Terms of Services
EFFECTIVE DATE: NOVEMBER 22, 2023
1. Introduction.
Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Site and the Services (as each are defined below) provided by Virtual Days. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site or the Services. These Terms and Conditions are effective as of 1 sept 2023.
2. Binding Agreement.
These Terms and Conditions (as they may be amended from time to time) form a binding agreement (the “Agreement”) between you and Virtual Days. Your access to or use of this Site or the Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
If you are a Job Seeker using the Site, any terms in these Terms and Conditions that are expressed to apply solely to Employers do not apply to you. If you are an Employer using the Site, you may have also entered into a Service Agreement and/or Order Form with Virtual Days, in which case these Terms and Conditions, but excluding any terms that are expressed to apply solely to Job Seekers, are part of and incorporated into that Service Agreement and/or Order Form.
3. Certain Definitions.
The following definitions apply to this Agreement:
3.1 “Content “includes all Text, Graphics, Design and Programming used on the Site.
3.2 “Design “includes the colour combinations and the page layout of the Site.
3.3 “Document” refers to any posting to a Site, whether job or resume.
3.4 “Employer” means a person or entity that is accessing a Site to post a job or utilising the Services for any reason related to the purpose of seeking candidates for employment.
3.5 “Employer Materials” includes any brochures, emails, sample job postings, website content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.6 “Graphics “includes all logos, buttons, and other graphical elements on the Site, except for paid advertising banners.
3.7 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.8 “Virtual Days” means Virtual Days AB, a company duly registered under the laws of Sweden holding company registration number 559312-2053, (vat SE 559312205301), having registered address at Jungfrugatan 6, SE-114 44 Stockholm, Sweden.
3.9 “Materials” includes any materials, methodologies, implementation plans, or other intellectual property used during the provision of Services.
3.10 “Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
3.11 “Services “means any services provided by Virtual Days or its agents, including, with respect to Job Seekers, the services described in paragraph 4.1 below, and with respect to Employers, and the services specified more fully in the Service Agreement and/or Order Form with each such Employer.
3.12 “Site” means this web site, including its Content, Text, Graphics, Design, Programming, Virtual Days Materials and Services.
3.13 “Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
3.14 “User” refers to any individual or entity that uses any aspect of the Site.
3.15 “You” means the person (or the entity on behalf of whom you are acting) who is agreeing to these Terms and Conditions.
4. Job Seeker Services
4.1 Registered Job Seeker Services.
All Users can search and browse the job postings listed on the Site. When you register on this Site and create an account you will also: (a) automatically receive job alert (also known as job recommendation)emails based on your CV contents and job search and application submission history on the Site; (b) have the ability to apply to job postings on the Site; (c) have the ability to save your CV in your account, enabling youth edit or update your CV from your account and apply to job postings on the Site without the need to create or upload your CV anew for each application; and (d) have the ability to make your CV visible and searchable in our CV database, giving you the most visibility to the broadest recruiter audience possible on this Site.
4.2 Unregistered Job Seeker Services.
All Users can search and browse the job postings listed on the Site. Job Seekers not registered on the
Site can also sign up to receive job alert (also known as job recommendation) emails.
5. Intellectual Property Rights and Acceptable Use of the Site and Services
5.1 General Use Rules.
The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Site only for lawful purposes within the stated context of Virtual Days intended and acceptable use of the Site. Virtual Days is the sole interpreter of the Site’s intended and acceptable use.
5.2 Virtual Days Intellectual Property Rights.
The Site and the Virtual Days Materials and all right, title and interest in and to the Site and the Virtual Days Materials are the sole property of Virtual Days or its licensors, and are protected by copyright, trademark and other laws. The Virtual Days Materials are licensed and are not sold. Except for the limited licences expressly granted in this Agreement, Virtual Days reserves for itself and its licensors all other rights, title and interest. Any code that Virtual Days creates to generate or display the Content or the pages making up the Site is also protected by Virtual Days copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content on any authorized copy that You may make of the Content. All other product and service marks contained on the Site are the trademarks of their respective owners.
5.3 Licence to Use by Users who are Job Seekers.
Subject to the terms and conditions herein, Virtual Days hereby grants you a limited, terminable, non-exclusive, non-transferable licence during the term of this Agreement to (a) access and use the Site and theVirtual Days Materials only for your personal use seeking employment opportunities for yourself and (b) download, store, print, and display the Virtual Days Materials only as reasonably necessary for You to use the Services (collectively, 5.3(a) and 5.3(b) are the “Job Seeker Intended Purpose”). You may use the Site and the Virtual Days Materials subject to the licensing language in this clause 5.3 and only for the Job Seeker Intended Purpose. Virtual Days is the sole interpreter of the Job Seeker Intended
Purpose for the Virtual Days Materials. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Virtual Days reserves the right to suspend or terminate your access and use at any time if Virtual Days determines that you are in breach of these Terms and Conditions.
