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This page states the Terms of Use ("Terms") under which You (as defined below) may use www.MonsterBrasil.com.br ("MonsterBrasil" or Monster), an on-line service to post and search employment opportunities and User (as defined below) resumes. MonsterBrasil features an on-line community designed to facilitate valuable professional and personal networking among its Users based on common experiences and interests. MonsterBrasil also allows Users to create individual profiles, which may include personal information (Profiles), and to make these Profiles, or aspects thereof, public.
These Terms include the Monster Privacy Statement and the Premium Fee Policy, each of which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use MonsterBrasil and its services. By using MonsterBrasil, You agree to be bound by these Terms, including the Monster Privacy Statement, and, if applicable, the MonsterBrasil Premium Fee Policy.
Monster Worldwide ("Monster") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing MonsterBrasil for any reason. The term post as used herein shall mean information that You submit, publish or display on any Monster Site (as defined below).
1. Eligibility
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use MonsterBrasil in any manner. By visiting MonsterBrasil or accepting these Terms, You represent and warrant to Monster that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Monster that You will use MonsterBrasil in a manner consistent with any and all applicable laws and regulations.
2. Use of Monster Content
Monster authorizes You to view and access a single copy of the content available on or from MonsterBrasil solely for your personal use. The contents of MonsterBrasil, and of all other Web sites under Monster's control, whether partial or otherwise (MonsterBrasil and such other Web sites are sometimes collectively referred to as "Monster Sites") such as text, graphics, images, logos, button icons, software and other Monster content (collectively, "Monster Content"), are protected under both United States and foreign copyright, trademark and other laws. All Monster Content is the property of Monster or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Monster Sites is the exclusive property of Monster and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Monster Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Monster Content on any authorized copy You make of the Monster Content.
You agree not to sell or modify the Monster Content or reproduce, display, publicly perform, distribute, or otherwise use the Monster Content in any way for any public or commercial purpose, in connection with products or services that are not those of MonsterBrasil, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Monster or its licensors, that dilutes the strength of Monster's or its licensors property, or that otherwise infringes Monster's or its licensors intellectual property rights. You further agree to in no other way misuse Monster Content that appears on this Site. The use of the Monster Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Monster creates to generate or display any Monster Content or the pages making up any Monster Site is also protected by Monster's copyright and you may not copy or adapt such code.
3. Monster Site Restrictions
Users may not use any Monster Site in order to transmit, post, distribute, store or destroy material, including without limitation, Monster 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.
Users are also prohibited from violating or attempting to violate the security of any Monster Site, including without limitation, the following activities: (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 Monster Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) 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 and/or criminal liability. Monster 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.
4. Specific Prohibited Uses
The job posting, resume database (Monster Resume Database) and other features of MonsterBrasil may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
Monster does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us at the customer support links provided on our site.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Monster may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Monster has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information
When You register with any Monster Site, You will be asked to create a MonsterBrasil Account or other account and provide Monster with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Monster's Privacy Statement.
Monster 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 Monster or by third parties. Please see Monster's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms, Monster does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through MonsterBrasil or any other Monster Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your MonsterBrasil Account, and that if you cancel your MonsterBrasil Account, all your account information from Monster, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in Monster's databases and will be removed from any public area of the Monster Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Monsters web servers. In addition, third parties may retain cached copies of your Information.
6. User Content and Submissions
You are solely responsible for your MonsterBrasil Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any Monster Site or transmit to other Users. You agree that in submitting User Content or otherwise using any Monster Site that you will not impersonate any person, or submit any materials to Monster that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
By posting User Content to any public area of any Monster Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to Monster and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into 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) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant or 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. If you post User Content in any public area of any Monster Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Monster Site retains any and all rights that may exist in such User Content.
Monster acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Monster may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Monster Site. Monster reserves the right to expel Users and prevent their further access to the Monster Sites and/or use of Monster services for violating the Terms or applicable laws, rules or regulations. Monster may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Monster, damage Monsters brand or public image, or cause Monster to lose (in whole or in part) the services of its ISPs or other suppliers.
Monster does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other 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 following is a partial list of User Content that is prohibited on the Monster Sites. The list below is for illustration only and is not a complete list of all prohibited User Content. MonsterBrasil specifically prohibits content that: -
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
It is also a violation of the Terms, to include in any User Content submitted to Monster Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
In order to protect our Users from commercial advertising or solicitation, Monster reserves the right to restrict the number of e-mails which a User may send to other Users to a number which Monster deems appropriate in its sole discretion.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Monster may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Monster has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding our services and the Monster 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 Monster. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Monster 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.
7. Registration and Password
You are responsible for maintaining the confidentiality of your employer account, MonsterBrasil Account, Profile, passwords, and your Billing Account, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your MonsterBrasil registrations and passwords, whether or not authorized by You. You agree to immediately notify Monster of any unauthorized use of your employer account, MonsterBrasil Account, Profile, passwords or Plus or Premium Subscriber Billing Account, as the case may be.
