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NTES - Terms of Use
This page states the "Terms and Conditions" under
which you may use NTES.com. Please read this page carefully. If you do
not accept the Terms and Conditions stated here, do not use this web site
and service. By using this web site, you are indicating your acceptance to
be bound by the terms of these Terms and Conditions. NTES, Inc. (the
"Company") may revise these Terms and Conditions at any time by updating
this posting. You should visit this page periodically to review the Terms
and Conditions, because they are binding on you. The terms "You" and
"User" as used herein refer to all individuals and/or entities accessing
this web site for any reason.
Use of Web Site Content.
The Company
authorizes You to view and access a single copy of the content available
on or from NTES.com (the "Web Site") solely for your personal,
noncommercial use.
The contents of
this Web Site, and of all other websites under the Company's control,
whether partial or otherwise (the Website and such other websites are
sometimes collectively referred to as "NTES Sites") such as text,
graphics, images, logos, button icons, software and other Web Site content
(collectively, "Web Site Content"), are protected under both United States
and foreign copyright, trademark and other laws. All Web Site Content is
the property of the Company or its content suppliers or clients. The
compilation (meaning the collection, arrangement and assembly) of all
content on this Web Site is the exclusive property of the Company and
protected by U.S. and international copyright laws. Unauthorized use of
the Web Site Content may violate copyright, trademark, and other laws. You
must retain all copyright, trademark, service-mark and other proprietary
notices contained in the original Web Site Content on any copy You make of
the Web Site Content. You may not sell or modify the Web Site Content or
reproduce, display, publicly perform, distribute, or otherwise use the Web
Site Content in any way for any public or commercial purpose. The use of
the Web Site Content on any other web site or in a networked computer
environment for any purpose is prohibited.
You shall not copy
or adapt the HTML code that the Company creates to generate any Web Site
Content or the pages making up any NTES Site. It is also protected by
the Company's copyright.
Acceptable Site Use.
General Rules:
Users may not use any NTES Site in order to transmit, distribute, store
or destroy material, including without limitation Web Site Content, (a) in
violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other
personal rights of others, or (c) that is defamatory, obscene,
threatening, abusive or hateful.
NTES Site Security
Rules.
Users are
prohibited from violating or attempting to violate the security of any
NTES Site, including, without limitation, (a) accessing data not
intended for such user or logging into a server or account which the user
is not authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to any NTES Site,
overloading, "flooding", "spamming", "mailbombing" or "crashing", (d)
sending unsolicited e-mail, including promotions and/or advertising of
products or services, or (e) forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup posting. Violations
of system or network security may result in civil or criminal liability.
The Company will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
Specific Prohibited
Uses.
NTES Sites may
be used only for lawful purposes by individuals seeking employment and
career information and employers seeking employees. The Company
specifically prohibits any use of the Web Site, and all users agree not to
use the Web Site, for any of the following:
Posting any
incomplete, false or inaccurate biographical information or information
which is not your own accurate resume (living individual seeking
employment on a full-time or part-time basis on his or her own
behalf).
Posting any
franchise, pyramid scheme, "club membership", distributorship or sales
representative agency arrangement or other business opportunity which
requires an up front or periodic payment, pays commissions only (except
for postings that make clear that the available job pays commission only
and clearly describes the product or service that the job seeker would be
selling, in which case such postings are permissible), requires
recruitment of other members, sub-distributors or
sub-agents.
Deleting or
revising any material posted by any other person or
entity.
Using any device,
software or routine to interfere or attempt to interfere with the proper
working of any NTES Site or any activity being conducted on this
site.
Taking any action
which imposes an unreasonable or disproportionately large load on any
NTES Site's infrastructure.
If You have a
password allowing access to a non-public area of this Web Site, disclosing
to or sharing your password with any third parties or using your password
for any unauthorized purpose.
Notwithstanding
anything to the contrary contained herein, using or attempting to use any
engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search any NTES Site other than the search
engine and search agents available from the Company on such NTES Site
and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
Attempting to
decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of any NTES
Site.