5.4 Licence to Use by Users who are Employers.
Subject to the terms and conditions herein, Virtual Days hereby grants you a limited, terminable, non-exclusive, non-transferable licence during the term of this Agreement to (a) access and use the Site and the Virtual Days Materials solely for your recruiting and talent
management needs, and (b) download, store, print, and display the Virtual Days Materials only as reasonably necessary for the Employer to use the Services (collectively, 5.4(a) and 5.4(b) are the “Employer Intended Purpose”). Employers may use the Virtual Days Materials subject to the licensing language in this clause 5.4 and only for the Employer Intended Purpose. Virtual Days is the sole interpreter of the Intended Purpose for the Virtual Days Materials. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Virtual Days reserves the right to suspend or terminate your access and use at any time if Virtual Days determines that you are in breach of these Terms and Conditions.
5.5 Restrictions on Use.
You may not sell, transfer, distribute, sublicense or assign any of the Site or the Virtual Days Materials or your rights to any of the Site or the Virtual Days Materials to any third party, or use them in any other way for public or commercial purpose. You may not alter, reverse engineer, decompile, disassemble or attempt to derive source code from the Site or the Virtual Days Materials. You will not use or access the Site or the Virtual Days Materials to: (a) build a competitive product or service, (b) make or have made a product or service with similar features, functions, text, graphics or
other content, (c) make derivative works based upon the Site or the Virtual Days Materials, (d) copy any features, functions, text, or graphics of the Site or the Virtual Days Materials, or (e) provide services to others except as specifically authorized in this Agreement. Notwithstanding anything to the contrary contained herein, this prohibition includes: (x) copying or adapting the HTML code used to generate web pages on the Sites; (y) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Site other than the search engine and search agents available from Virtual Days on the Site and other than generally available third party web browsers (e.g Internet Explorer, Firefox, Safari); and (z) aggregating, copying or duplicating in any manner any of the Site or the Virtual Days Materials, without the express written consent of Virtual Days. The use of the Virtual Days Materials on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Virtual Days Materials are not considered to be works for hire and You may duplicate such Virtual Days Materials only for the purposes outlined in this Agreement.
5.6 Acceptable Use of the Virtual Days Materials.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for You or logging into a server or account which You are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message; (v) altering transmission data without consent; (vi) harvesting e-mail or other electronic
addresses through automated means without consent; or (iv) taking any other action that is inconsistent with this Agreement, misleading or incomplete, or in violation of any applicable law, statute, code, rule, or regulation. Employer is specifically prohibited from using the Services to send unsolicited email or other electronic communications, including by way of sending electronic messages that offer, advertise, market or promote a product or service; or, at Virtual Days sole discretion, are excessive in frequency or are irrelevant to a particular Job Seeker. You warrant and agree that you will not use (or plan, encourage or help others to use) the Site or the Virtual Days Materials for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is Your responsibility to ensure that Your use of the Site and the Virtual Days Materials complies with this Agreement and all applicable laws.
5.7 Employer Materials.
Employer hereby grants Virtual Days a non-exclusive licence to use, copy, modify, store, transmit and display Employer Materials solely to the extent reasonably required to provide and maintain the Services for Employer’s use. Employer warrants and agrees that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employers will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Employer Materials.
5.8 Use of Aggregate Data.
You understand and agree that Virtual Days may collect, extract, compile, synthesise, and analyse Aggregate Data. Virtual Days may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as
relating to any identifiable individual. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ demographic, educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).
5.9 Suggestions.
You hereby grant to Virtual Days a non-exclusive, perpetual and irrevocable licence to use any suggestions, recommendations or other feedback regarding the Services provided by You to Virtual Days in any manner and for any purposes whatsoever without compensation of any kind.
6. Warranties, Warranty Disclaimers and Limitations on Virtual Days Liability
6.1 Warranties.
Each party represents and warrants that it has the legal power and authority to enter into the Agreement. You warrant that (a) you have neither falsely identified itself nor provided any false information to gain access to the Services, (b) your billing information, if applicable, is and at all times will be correct, and (c) you will use the Services in accordance with all laws that apply to you.
6.2 Disclaimers.
(a) The warranties expressly stated in this section are the sole and exclusive warranties offered by Virtual Days. The Virtual Days Content, Site and Services are provided on an ‘as is’ basis without any warranties of any kind, express or implied. Virtual Days, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of satisfactory quality, title, description, and fitness for particular purpose.
Virtual Days makes no warranties about the accuracy, reliability, completeness, or timeliness of the Virtual Days Content, Sites or Services.
