1. ACCEPTANCE.
This page (“Notice”) states the terms and conditions that apply to your access to and use of the Jonothan Bosworth Website (“Site”). Please review this Notice carefully. By accessing, browsing, or using the Site, all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions stated in this Notice. If you do not accept the terms and conditions stated in this Notice, you must not access or use the Site. By continuing to access or use the Site you will be taken to have read and accepted these terms and conditions of use. Jonothan Bosworth reserves the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.
2. ELIGIBILITY.
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. This Site is not available to minors.
3. PRIVACY.
Jonothan Bosworth will process any personal information you provide on or through this Site in accordance with its Privacy Statement and any specific terms set out on the relevant part of this Site.
4. LICENCE.
Jonothan Bosworth grants you a limited, non-exclusive, non-transferable, non-assignable, revocable licence to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organisation. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are exclusive property of Jonothan Bosworth or its content suppliers. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other websites or any media, e.g., networking environment, without Jonothan Bosworth’s prior written consent. Information necessary to achieve interoperability of any software downloaded, in accordance with the above licence, with other independently created software programs will be made available by us on request and on payment of our reasonable costs for providing the same.
All trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of Jonothan Bosworth and their respective owners. You shall not use the Marks in any manner without Jonothan Bosworth’s and their respective owners’ prior written consent.
5. USER SUBMISSIONS.
The Site provides a forum for you to obtain employment and career information. By submitting or entering your information to the Site (“Submitted Material”), you agree that you grant Jonothan Bosworth a perpetual, non-exclusive, irrevocable, royalty free, worldwide licence and right (but not the obligation) to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion, of your Submitted Material, and by any means.
You acknowledge and accept that Jonothan Bosworth is only a passive forum for users to obtain employment and career information. Jonothan Bosworth does not screen or monitor any Submitted Materials. Jonothan Bosworth, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. Jonothan Bosworth reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that Jonothan Bosworth considers to be unacceptable. In the event Jonothan Bosworth receives notification regarding any unacceptable Submitted Materials, Jonothan Bosworth may, at its sole discretion, investigate such materials. You acknowledge and agree that Jonothan Bosworth may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if Jonothan Bosworth believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect the rights of Jonothan Bosworth; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Jonothan Bosworth’s claim under this Notice; and (vi) satisfy any claims regarding violations of third party’s rights.
6. GENERAL PROHIBITION.
When accessing and using the Site, you agree not to:
(a) violate any local or national rules, regulations and statutes, including, but not limited to, anti-discrimination, or equal opportunity employment laws;
(b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trade mark or trade secrets rights of any third party;
(c) upload, post, transmit, or store any material that:
- is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
- breaches any of your contractual or confidentiality obligations;
- disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, worms or trojan horses, continuous posting of repetitive materials, or posting abnormally large files; or
- are not permitted by Jonothan Bosworth, including, but not limited to, any unauthorised advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
(d) violate the privacy rights or personal rights of others by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information;
(e) breach or attempt to breach any security measures of the Site;
(f) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without Jonothan Bosworth ‘s prior written consent;
(g) access or attempt to access any account or login of any third party listed on the Site;
(h) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
(i) post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information;
(j) impersonate any person or entity;
(k) use the Site in any unauthorised way or for any criminal activity;
(l) forge any header information in any electronic posting or mail; or
(m) misrepresent yourself, your affiliation with any third party, or your entity.
7. SPECIFIC USAGE AND RESPONSIBILITIES.
In addition to the general responsibilities listed in Section 5, you further agree to:
(a) use the Site only for lawful purposes in searching for employment opportunities and career information;
(b) provide and maintain complete, correct, up-to-date, and accurate information on your submitted information;
(c) post materials for which you have all the necessary rights or licences;
(d) use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained from the Site; and
(e) bear the risks of any reliance or use of any Materials or any information provided by any third party.
8. ACCOUNT AND PASSWORD.
The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Jonothan Bosworth if there is any unauthorised use of your account or any breach of security.
9. EMPLOYMENT.
You understand and agree that Jonothan Bosworth (1) does not warrant that you will receive any employment or job offers through the Site; (2) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (3) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (4) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (5) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any 3rd party.
10. LINKS TO 3rd PARTY SITES.
The Site may have links, such as hyperlinks or buttons, directing access to 3rd party’s web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by Jonothan Bosworth. Jonothan Bosworth shall not be responsible for the accuracy, security or reliability of any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Jonothan Bosworth and the owner of the Linked Sites or any endorsement or sponsorship by Jonothan Bosworth of the Linked Sites. Jonothan Bosworth includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites. You should note that Linked Sites are not controlled by us and therefore different terms and conditions and policies, such as terms of use and policies concerning the use of your personal information, may apply.
11. INDEMNIFICATION.
You agree to indemnity, defend, and hold Jonothan Bosworth, its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any 3rd party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your accessing or using the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.
12. DISCLAIMER.
YOU ACKNOWLEDGE AND ACCEPT THAT:
(A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESSING OF THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS;
(B) JONOTHAN BOSWORTH EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR OTHERWISE; AND
(C) JONOTHAN BOSWORTH EXPRESSLY DISCLAIMS ALL WARRANTIES: (I) THAT THE SITE AND ITS CONTENTS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THAT THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THAT THE SITE WILL BE AVAILABLE AT ALL TIMES; (IV) THAT THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) AS TO THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.
13. LIABILITY AND LIMITATIONS OF LIABILITY.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PROPERTY DAMAGES, AND OF DEALING WITH OTHER USERS OF THE SITE (BEING STRANGERS, MINORS, OR FOREIGN NATIONALS OR PERSONS ACTING UNDER FALSE PRETENCE). YOU FURTHER AGREE TO HOLD JONOTHAN BOSWORTH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JONOTHAN BOSWORTH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGES, OR FOR LOSS OF PROFIT, GOODWILL, REVENUE, DATA, OR USE WHETHER ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR BREACH OR FAILURE OF WARRANTY, EVEN IF JONOTHAN BOSWORTHHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE ARISING.
14. TERMINATION.
Jonothan Bosworth has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. Jonothan Bosworth may also terminate your access to any part or all of the services provided by Jonothan Bosworth on the Site at any time, with or without cause or notice, for any reason. If you want to terminate your account, you should cease accessing and using the Site. Jonothan Bosworth shall not be responsible for maintaining or returning your Submitted Materials, your account, or your logon and password. You should always maintain a copy of your Submitted Materials.
15. GENERAL.
You agree that there is no employment, partnership, agency, or joint venture relationship between you and Jonothan Bosworth arising out of or resulting from accessing or using the Site.
This Notice constitutes the entire agreement between you and Jonothan Bosworth governing your accessing and using of the Site and is additional to any binding agreement between you and Jonothan Bosworth.
This Notice is governed by the laws of England and you submit to the exclusive jurisdiction of the English courts. If you view, access, submit, or download materials to and from the Site outside the UK, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, UK and other applicable export laws and regulations.
The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term.
The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to this Notice shall not affect the validity or enforceability of any other terms or rights or the remainder of any such term or right which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof. Specific Sections shall survive any termination of this Notice for any reasons.