Please
read this Agreement carefully before accessing the CambodiaWorks.com
career website. As a condition to and in consideration of
receiving and accessing the CambodiaWorks.com career website,
the User agrees to be bound by the terms of this Agreement.
Use of or access to the CambodiaWorks.com career website shall
constitute acceptance of and agreement to be bound by this
Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT,
DO NOT ACCESS THE CambodiaWorks.com career website. If you
have any questions about this Agreement, please contact us
via e-mail at contact@cambodiaworks.com.
CambodiaWorks.com Recruiting Website
Access Agreement
THIS AGREEMENT "Agreement"
is entered into by and between CambodiaWorks.com and any individual,
corporation, association, agency, company, or other entity
who accesses or uses the CambodiaWorks.com career website (the
"User" or "you").
The CambodiaWorks.com career website,
which is provided without charge to you, is a World Wide Web
site on the Internet that is designed to allow users to post
jobs and/or to view jobs posted by other users or interact
with those users. The CambodiaWorks.com career website is owned
and operated by Management Consulting Group, Ltd. The CambodiaWorks.com
career website contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations,
audio, video, software, photos, music, sounds and other material
and data (collectively, "Content") formatted, organized
and collected in a variety of forms that are generally accessible
to Users, including directories and databases, and areas of
the CambodiaWorks.com career website that can be modified by
Users, such as posting jobs, uploading multimedia files, registering
user profiles, and creating Auto-Notify profiles ("Interactive
Areas").
1. User Rights
and Responsibilities
1.1 Access to the CambodiaWorks.com
career website.
You are responsible for providing
all hardware, software, telephone or other communications
equipment and/or service to connect to the Internet and access
the CambodiaWorks.com career website and are responsible for
all Internet access charges, telephone charges or other fees
or charges incurred in connecting to the Internet and accessing
the CambodiaWorks.com career website.
1.2 User Conduct.
You agree to access and use the
CambodiaWorks.com career website only for lawful purposes.
You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations, pertaining
to (i) your use of the CambodiaWorks.com career website, including
any Interactive Area, (ii) the use of any networks or other
services connected to the CambodiaWorks.com career website,
and (iii) the communications means by which you connect your
modem, computer, or other equipment to the CambodiaWorks.com
career website. By accessing the CambodiaWorks.com career website,
you agree that you will not:
(1) restrict or inhibit any other
user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, or indecent information of any kind,
including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, national, or international law;
(3) post or transmit any information,
software, or other material which violates or infringes
in the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected
by copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission
from the owner or right holder.
(4) post or transmit any information,
software or other material which contains a virus or other
harmful component;
(5) alter, damage or delete any Content
or other communications that are not your own Content or
to otherwise interfere with the ability of others to access
the CambodiaWorks.com career website;
(6) disrupt the normal flow of communication
in an Interactive Area;
(7) claim a relationship with or to
speak for any business, association, institution or other
organization for which you are not authorized to claim such
a relationship;
(8) violate any operating rule, policy
or guideline of your Internet access provider or online
service.
2. Intellectual
Property Rights
2.1 CambodiaWorks.com career
website content.
(a) You acknowledge that Content
on the CambodiaWorks.com career website is generally provided
by the CambodiaWorks.com career website, individual contributors
of Content ("Contributors"), third party licensees,
and/or other Users. You acknowledge that the CambodiaWorks.com
career website permits access to Content that is protected
by copyrights, trademarks, and other proprietary (including
intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights
are valid and protected in all media existing now or later
developed and except as is explicitly provided below, your
use of Content shall be governed by applicable copyright and
other intellectual property laws. You acknowledge that the
CambodiaWorks.com career website owns a copyright in the "look
and feel," i.e., the selection, coordination, arrangement
and presentation of such Content.
(b) You may not modify, copy, reproduce,
transmit, distribute, publish, create derivative works from,
display or otherwise transfer or commercially exploit any
of the Content, in whole or in part, provided, however, that
you may (i) make a reasonable number of digital or other form
of copies to permit your computer hardware and software to
access and view the Content, (ii) print one copy of each piece
of Content, (iii) make and distribute a reasonable number
of copies of Content, in whole or in part, in hard copy or
electronic form for internal use only. Any permitted copies
of Content must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual Property
Right notices, and an original source attribution to "The
CambodiaWorks.com career website" and its URL address.
