THE MARITIMEEMPLOYMENT.COM ONLINE USER AGREEMENT:
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING, USING, OR DOWNLOADING INFORMATION FROM THE MARITIMEEMPLOYMENT.COM; MARITIMEJOBS.BIZ; OCEANJOBS.BIZ; SHIPJOBS.BIZ; SEAFARERSEMPLOYMENT.COM; WORKBOATJOBS.BIZ; OFFSHORESOURCEJOBS.COM; SHALLOWDRAFTJOBS.COM; OFFSHOREMARINEJOBS.COM; WORKBOATJOBS.COM; PASSENGERVESSELJOBS.COM; CANADACRUISEJOBS.COM; PACIFICMARITIMEJOBS.COM; GOGULFMARITIMEJOBS.COM; AWOJOBS.COM; OFFSHOREWORKER.COM AND EMPLEOMARINO.COM WEB SITES (collectively, the "Web Site") AND/OR EMPLOYMENT SERVICES (the "Service") YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("Agreement") BETWEEN YOU AND MARITIMEEMPLOYMENT.COM. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE WEB SITE OR SERVICE.
1. GENERAL INFORMATION.
The Web Site and Service are provided by Oceanwide Houston, Inc., d/b/a MaritimeEmployment.com ("Oceanwide"). Your access and use of this Web Site and/or Service is expressly conditioned upon your agreement that all access and use will be governed by all of the terms and conditions in this Agreement, in their current form, or as modified. Oceanwide reserves the right, at its discretion, to amend or change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the Web Site and Service at any time, without notice to you. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the Web Site.
Any notice or statement of changes/modifications described above will be displayed online, and such display shall constitute effective notice under this Agreement. Therefore, you must consult the most recent version of this Agreement (and not an older cached version) each time you visit the Web Site or use the Service. Your access or use of the Web Site and/or Services after the posting of any change in the terms and conditions of this Agreement shall constitute your acceptance to be bound by any such changes.
2. THE SERVICE AREA.
The "Service Area" shall mean all areas and aspects of the Web Site and Service including, without limitation, text, data, photos, images, graphics, mobi, mobiapps, videos, video conferencing, resumes, or any information obtained through the Web Site (collectively referred to herein as "Information"), Oceanwide's computers or network and any subscription, product, service, resume referral, or information provided by Oceanwide. Statements made on the Web Site concerning the products or services of Oceanwide do not constitute an offer, but are merely solicitations of an offer.
As a convenience to you, Oceanwide may provide, on this Web Site, links to third party web sites operated by other entities, including sites of certain employers, sponsors and advertisers of products and services ("Advertisers"). If you use these sites, you will leave this Web Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Oceanwide makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Oceanwide or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Oceanwide or any of its affiliates, or subsidiaries. Oceanwide shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: any external site linked to the Web Site, or the products or services displayed on such linked sites.
3. USE OF THE WEB SITE AND SERVICE.
3.1 Copyright, Patent and Trademark Notice.
Unless otherwise noted, all content of the Web Site, including but not limited to, all text, photos, images, graphics, audio, software, and/or video are the valuable, exclusive property of Oceanwide Houston, Inc. or its licensors and nothing in this Agreement may be construed as transferring or assigning any such ownership rights to you or any other person or entity. ©2009 MaritimeEmployment.com. All rights reserved.
Except as permitted in this Agreement, no portion of the content may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication, commercially exploited or redistributed in any medium without Oceanwide's prior written consent. Nor may any portion of the content be stored in a computer or distributed over any network except that you may download or print one copy of occasional web pages strictly for personal and non-commercial use.
Oceanwide, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, and/or registered trademarks of Oceanwide. All other product names and company logos mentioned herein are trademarks of their respective owners. Neither these materials nor any portion thereof may be stored in a computer except as reasonably necessary for personal and non-commercial use.
3.2 License Grant - Individuals.
If you are an individual seeking employment, Oceanwide hereby grants you a limited, non-exclusive, revocable and non-transferable license to access and use the Web Site and the Service only for your personal, non-commercial use. You may download, view, copy, and print the material on the Web Site solely for such personal use. You agree that you are responsible for any Content you post on the Web Site. Oceanwide reserves the right to terminate your access or use of the Web Site and Service if Oceanwide determines, in its sole discretion, that you are in breach of this Agreement.
3.3 License Grant - Employers.
If you are an employer seeking candidates for employment that has purchased a subscription, Oceanwide hereby grants you a limited, non-exclusive, revocable and non-transferable license to access and use the Web Site, the Service and the Subscriber's Area only for your internal business use. You may download, view, copy, and print the material on the Web Site solely for such internal business use. You agree that you are responsible for any Content you post on the Web Site. Oceanwide reserves the right to terminate your access or use of the Web Site, Service and Subscriber's Area if Oceanwide determines, in its sole discretion, that you are in breach of this Agreement.
3.4 Restricted Use of the Site.
You agree to use the Web Site, Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from your use of the Service. You may not interrupt or attempt to interrupt the operation of the Web Site or the Service, attempt to modify any posted material, or attempt to defeat or circumvent our security features in any way.
3.5 Your Submission of Resumes and Messages.
You hereby grant to Oceanwide a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages, job descriptions, and/or resumes posted by you on the Web Site, Service and/or any e-mail or other materials or information sent by you to Oceanwide (in whole or in part) and to incorporate any such materials, information, messages or e-mails in any form, media or technology now known or later developed. You additionally grant Oceanwide a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to disclose your resume, including any personally identifying information contained therein, to potential employers.