Aggregating,
copying or duplicating in any manner any of the Web Site Content or
information available from any NTES Site.
Framing of or
linking to any of the Web Site Content or information available from any
NTES Site.
User Information.
When You register
for the Web Site, You will be asked to provide the Company with certain
information including, without limitation, a valid email address (your
"Information"). In addition to the terms and conditions that may be set
forth in any privacy policy on this Web Site, You understand and agree
that the Company may disclose to third parties, on an anonymous basis,
certain aggregate information contained in your registration application.
The Company will not disclose to any third party your name, address,
e-mail address or telephone number without your prior consent, except to
the extent necessary or appropriate to comply with applicable laws or in
legal proceedings where such information is relevant. The Company reserves
the right to offer third party services and products to You based on the
preferences that You identify in your registration and at any time
thereafter; such offers may be made by the Company or by third parties.
Please see the Company's Privacy Policy for further details regarding your
Information.
Each candidate made
available through the skilled and hourly section of NTES has taken
skills interview(s) offered by NTES. The results of each skilled and
hourly candidate's skills interview are not evaluated by NTES and
should be evaluated by each employer based on such employer's specific
criteria. The skills interview(s) are proprietary to NTES and may be
changed from time to time in NTES's discretion. The skills interviews
do not necessarily guarantee performance results or capture all criteria
that may be relevant to an employer in making employment decisions.
NTES does not independently verify the information provided by
candidates or the identity of candidates.
User Submissions.
As a user, You are
responsible for your own communications and are responsible for the
consequences of their posting. You must not, and by using any NTES Site
You agree not to, do the following things: post material that is
copyrighted, unless You are the copyright owner or have the permission of
the copyright owner to post it; post material that reveals trade secrets,
unless You own them or have the permission of the owner; post material
that infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another user or any other person or entity; post a sexually-explicit image
or statement; post advertisements or solicitations of business, post chain
letters or pyramid schemes; impersonate another person; or post material
that contains viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines or engines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information.
The Company does
not represent or guarantee the truthfulness, accuracy, or reliability of
communications posted by users or endorse any opinions expressed by users.
You acknowledge that any reliance on material posted by other users will
be at your own risk.
The Company acts as
a passive conduit for the online distribution and publication of
user-submitted information and has no obligation to screen communications
or information in advance and is not responsible for screening or
monitoring material posted by users. If notified by a user of
communications which allegedly do not conform to these Terms and
Conditions, the Company may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request the
removal of the communication. The Company has no liability or
responsibility to users for performance or nonperformance of such
activities. The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms and
Conditions or the law and the right to remove communications which are
abusive, illegal, or disruptive. The Company may take any action with
respect to user-submitted information that it deems necessary or
appropriate in its sole discretion if it believes it may create liability
for the Company or may cause the Company to lose (in whole or in part) the
services of its ISPs or other suppliers.
By submitting
content to any public or non-public area of any NTES Site, including
message boards, forums, contests and chat rooms, You grant the Company and
its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including any moral rights)
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform and
display the 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 rights that may exist in such content.
You also warrant that the holder of any rights, including moral rights in
such content, has completely and effectively waived all such rights and
validly and irrevocably granted to You the right to grant the license
stated above. You also permit any subscriber to access, display, view,
store and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on the Web Site retains any
and all rights that may exist in such content.
Any hyperlinks
contained in a job posting submitted by Customer will be disabled when
such job posting is posted on a NTES Site.
We appreciate
hearing from our customers and welcome your comments regarding our
services and the NTES Sites. Please be advised, however, that our
policy does not permit us to accept or consider creative ideas,
suggestions, inventions or materials other than those which we have
specifically requested. While we do value your feedback on our services,
please be specific in your comments regarding our services and do not
submit creative ideas, inventions, suggestions, or materials. If, despite
our request, You send us creative suggestions, ideas, drawings, concepts,
inventions, or other information (collectively the "Submission"), the
Submission shall be the property of the Company. None of the Submission
shall be subject to any obligation of confidence on our part and we shall
not be liable for any use or disclosure of any Submission. The Company
shall own exclusively all now known or later discovered rights to the
Submission and shall be entitled to unrestricted use of the Submission for
any purpose whatsoever, commercial or otherwise, without compensation to
You or any other person who submitted the Submission.
