Terms of use for Liquid CV Online Service

For use of Liquid CV online services

Acceptance of terms

Liquid CV, LTD Incorporated ("Liquid CV") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by Liquid CV and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Liquid CV may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

Liquid CV reserves the right to change the Terms of Use posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed and deleted.

Website

This Site and the Materials are protected under U.K., U.S., European and other copyright laws, and are the exclusive property of Liquid CV. You agree to include all copyright, trademark, service-mark and other proprietary notices contained in this Site in any copy you make of the "Content" (as defined below).

Published Standards and Liquid CV's Compliance

Liquid CV implements publicly available standards, such as the HR-XML standard for resumes (CVs), which is published by the HR-XML consortium.

Liquid CV makes reasonable efforts to ensure compliance with open XML standards. However, Liquid CV does not guarantee compliance with such standards unless otherwise specifically stated in the Terms of Use. Lack of compliance could result from, among other things, logical errors in programming, necessity to meet Users' business needs, XML extensions to improve the overall Services, or changes in standards for which Liquid CV has not yet modified its Services.

Liquid CV may stop utilising the HR-XML standard or other standards and technology if Liquid CV determines that such standard or technology is not in its interest or in the interests of Liquid CV's Users.

Liquid CV does not claim to represent the HR-XML consortium or any other organisation that produces technology or standards used by Liquid CV, unless otherwise specifically stated within the Content or Terms of Use.

Partners or Associated Companies and Organisations

Various companies may choose to use Liquid CV Services, including the potential browsing of the User community (as permitted by the Users either explicitly, or under terms stated in these Terms of Use, or under additional terms of use within specific parts of the Website), and the use of web technology or software which interoperates with Liquid CV XML-based CVs or other data about Users held by Liquid CV. Liquid CV makes no representation in respect of the financial status, legal liability, business intentions, general quality, or other characteristics of such companies.

The Liquid CV Site may contain links to other websites, and other websites may have links to the Liquid CV Site. Liquid CV does not make any claim or representation whatever about such websites or the companies or organisations that may own or operate them, and does not guarantee that such sites are secure and reliable. Liquid CV has no control over other websites with which Liquid CV's Site is or may be linked.

Liquid CV accepts no responsibility for the actions of companies referenced in any way on the Website, nor Users' interactions or business transactions with such companies. Liquid CV does not make any representation in respect of the financial status, legal liability, business intentions, general quality, or other characteristics of such companies.

Additional Terms of Use

Specific services or parts of the Website may include additional terms of service, as set forth therein. Users who use such services or access such parts of the Website agree to comply with such additional terms of use which are incorporated herein by reference and made a part of the Terms of Use.

Types of Users

The Term "User" means any person who uses the Site. There are four types of Users, including:

• "Candidates," who use the Site primarily for the purposes of housing their CV and transforming it into various formats. Candidates may include job seekers.
• "Colleagues," who use the site primarily to provide commentary about the trustworthiness and references of Candidates, or who have been invited by a Candidate to view the Candidate's professional information. Colleagues may include former or current colleagues of job seekers. Colleagues need not be currently looking for a job, and are not obliged to enter their own CV details into the Site.
• "Employers," who use the site primarily to browse the CVs, references and trust ratings of Candidates and Colleagues. Employers may include hiring companies or recruiting agencies.
• "Networkers," who may use the site to transform and send their CV, but are primarily engaged in meeting and networking with other Users on the Site.

Types of Content

The term "Content" means any information available on the Site or through the Site. There are three types of Content, including:

• "General Content," which includes any information on the Site that is not specific to any User.
• "User Content," which includes information submitted by a User. For Candidates, this includes professional information that comprises a CV, as well as various formats of the CV that the Site generates. For Colleagues, User Content includes references, ratings and comments that the Colleague may submit pertaining to a Candidates. User Content may also include references, ratings and comments submitted by a Candidate that pertain to another Candidate.
• "Modified User Content," which includes User Content that may have been formatted, summarised, aggregated or otherwise changed and used by Liquid CV for business purposes.

Intellectual property; limited license to users

The Materials and Services on this Site, as well as their selection and arrangement, are protected by various intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Liquid CV and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services

When using Services on this Site that are offered by Liquid CV, you are subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Materials and Services offered by Liquid CV, this Site may make available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). Such Third-Party Services are governed by separate license agreements that accompany such services. Liquid CV offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by Liquid CV. You agree that you will not hold Liquid CV responsible or liable with respect to the Third-Party Services or seek to do so.

Use of software

Any software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of Liquid CV and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of Liquid CV General Content

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Liquid CV General Content on this Site subject to the following conditions:

1. The General Content may be used solely for personal, informational, and internal purposes.
2. The General Content may not be modified or altered in any way.
3. The General Content may not be distributed or sold, rented, leased, or licensed to others.
4. No copyright or other proprietary notices contained in the General Content may be removed.
5. The rights granted to you constitute a license and not a transfer of title.
6. Liquid CV reserves the right to revoke the authorization to view, download, and print the General Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Liquid CV.