You acknowledge that the CambodiaWorks.com career website,
its Contributors, and/or Users remain the owners of the Content
and that you do not acquire any Intellectual Property Rights
by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive
Area or otherwise transmit, post, publish, reproduce or distribute,
on or through the CambodiaWorks.com career website only Content
that is not subject to any Intellectual Property Rights, or
Content in which any holder of Intellectual Property Rights
has given express authorization for distribution over the
Internet and on the CambodiaWorks.com career website, without
restriction whatsoever. Any Content submitted with the consent
of a copyright owner other than you should contain a phrase
such as "Copyright owned by [name of owner]; Used by
Permission." By submitting Content to any Interactive
Area, you automatically grant and/or warrant that the owner
of such Content, whether it be You or a third party, has expressly
granted to the CambodiaWorks.com career website the royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, sublicense, distribute,
perform, and display such Content, in whole or in part, worldwide
and/or to incorporate it in other works in any form, media,
or technology now known or later developed for the full term
of any Intellectual Property Rights that may exist in such
Content. You also permit the CambodiaWorks.com career website
to sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to such Content.
You also permit any User to access, view, store and reproduce
the Content for personal use. You also permit the CambodiaWorks.com career website to use your
company's name and corporate logo for marketing purposes.
3. Interactive Areas
You acknowledge that the CambodiaWorks.com
career website may include various interactive areas ("Interactive
Areas"), including but not limited to jobs. These Interactive
Areas allow feedback to the CambodiaWorks.com career website
and real-time interaction between users. You further understand
that the CambodiaWorks.com career website does not control
the messages, information, or files delivered to such Interactive
Areas and that the CambodiaWorks.com career website may offer
you and other Users the capability of creating and managing
an Interactive Area. However, neither the CambodiaWorks.com
career website, its subsidiary and parent companies, or affiliates,
nor their respective directors, officers, employees and agents
are responsible for Content within any Interactive Area. Your
use and/or management of an Interactive Area will be governed
by this Agreement and any additional rules or operating procedures
of any Interactive Area established by you or another User,
as applicable. You recognize that the CambodiaWorks.com career
website cannot, and does not intend to, screen communications
in advance. Moreover, because the CambodiaWorks.com career
website encourages open and candid communication in the Interactive
Areas, the CambodiaWorks.com career website cannot determine
in advance the accuracy or conformance to this Agreement of
any Content transmitted in an Interactive Area. The CambodiaWorks.com
career website is not responsible for screening, policing,
editing, reviewing or monitoring any Content in an Interactive
Area. Notwithstanding the above, you agree that the CambodiaWorks.com
career website has the right to monitor any Interactive Area,
from time to time and to disclose any information as necessary
to satisfy any law, regulation or other governmental request,
to operate the Interactive Area, or to protect itself or other
Users. If notified of Content that is alleged not to conform
to this Agreement, the CambodiaWorks.com career website may
investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content.
The CambodiaWorks.com career website reserves the right to
prohibit conduct, communication or Content within an Interactive
Area, or to edit, refuse to post, or to remove any Content,
in whole or in part, which it deems in its sole discretion
to (i) violate the then-standard provisions of this Agreement
or any other standard, written CambodiaWorks.com career website
policy in effect at that time, (ii) be harmful to the rights
of any User, the CambodiaWorks.com career website, or other
third parties, (iii) violate applicable law, or (iv) be otherwise
objectionable.
4. Termination
The only right with respect to
dissatisfaction with any policies, guidelines, or practices
of the CambodiaWorks.com career website in operating the CambodiaWorks.com
career website, or any change in Content, is for you to discontinue
accessing the CambodiaWorks.com career website. The CambodiaWorks.com
career website may terminate or temporarily suspend your access
to all or any part of the CambodiaWorks.com career website,
without notice, for conduct that the CambodiaWorks.com career
website believes is a violation of this Agreement or any policies
or guidelines posted by the CambodiaWorks.com career website,
or for other conduct which the CambodiaWorks.com career website
believes, in its sole discretion, is harmful to the CambodiaWorks.com
career website or other Users. The CambodiaWorks.com career
website may discontinue operating the CambodiaWorks.com career
website and terminate this Agreement without notice at any
time for any reason in its sole discretion. In the event of
termination, you are no longer authorized to access the CambodiaWorks.com
career website, including the Interactive Areas, and the restrictions
imposed on you with respect to Content downloaded from the
CambodiaWorks.com career website, as well as the disclaimers
and limitations of liabilities set forth in this agreement,
shall survive.