3.6 Public messages.
Any and all electronic forums made available to users of the Service are the sole property of Oceanwide and are not a public forum. You understand and acknowledge that all information, data, software, music, sound, photographs, graphics, video, messages or other materials posted by any person or entity other than Oceanwide, including individual resumes and job descriptions ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You are solely responsible for and assume any and all liability for all Content that you upload, post, email or otherwise transmit via the Service. Oceanwide assumes no liability for any such Content. You agree not to use the Service to:
- upload, post, email or otherwise transmit any Content that is offensive, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful, or is racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, an official or representative of Oceanwide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, e-mail or otherwise transmit any material that contains restricted or password only access pages or hidden images or pages;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- harass, incites harassment or advocates harassment of another; or
solicit, collect or store passwords or personally identifying information, other than resumes of prospective employees or contractors, about other users.
You acknowledge and agree that Oceanwide may, but does not have the obligation to, screen or monitor Content, and that Oceanwide and its designees shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Oceanwide and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that Oceanwide may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Oceanwide, its users, or the public.
Without the prior written consent of Oceanwide, you may not use any of Oceanwide's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may link only to the home page of MaritimeEmployment.com unless otherwise agreed to in writing by Oceanwide. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Oceanwide; 2) cause confusion, mistake, or deception; 3) dilute Oceanwide's trademarks or service marks; or 4) otherwise violate state or federal law.
4. ACCESS AND DELAYS IN SERVICES.
Oceanwide shall have no responsibility to provide you access to the Web Site. Further, Oceanwide its licensors or Advertisers shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
5. MONITORING OF SITE.
You acknowledge that Oceanwide reserves the right to, and may from time to time, monitor any and all Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring.
6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.
6.1 General Disclaimer and Limited Warranty.
You acknowledge that certain aspects of the Information and/or links provided through the Web Site are compiled from sources that are beyond the control of Oceanwide. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Oceanwide and its licensors and Advertisers do not warrant the accuracy or suitability of such Information. Neither Oceanwide nor its licensors or Advertisers represent or endorse the accuracy or reliability of the Information distributed through the Service. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITE AND SERVICE ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITH ALL FAULTS. OCEANWIDE AND ITS LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, CORRECTNESS OR USEFULNESS OR ANY INFOMRATION PROVIDED ON THE WEBSITE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, OCEANWIDE AND ITS LICENSORS AND ADVERTISERS NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS.
You assume all risk of errors and/or omissions in the Web Site, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site, including the Information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.
6.3 Viruses. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD OCEANWIDE HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.4 YOU AGREE THAT OCEANWIDE AND ITS LICENSORS AND ADVERTISERS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND OR WEB SITE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO OCEANWIDE BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF OCEANWIDE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE.
7. INDEMNIFICATION. YOU SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS OCEANWIDE AND ITS LICENSORS AND ADVERTISERS FROM AND AGAINST ALL LOSS, DAMAGES, CLAIMS, DEMANDS, FINES, PENALTIES AND CAUSES OF ACTIONS OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, REASONABLE ATTORNEYS' FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY PERSONS OR ENTITIES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR ACCESS AND USE OF THE WEB SITE OR SERVICE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE OR SERVICE. THE RELEASE, DEFENSE AND INDEMNITY OBLIGATIONS CONTAINED IN THIS SECTION 7 SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO OCEANWIDE.
9. UNSOLICITED E-MAIL AND DIRECT MARKETING.
9.1 Unsolicited e-mail.
Oceanwide supports responsible e-commerce. Oceanwide does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail ("SPAM").
9.2 Reporting SPAM.
Users who receive SPAM or any threatening or offensive e-mail may report it to Oceanwide by forwarding the unedited message with the full message header to firstname.lastname@example.org
or call 281-987-9600
9.3 Reservation of Rights.
Oceanwide reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Oceanwide to be objectionable in its sole discretion. Oceanwide reserves the right to suspend or terminate any person or entity's use of or access to the Web Site or Service if it determines in its sole and absolute discretion that such person has used or intends to use the Web Site or Service in violation of this policy. A failure of Oceanwide to exercise any right provided for herein shall not be deemed to be a waiver of such right.
10. NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIM.
Oceanwide, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Web Site or Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Oceanwide accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Oceanwide implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Oceanwide designated agent to receive notification of claimed infringement is:
Oceanwide Houston, Inc.
14950 Heathrow Forest Pkwy, Ste #540
Houston, Texas 77032
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the Oceanwide designated agent, listed above, and must include the following information:
a. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
c. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
11.1 Governing Law; Limitations; Venue.
The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Web Site or Service as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may EXCLUSIVELY be brought in the state or federal courts located in Houston, Harris County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Harris County, Texas are an inconvenient forum.
11.2 Attorney's Fees.
If Oceanwide takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Oceanwide is entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Oceanwide. Any assignment other than as provided for in this Section 11.3 shall be null and void.
Whenever possible, each provision of this Agreement will be interpreted in such manner to be effective and valid under applicable law, but if any provision of this Agreement is prohibited or invalid under applicable law, such provision will be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.
11.5 U.S. Government Restricted Rights.
The materials on the Web Site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Oceanwide's proprietary rights in them.
Oceanwide may terminate or suspend your use of the Web Site for any reason. Termination or cancellation of your use of the Web Site shall not effect any right or relief to which Oceanwide may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Oceanwide.
The provisions contained in Sections 6, 7 and 11 shall survive any termination or expiration of this Agreement.
Official correspondence must be sent via postal mail to:
Oceanwide Houston, Inc.
14950 Heathrow Forest Pkwy, Ste #540
Houston, Texas 77032
11.8 Entire Agreement.
This Agreement is complete and effective at the time you access or use the Website or the Service. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Oceanwide.