Use of Liquid CV User Content

Except as otherwise provided elsewhere on this Site, you may view, download, and print the Liquid CV User Content on this Site subject to the following conditions:

1. User Content may be modified, downloaded and / or distributed by the User who submitted the User Content. However, downloading may be done only through facilities provided by the Site's Services. This includes download capabilities for a User's CV in text, XML or HTML format.
2. User Content that refers to another User, such as a trust rating, reference, or CV review for that User, may be downloaded and / or distributed by the User to whom the User Content refers.
3. You may not remove any copyright or other proprietary notices contained in the User Content.
4. The rights granted to you constitute a license and not a transfer of title.
5. Liquid CV reserves the right to revoke the authorization to view, download, and modify the User Content available on this Site at any time, and use of the Site shall be discontinued immediately upon notice from Liquid CV.

Important exceptions

The rights specified above to view, download, and print the Liquid CV Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark information

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Liquid CV or other third parties. You are not permitted to use the Marks without the prior written consent of Liquid CV or such third party that may own the Marks. Liquid CV and the Liquid CV logo are trademarks of Liquid CV, LTD Incorporated.

License to Liquid CV for User Content

Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant Liquid CV one of the following types of licenses:

1. For User Content that is the result of your creative efforts and that is intended to be displayed on the Site, such as examples of work you have done using Liquid CV products, you grant Liquid CV a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Liquid CV the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. In addition, you grant Liquid CV the right to format, summarise, aggregate, analyse and modify User Content.
2. For User Content such as comments to Liquid CV regarding bug reports, piracy reports, or product or service suggestions, you grant Liquid CV and the Users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that Liquid CV is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of Liquid CV or others.

Prohibited communications

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libellous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

User conduct

In using the Site, including all Services and Materials available through it, you agree:

• not to disrupt or interfere with any other User's enjoyment of the Site or affiliated or linked sites;
• not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
• not to create a false identity;
• not to use or attempt to use another's account, password, service, or system without authorization from Liquid CV;
• not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Use of Network and Community Oriented Features

You agree that when utilising networking-oriented features in the Liquid CV Website, such as reviewing other Users' CVs, making statements about their trustworthiness, or making statements or references regarding other Users, you will not make false statements in matters of fact. For instance, you will not state that you have worked with somebody when you have not.

You acknowledge that by allowing other Users to similarly review your CV and account details, make statements about your trustworthiness, or provide references and statements, you are surrendering your right to hold other Users liable for libellous, injurious or offensive behaviour for any information they submit while using these business-networking features.

You agree that when utilising community features such as user forums, blogs, or messaging functions available on the site, you will not make false statements, and will abide by the rules of User conduct defined in these Terms of Use.

You acknowledge that the use of networking-oriented features carries a degree of risk, as it is a social endeavour involving free expression and because you are allowing others to make public statements about you.

Managing content and communications

Although it is not our intention to do so, Liquid CV reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time, without prior notice, and for any reason, including without limitation, our good faith belief that you have violated the Terms of Use.

Liquid CV may, but is not obligated to, monitor or review any areas on the Site where Users transmit or post User Content, including but not limited to areas where Services are available including facilities to submit references and trust ratings.

As part of operations, Liquid CV retains the right to modify User account information and submitted information for whatever purposes deemed necessary by Liquid CV. By submitting information or establishing an account, you agree to give Liquid CV a non-exclusive license to modify or administer such information for commercial and operational purposes, and to provide Services.

You agree that, to the maximum extent permitted by law, Liquid CV will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You further agree that Liquid CV will have no liability with respect to the misuse, loss, modification, or unavailability of any User Content.

Use and protection of account number and password

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damage or injury resulting from all uses of your account number, account name, and/or password, whether or not actually or expressly authorized by you.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND LIQUID CV OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIQUID CV MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. LIQUID CV MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND LIQUID CV MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) LIQUID CV DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) LIQUID CV MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) LIQUID CV SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM SUCH ACTIVITIES. LIQUID CV ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIQUID CV OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

International users

This Site may be accessed from countries around the world and may contain references to Liquid CV products, services, and programs that are not available in your country. These references do not imply that Liquid CV intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by Liquid CV from its offices within the United Kingdom. Liquid CV makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United Kingdom, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.

International Transfer and Movement of Information

Liquid CV utilises Internet-based technology in order to provide its Services. Therefore, User information and other forms of Content on the Website may be transferred internationally as a part of daily operations. This includes transferral of information to countries outside of the United Kingdom, the European Union, and the United States. You agree that Liquid CV has the right to make such transferrals of information to the extent that, and to such locations as, Liquid CV, in its sole discretion, determines.

Personal information and privacy
To learn about how Liquid CV protects your personal information, such as your name and address, refer to the Liquid CV Online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. Unless otherwise specified by the User at the time of submission to Liquid CV, any information or material sent to Liquid CV will be deemed to be NOT confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Liquid CV or others, or as stated in our Privacy Policy. Please be aware that your browser may need to be enabled to accept cookies in order for you to use the Liquid CV Site.

LIMITATION OF LIABILITY
IN NO EVENT, SHALL LIQUID CV, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT LIQUID CV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED IN OR LINKED TO THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity and liability

You agree to indemnify and hold Liquid CV and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, professional information or computer viruses), your use of the Site, your submission of User references or request for User references or any similar function, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing law and jurisdiction

Use of the Website or Services constitutes a legally binding agreement which shall be deemed to have been made in England in accordance with the Terms of Use and subject to governance in all respects by English law and English courts, including without limitation resolution of any dispute between you and Liquid CV regarding use of Services and the Website.

General

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Liquid CV and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Liquid CV to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.