Registration and
Password.
You are responsible
for maintaining the confidentiality of your information and password. You
shall be responsible for all uses of your registration, whether or not
authorized by You. You agree to immediately notify the Company of any
unauthorized use of your registration or password.
Identification Of Agent To Receive
Notification And Elements Of Notification Of Claimed Copyright
Infringement
If You believe that
your copyrighted work has been uploaded, posted or copied to this Web Site
and is accessible on this Web Site in a way that constitutes copyright
infringement, please notify us by providing our designated copyright agent
with the following information:
1.
The physical or electronic
signature of either the copyright owner or of a person authorized to act
on the owner's behalf;
2.
A description of the
copyrighted work You claim has been infringed, and a description of the
activity that You claim to be infringing;
3.
Identification of the URL or
other specific location on this web site where the material or activity
You claim to be infringing is located or is occurring; You must include
enough information to allow us to locate the material or the
activity;
4.
Your name, address,
telephone number and, if You have one, your e-mail
address;
5.
A statement by You that You
have a good faith belief that use on the web site of the copyrighted work
in the manner You are complaining of is not authorized by the copyright
owner, any agent of the copyright owner, or the law;
and
6.
A statement by You, made
under penalty of perjury, that the information You have provided in your
notice is accurate and that You are either the copyright owner or are
authorized to act on behalf of the copyright owner.
We
have designated Bill Fletcher as our agent to receive notices of claims of
copyright infringement on our web site. You can contact Bill Fletcher as
follows:
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By mail: |
Bill Fletcher
NTES
P.O. Box 31947
Knoxville, Tennessee, 37930-1947 |
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By telephone: |
865-692-5393 |
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By e-mail: |
billville@aol.com |
Need help with a job
seeker issue? Contact us
now.
Policy
Regarding Termination Of Users And Account Holders Who Repeatedly Infringe
The Copyright Or Other Intellectual Property Rights Of
Others
NTES Worldwide Inc.,
NTES, Inc., NTES.com, and all of our affiliated companies respect
the intellectual property of others, and we ask our users, account holders
and content partners to do the same. The unauthorized reproduction,
copying, distribution, modification, public display or public performance
of copyrighted works constitutes infringement of the copyright owners
rights. As a condition to your use of this Web Site, You agree not to use
the Web Site or any other NTES Site to infringe the intellectual
property rights of others in any way. We will terminate the accounts of
any account holders, and block access to our Web Site and/or the other
NTES Sites of any users, who are repeat infringers of the copyrights,
or other intellectual property rights, of others. We reserve the right to
take these actions at any time, in our sole discretion, with or without
notice, and without any liability to the account holder who is terminated
or to the user whose access is blocked.
The
Company’s Liability.
NTES.com is only a venue.
This Web Site acts as a venue for employers to post job opportunities and
candidates to post resumes and does not screen or censor the listings
offered. The Company is not involved in the actual transaction between
employers and candidates. As a result, the Company has no control over the
quality, safety or legality of the jobs or resumes posted, the truth or
accuracy of the listings, the ability of employers to offer job
opportunities to candidates or the ability of candidates to fill job
openings. In addition, note that there are risks, including but not
limited to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretenses. You
assume all risks associated with dealing with other users with whom You
come in contact through the Web Site and/or the other NTES
Sites.
Because user authentication
on the Internet is difficult, the Company cannot and does not confirm that
each user is who they claim to be. Because we do not and cannot be
involved in user-to-user dealings or control the behavior of participants
on any NTES Site, in the event that You have a dispute with one or more
users, You release the Company (and our agents and employees) from claims,
demands and damages (actual and consequential, direct and indirect) of
every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with
such disputes. If You are a California resident, You waive California
Civil Code d1542, which says: "A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which
if known by him must have materially affected his settlement with the
debtor."