(b) Without limitation on the foregoing, to the extent permitted by law:
(i) Virtual Days does not warrant that the Site or Services will operate error-free or that the Site or Services are free of computer viruses or other harmful mechanisms. If Your use of the Site or Services results directly or indirectly in the need for servicing or replacing equipment or data, Virtual Days is not responsible for those costs.
(ii) Virtual Days assumes no responsibility and makes no representations, warranties or guarantees regarding (a) the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Documents posted by Job Seekers or Employers, or of any other form of communication engaged in by or between Employers and Job Seekers or Users and other third parties; or (b) the activities, omissions or other conduct of Users or of any third-party operated system. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted on the Site, or on any other form of communication with Users or other third parties, will be at Your own risk.
(iv) Virtual Days does not warrant that the Services will meet Your employment objectives or that the Services will result in Job Seekers being hired, positions being filled, or employees being retained. Virtual Days is not responsible and shall have no liability for any business, employment, hiring and/or salary decisions, for whatever reason made, made by Employers.
(iv) Virtual Days does not warrant that the Services will meet Your employment objectives or that the Services will result in Job Seekers being hired, positions being filled, or employees being retained. Virtual Days is not responsible and shall have no
liability for any business, employment, hiring and/or salary decisions, for whatever reason made, made by Employers.
6.3 Limitation of Liability
(a) Nothing in this Agreement will limit or exclude Virtual Days (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) liability for (a)
death or personal injury resulting from its negligence, or the negligence of its employees, agents or subcontractors; or (b) fraud, fraudulent misstatement or fraudulent misrepresentation.
(b) Subject to clause 6.3 (a):
(i) Virtual Days or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) will in no circumstances whatever be liable to You whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any; (A) loss arising from or in connection with loss of revenues, profits, contracts or business or failure to realise anticipated savings; (B) any loss of goodwill or reputation; or (C) indirect or consequential, losses suffered or incurred by You arising under or in connection with this Agreement; and
(ii) Virtual Days (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) total liability to You in respect of all loss arising under or in connection with this Agreement whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstances (and including any indemnities given by Virtual Days under this Agreement) exceed (A) in the case of Job Seekers 2,000 SEK or (B) in the case of Employers, the amount of the payments paid by Employer to Virtual Days under this Agreement in the twelve months prior to the event giving rise to such liability.
(c) Due to the nature of this Agreement, in addition to monetary damages, you agree that Virtual Days will be entitled to seek equitable relief upon a breach of this Agreement by You.
7. Indemnification
You will, at your sole expense, defend, indemnify, and hold harmless Virtual Days and its affiliates, successors and assigns (collectively, the “Virtual Days Indemnified Parties”) from and against any and all damages, losses, costs and expenses (including any reasonable attorney’s fees and expenses), which the Virtual Days Indemnified Parties pay to third parties in connection with any claim, suit, action, or proceeding brought against a Virtual Days Indemnified Party to the extent arising out of (a) any Users’ use of or inability to use the Services, (b) any hiring or employment-related claims arising from or in connection with Your use of the Services or any third-party services or (c) an allegation that the Employer Materials or any other content, data or information supplied by Employer, or the use thereof in accordance with this Agreement, infringes the copyright, patent right, or trademark right, or misappropriated the trade secrets, of a third party.
8. Links to Other Sites
Virtual Days website contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Virtual Days of the contents on such third-party web sites. Virtual Days 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.
9. Amendments to this Agreement and Changes to Site
Virtual Days may revise these Terms and Conditions from time to time. Changes will be binding on you on the date they are posted on the Site or as otherwise stated in any notice of such changes. Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions contained on the Site. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by Virtual
Days unless Virtual Days agrees to them in a signed writing specifically including those new or different terms.
10. User Information and Privacy Policy
All User Information will be used in accordance with the terms of Virtual Days Privacy Policy. Please note, as set forth in the Privacy Policy, that Virtual Days may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Virtual Days reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
11. General
11.1 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the law of Sweden. Each of the parties to this Agreement irrevocably agrees that the courts of Sweden shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Sweden.
11.2 The sole relationship between You and Virtual Days is that of independent contractors. Virtual Days shall not be liable for any delay or failure to perform due to causes beyond its reasonable control. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not
affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. Clauses 5.2, 5.5, 5.6, 5.8, 5.9, and 6 through 13 shall survive termination of this Agreement. Neither Employer nor Job Seeker may assign or transfer its obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. The Agreement constitutes the entire agreement between You and Virtual Days regarding Your use of the Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
11.3 Except insofar as this Agreement expressly provides that a third party may in his own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
12. Rules regarding Posting, Conduct and Security
The following rules apply to your use of the Site and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
12.1 Posting Rules
(a) You may not post any Document to the Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company website (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriate any other intellectual property
rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not (i) use a Document(s) to impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that Virtual Days may allow posting of certain training and business opportunities (see 12.1 (e) below).