8. Additional Terms Applicable to Plus and Premium Memberships
(a) Plus and Premium Memberships. Plus and Premium Member has paid for access to Advanced Networking features, along with an exclusive suite of products and content. The product offerings and pricing are subject to change at any time with or without notification to Premium members. A User can access all of the Plus and Premium features from his or her Monster Account homepage.
(b) Plus and Premium Products. Plus and Premium Premium products are only accessible to Plus and Premium Members. These products include, but are not limited to, Personalized URLs, Additional Web CVs, Bonus points, recruiter connections, third-party search engine indexing and professional advice. These product offerings are subject to change at any time with or without notification.
(c) Cancellation of Plus and Premium Memberships. A User will retain access to their Plus or Premium features provided that he or she continues to pay a monthly fee for this access. The User may terminate his or her membership as a Plus or Premium Member at any time, for any reason by using the online cancellation tool or clicking on the "Help" link and following the provided instructions. If you cancel your Plus or Premium account within 3 business days from date of purchase, Monster will provide a full refund. If however, you cancel your Plus or Premium account thereafter you will not be entitled to any refund of fees.
(d) Termination of Plus and Premium Memberships by Monster. If Monster terminates your Plus or Premium account membership because You have breached these Terms or Monster is unable to verify or authenticate information You have provided, You will not be entitled to any refund of fees paid.
9. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
Monster, Inc., and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, 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 MonsterBrasil, You agree not to use MonsterBrasil or any other Monster Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any MonsterBrasil Users, and block access to MonsterBrasil and/or the other Monster 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 User who is terminated or to the User whose access is blocked.
10. Monster's Liability
MonsterBrasil acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. Monster is not involved in the actual transaction between employers and candidates. As a result, Monster has no control over User Content, 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 and Monster makes no representations about any jobs, resumes or User Content on MonsterBrasil. Monster may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Monster, damage Monsters brand or public image, or cause Monster to lose (in whole or in part) the services of its ISPs or other suppliers. While Monster reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from MonsterBrasil from time to time, Monster does not assume any obligation to do so and disclaims any liability for failing to take any such action.
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 MonsterBrasil and/or the other Monster 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 MonsterBrasil and/or the other Monster Sites.
Because User authentication on the Internet is difficult, Monster 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 Monster Site, in the event that You have a dispute with one or more Users, You release Monster (and our agents and employees) from claims, demands and damages (actual and consequential and 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.
The Monster Sites and the Monster Content may contain inaccuracies or typographical errors. Monster makes no representations about the accuracy, reliability, completeness, or timeliness of any Monster Site or the Monster Content. The use of all Monster Sites and the Monster Content is at your own risk. Changes are periodically made to Monster 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 Monster Sites. Employers are solely responsible for their postings on Monster Sites. Monster is not to be considered to be an employer with respect to your use of any Monster Site and Monster shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Monster Site.
Monster cannot guarantee and does not promise any specific results from use of MonsterBrasil or any Monster Site. No advice or information, whether oral or written, obtained by a User from Monster or through or from MonsterBrasil or any other Monster Site shall create any warranty not expressly stated herein.
11. Disclaimer of Warranty
MONSTER DOES NOT WARRANT THAT ANY MONSTER SITE WILL OPERATE ERROR-FREE OR THAT ANY MONSTER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MONSTER SITE OR THE MONSTER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MONSTER IS NOT RESPONSIBLE FOR THOSE COSTS. THE MONSTER SITES AND MONSTER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MONSTER, 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. MONSTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MONSTER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
12. Disclaimer of Consequential Damages
IN NO EVENT SHALL MONSTER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MONSTER 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 MONSTER SITE AND THE MONSTER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MONSTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability
MONSTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MONSTER SITE OR YOUR USE OF THE MONSTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
14. Links to Other Sites
MonsterBrasil and certain other Monster Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster 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.
15. No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Monster Site.
16. Indemnity
You agree to defend, indemnify, and hold harmless Monster, its affiliates, and their respective 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 User Content or other material You provide to any Monster Site, (ii) your use of any Monster Content, or (iii) your breach of the terms of these Terms. Monster shall provide notice to You promptly of any such claim, suit, or proceeding.
17. Additional Terms
Certain areas of MonsterBrasil and the other Monster Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
18. Term and Termination
These Terms will remain in full force and effect while You are a User of MonsterBrasil at any level. Monster reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from MonsterBrasil and the other Monster Sites and immediate termination of your registration with or ability to access MonsterBrasil and the other Monster Sites and/or any other services provided to You by Monster, upon any breach by You of these Terms or if Monster is unable to verify or authenticate any information You submit to MonsterBrasil or pursuant to other Monster Site registration. Even after You are no longer a User of MonsterBrasil, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8(b), 10 through 18, inclusive.
These Terms constitute a binding agreement between You and Monster, and is accepted by You upon your use of the Monster Site. By clicking I agree you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
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