We are under no legal
obligation to, and generally do not, control the information provided by
other users which is made available through the Web Site and/or the other
NTES Sites. By its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases will be mislabeled or
deceptively labeled. We expect that You will use caution and common sense
when using this Web Site and/or the other NTES
Sites.
The Web Site Content may
contain inaccuracies or typographical errors. The Company makes no
representations about the accuracy, reliability, completeness, or
timeliness of any NTES Site or the Web Site Content. The use of NTES
Sites and the Web Site Content is at your own risk. Changes are
periodically made to NTES Sites and may be made at any
time.
You acknowledge and agree
that You are solely responsible for the form, content and accuracy of any
resume or material contained therein placed by You on the NTES Sites.
Employers are solely responsible for their postings on NTES Sites. The
Company is not to be considered to be an employer with respect to your use
of any NTES Site and the Company shall not be responsible for any
employment decisions, for whatever reason made, made by any entity posting
jobs on any NTES Site.
THE COMPANY DOES NOT WARRANT
THAT ANY NTES SITE WILL OPERATE ERROR-FREE OR THAT ANY NTES SITE AND
ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF
YOUR USE OF ANY NTES SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. THE NTES SITES AND WEB SITE CONTENT ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE
COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF
THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE
COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY NTES SITE
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE ANY NTES SITE AND THE WEB SITE CONTENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to
Other Sites.
The Web Site and certain
other NTES Sites contain links to third party web sites. These links
are provided solely as a convenience to You and not as an endorsement by
the Company of the contents on such third-party Web sites. The Company 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.
No
Resale or Unauthorized Commercial Use.
You agree not to resell or
assign your rights or obligations under these Terms of Use. You also agree
not to make any unauthorized commercial use of any NTES Site.
LIMITATION OF LIABILITY
NTES'S MAXIMUM LIABILITY
ARISING OUT OF OR IN CONNECTION WITH ANY NTES SITE OR YOUR USE OF THE
WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT,
TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Termination.
The Company reserves the
right, at its sole discretion, to pursue all of its legal remedies,
including but not limited to deletion of your postings from this Web Site
and the other NTES Sites and immediate termination of your registration
with or ability to access this Web Site and the other NTES Sites and/or
any other service provided to You by the Company, upon any breach by You
of these Terms and Conditions or if the Company is unable to verify or
authenticate any information You submit to the Web Site or other NTES
Site registration.
Indemnity.
You agree to defend,
indemnify, and hold harmless the Company, its officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees,
alleging or resulting from (i) any material You provide to a NTES Site,
(ii) any Web Site Content that You use or (iii) your breach of the terms
of these Terms and Conditions. The Company shall provide notice to You
promptly of any such claim, suit, or proceeding and shall assist You, at
your expense, in defending any such claim, suit or proceeding.
General.
The Company makes no claims
that the Web Site Content may be lawfully viewed or accessed outside of
the United States. Access to the Web Site Content may not be legal by
certain persons or in certain countries. If You access the Web Site from
outside of the United States, You do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These Terms
and conditions are governed by the internal substantive laws of the
Commonwealth of Alabama, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this agreement shall
lie exclusively with the state or federal courts within Alabama.
If any provision of these Terms and Conditions are found to
be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in additional terms of use for areas of the
Web Site, a particular "Legal Notice," or Software License or material on
particular Web pages, these Terms and Conditions constitute the entire
agreement between You and the Company with respect to the use of Web Site.
No changes to these Terms and Conditions shall be made except by a revised
posting on this page.
Additional Terms of Use.
Certain areas of this Web
Site and the other NTES Sites are subject to additional terms of use.
By using such areas, or any part thereof, You agree to be bound by the
additional terms of use applicable to such areas.
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