5. Links; Disclaimers Of Warranties;
Limitations of Liability
5.1 Links. You
understand that except for Content, products or services expressly
available at the CambodiaWorks.com career website, neither
the CambodiaWorks.com career website, its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, and agents controls, provides, or is responsible
for any Content, goods or services available through sites
on the Internet linked to or from the CambodiaWorks.com career
website. All such Content, goods and services are made accessible
on the Internet by independent third parties and are not part
of the CambodiaWorks.com career website or controlled by the
CambodiaWorks.com career website. The CambodiaWorks.com career
website neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from
the CambodiaWorks.com career website, which are the sole responsibility
of such independent third parties, and your use thereof is
solely at your own risk. Neither the CambodiaWorks.com career
website, its subsidiary and parent companies, or affiliates,
or their respective directors, officers, employees, and agents
shall be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused
by your use of or reliance on any Content, goods or services
available on any site linked to or from the CambodiaWorks.com
career website or your inability to access the Internet or
any site linked to or from the CambodiaWorks.com career website.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information
contained or opinions expressed on the CambodiaWorks.com career
website. It is the policy of the CambodiaWorks.com career website
not to endorse or oppose any opinion expressed by a User or
Content provided by a User, Contributor, or other independent
party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CambodiaWorks.com
career website IS AT YOUR SOLE RISK. NEITHER THE CambodiaWorks.com
career website NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS
THAT THE CambodiaWorks.com career website OR ANY INTERNET SITE
LINKED TO OR FROM THE CambodiaWorks.com career website WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CambodiaWorks.com
career website OR ANY INTERNET SITE LINKED TO OR FROM THE
CambodiaWorks.com career website OR AS TO THE TIMELINESS, SEQUENCE,
ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION,
SERVICE, OR TRANSACTION PROVIDED THROUGH THE CambodiaWorks.com
career website OR ANY SITE LINKED TO OR FROM THE CambodiaWorks.com
career website. THE CambodiaWorks.com career website IS PROVIDED
ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE CambodiaWorks.com career website,
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE CambodiaWorks.com
career website, OR ANY INTERNET SITE LINKED TO OR FROM THE
CambodiaWorks.com career website, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES
CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT,
SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT,
DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE CambodiaWorks.com career
website, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD
PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE
ON THE CONTENT CONTAINED WITHIN THE CambodiaWorks.com career
website OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM THE CambodiaWorks.com career website. THE
CONTENT WITHIN THE CambodiaWorks.com career website AND THE
CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE CambodiaWorks.com
career website MAY INCLUDE TECHNICAL OR OTHER INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN
NEW VERSIONS OF THE CambodiaWorks.com career website AND SPECIFICALLY
ARE INCLUDED IN THIS SECTION AGREEMENT. THE CambodiaWorks.com
career website AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO
TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT THE CambodiaWorks.com career website IS NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL
CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CambodiaWorks.com
career website SITE CONTENT, OR WITH THE ACCESS AGREEMENT
OF THE CambodiaWorks.com career website, IN WHOLE OR IN PART,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
CambodiaWorks.com career website.
6. Indemnity
You agree
to indemnify and hold the CambodiaWorks.com career website,
its parent or subsidiary companies and their affiliates, and
their respective directors, officers, employees, and agents
from any and all liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of this Agreement,
any other policy, your use or access of the CambodiaWorks.com
career website or any Internet site linked to or from the
CambodiaWorks.com career website, or in connection with the
transmission of any Content on the CambodiaWorks.com career
website.
7. Miscellaneous
This Agreement
comprises the entire agreement between the CambodiaWorks.com
career website and you, and supersedes any prior agreements
with respect to the subject matter herein. The CambodiaWorks.com
career website may revise this Agreement or any other policy
at any time and from time to time, and such revision shall
be effective two (2) days upon posting notice of such revision
prominently on the CambodiaWorks.com career website. You agree
to review this Agreement periodically to be aware of such
revisions. If any such revision is unacceptable to you, you
must discontinue accessing the CambodiaWorks.com career website.
Your continued accessing and use of the CambodiaWorks.com career
website following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions
of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive
the termination or expiration of this Agreement. If any provision
of this Agreement or any other policy be held invalid or unenforceable,
that portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intention
of the parties and the remaining portions will continue in
full force and effect. The failure of the CambodiaWorks.com
career website to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed
as a waiver of any provision or right. This Agreement shall
be governed by the laws of the state or province of domicile
of the CambodiaWorks.com career website, excluding its conflict
of laws rules, and you and the CambodiaWorks.com career website
each submit to the exclusive jurisdiction of the courts of
that state or province. This Agreement is personal to you
and you may not assign your rights or obligations thereunder
to anyone. All logos, brand names, products, trademarks and
service marks appearing herein may be the trademarks or service
marks of their respective owners. References to any trademark,
service mark and links to or from the CambodiaWorks.com career
website have been done strictly for clarification and identification
and does not constitute endorsement by the CambodiaWorks.com
career website of the products, services or information offered
by the owner of such trademark, service mark or link or endorsement
of the CambodiaWorks.com career website by such trademark,
service mark or link owner.
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