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BACKGROUND
This site has been designed to be directed at, and accessible by, consumers on the Isle of Man. If You do not fall within this category then please e-mail Us before posting Material and We will confirm if the service is available and any revised Conditions that will apply. However, We will assume that Your local laws, if applicable, do not affect usage of the site.
These terms and conditions include the Disclaimer, Privacy Policy and Security Policy that We have placed on Our site at the time of submitting Your Material ("the Conditions"). These Conditions contain details of the entire agreement between Us but nothing shall exclude liability for fraudulent misrepresentation. NOTHING IN THESE CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
1. DEFINITIONS
In these Conditions the above and following definitions apply:
"Us", "We" means absolutecv.com of the address referred to in Our Contact Section of this site and "Our" shall be interpreted accordingly.
"You" means the person submitting any Material and "Your" shall be interpreted accordingly
"Post your CV" means the Post your CV section of Our internet site as modified from time to time.
"Business Day" means any day other than Saturday, Sunday or a Public Holiday in England.
"Content" means all information, data, text, music, sound, photographs, graphics, video, messages and other material.
"CV" means the Curriculum Vitae submitted by You.
"Material" means all Content of a submission to the "Post your CV"
"Profile" means the profile created online from some of Your Material as updated from time to time.
"Writing" includes e-mail, cable, facsimile transmission and comparable means of communication.
2. YOUR OBLIGATIONS
In these Conditions the above and following definitions apply:
2.1 By submitting Materials to "Post your CV" You consent to Your Profile and agreed other Materials being read, downloaded and printed and copied into other messages and remaining on Our site at Our discretion. However, users are not allowed to reproduce such Materials in any other form nor commercialise nor otherwise publish them other than within "Post your CV".
2.2 By submitting Materials You licence all forms of copying of all or part of Your CV once made live by You and agreed other Materials on or accessible from the relevant part of Our site and waive all moral rights subject to paragraphs 2.1 and 2.2. You undertake to ensure that You do not send Material in breach of the rights of others.
2.4 You:
2.4.1 warrant that Your registration details are correct and that you are aged 18 or over;
2.4.2 agree to use "Post your CV" only to post Materials that are proper and relevant and not to use either to post or send any Material that is unlawful, or gives rise to civil liability or without limitation is or may in Our opinion be harassing, defamatory, libellous, abusive, threatening, harmful, vulgar, obscene, indecent, knowingly inaccurate or misleading or which gives rise to such conduct;
2.4.3 AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OURSELVES, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES) ARISING FROM YOUR USE OF "POST YOUR CV"YOUR BREACH OF THESE CONDITIONS , FOR YOUR INFRINGEMENT OR INFRINGEMENT BY ANY OTHER USER OF YOUR E-MAIL ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY;
2.4.4 understand and expressly agree that use of "Post your CV" is at your sole risk, that any Material and/or data downloaded or otherwise obtained through such use is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material;
2.4.5 WARRANT WHERE YOU ARE AN AGENT FOR ANOTHER THAT YOU ARE AUTHORISED TO POST THE MESSAGE WITH US ON "POST YOUR CV" AND YOU WILL INDEMNIFY US AGAINST ANY CLAIM MADE BY ANY THIRD PARTY AGAINST US ARISING FROM THE PUBLICATION OF THE MESSAGE;
2.4.6 agree not to advertise or offer to sell any goods or services (other than through "Post your CV" in accordance with Our site) or conduct or forward surveys, consents, chain letters, pyramid schemes or be part of any spamming operation;
2.4.7 agree not to download any file posted by another user of Our site that You know, or ought reasonably to know, cannot be legally distributed in that way;
2.4.8 agree not to upload, post or email any content that contains computer viruses or code, files, or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; and
2.4.9 must keep your password private and change it on Our request.
2.5 If We receive a complaint about Your Material then We shall be entitled but not obliged to temporarily turn off that Material or all Materials pending clarification and possibly permanent removal without notice to You.
3. OUR OBLIGATIONS
3.1 You accept that We provide Our site facilities on an "As Is" basis without Our making a charge. In view of that, so far as the law allows, we disclaim all liability for negligence (except for death and personal injury arising from Our negligence), warranties of any kind, express or implied, including without limitation any warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement and all representations other than fraudulent misrepresentations or express provisions within the Conditions but make no warranty or representation regarding:
3.1.1 the results that may be obtained from use of "Post your CV"
3.1.2 the accuracy or reliability of any information obtained through "Post your CV"
3.1.3 any goods or services purchased or obtained through or as a result of contact through "Post your CV";
3.1.4 transactions entered into through "Post your CV"; or that "Post your CV" will meet any user's requirements, be uninterrupted, timely, completely secure or error free.
3.2 "Post your CV" communications are public and not private communication. Although we reserve the right to remove without notice any posting for any reason (whether Materials have been answered or not), we have no obligation to delete content that you may find objectionable or offensive or to monitor submissions or the site for any such. The posting or continued posting of Materials on "Post your CV" does not imply any endorsement of such by Us.
3.3 We will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from the use of or the inability to use "Post your CV" or software associated with Our site, resulting from any goods or services purchased or obtained or Materials received or transactions entered into through "Post your CV", resulting from loss of, unauthorised access to or alteration of a user's transmissions or data, including but not limited to damages for loss of profits, use, data or other intangibles, even if We had been advised of the possibility of suchloss.
3.4 For details of the lengths to which We have gone to avoid disclosure of Your private details, see Our Privacy Policy but unless We have been negligent WE WILL NOT BE LIABLE FOR LOSSES RESULTING FROM UNAUTHORISED ACCESS TO INFORMATION PROVIDED BY YOU.
4. GENERAL
4.1 The headings in these Conditions shall not affect the interpretation of the Conditions.
4.2 No variation or amendment of these Conditions or oral promise, advice, recommendation or commitment related to it shall be valid unless confirmed in Writing by Us or uploaded and displayed by and for Us on this site.
4.3 No waiver by Us of any breach of the Conditions by You should be considered as a waiver of any subsequent breach of the same or any other provision.
4.4 If any provision of the Conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the rest of them and all other provisions of such shall not be affected.
5. LAW AND JURISDICTION
5.1 The Conditions shall be governed by Manx law.
5.2 You hereby consent to the jurisdiction of the Manx Courts in all matters regarding it.
5.3 Notices under these Conditions shall be given in Writing as if the Distance Selling Regulations applied (even if You are not a consumer).
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