(c) Employer Documents must contain enough detail to convey clearly to a Job Seeker the nature and requirements of the job opportunity. Job Seeker Documents must contain enough detail to convey clearly to an Employer Your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.
(d) You may not advertise multiple job openings in a single posting.
(e) In limited circumstances, at Virtual Days sole discretion, Virtual Days allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Site. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Virtual Days reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Virtual Days deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(f) CV postings must contain the accurate CV of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(g) Virtual Days is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Virtual Days sole discretion.
12.2 Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your Virtual Days account and any related Services accessed through such an account are to be accessed and used solely by you. Upon your successful registration for a Virtual Days account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Virtual Days account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s). You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Virtual Days immediately of any unauthorised use of your account or password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time Virtual Days comes to the understanding that you: (i) misled Virtual Days regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Virtual Days reserves the right to terminate your Agreement.
12.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability.Virtual Days 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.
13. Copyright Complaints
13.1 Virtual Days respect the intellectual property of others. It is Virtual Days policy to respond to claims of copyright and other intellectual property infringement. Virtual Days will promptly process and investigate notices of alleged infringement and will take appropriate actions under all applicable intellectual property laws. Upon receipt of such notices, Virtual Days may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity
and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Virtual Days will terminate access for Users who are repeat infringers.
13.2 Notifying Virtual Days of Copyright Infringement: To provide Virtual Days notice of an infringement, you must provide a written communication to the attention of “Trust and Site Security” care of info@virtualdays.com that sets forth the information. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
13.3 Providing Virtual Days with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Virtual Days with a counter notification by written communication to the attention of “Trust and Site Security” at info@virtualdays.com that sets forth all the necessary information required. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice from an attorney.
Please note that Sections 14 and 15 below contain terms and conditions that apply to specific Services (CV Database and Recruitment Analytics) and they are part of this Agreement if You are an Employer purchasing or using any of those specific Services.
14. Additional Terms in Connection with Use of CV Database
If, in your Service Agreement or Order Form with Virtual Days, you are purchasing CV Database access, the following additional terms apply to you:
14.1 Virtual Days grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the CV Resume Database via the Site for the purpose of viewing and/or downloading a single copy of available paper and/or video CVs (collectively “CVs”) solely for your use.
14.2 The CV Database is to be accessed and used solely by those Users whom you authorise to access the CV Database through your account (each an “Authorized CVDB User”). Each Authorized CVDB User will be issued a unique CV Database Seat (a “Seat”) through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorized CVDB User and Authorized CVDB Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or with any other third parties.
14.3 Authorized CVDB Users may download, one at a time, up to either 50 Resumes per day (per Seat) or 3000 Resumes per month (per Seat) depending on the Resume Database product purchased by you in accordance with the terms of your Agreement. Please note that the term “download” shall include: (i) viewing or clicking on a CV page; (ii) saving a CV to a folder; (iii) printing a CV; (iv) copying a CV; (v) emailing or forwarding a CV; and/or (vi) any other action that results or could result in your use of a CV or any of the information contained therein.
14.4 Neither you nor your Authorized CVDB Users may use the CV Database in any way which, in Virtual Days sole judgement, adversely affects Virtual Days business, business prospects, the performance or function of the Site or the CV Database, or interferes with the ability, of other subscribers to access the CV Database. Further, use of the CV Database by you or by your Authorized CVDB Users may not interfere or violate, in any manner, the privacy election of Virtual Days Job Seekers. You understand and agree that any violation of section 16 will give Virtual Days the right to immediately terminate any and all access to the CVDB and to terminate any corresponding Agreements.
14.5 You and your Authorized CVDB Users may use your subscription to the CV Database only for seeking candidates for employment and are specifically prohibited from using information contained in the CV Database to (i) sell or promote any products or services, (ii) send emails that, in Virtual Days sole judgement, are excessive in frequency or are irrelevant to a particular Job Seeker or (iii) take any other action that is, in Virtual Days sole judgement, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any applicable law, statute, code, rule, or regulation.
14.6 Virtual Days may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the CV Database at any time. By permitting access to the Virtual DaysCV Database, Virtual Days does not convey any interest in or to the CV Database or any other Virtual Days property or Services. All right, title and interest in and to the CV Database is and shall remain in Virtual Days.
15. Additional Terms in Connection with Use of Recruitment Analytics Services
If, in your Service Agreement or Order Form with Virtual Days, you are purchasing any of our Recruitment Analytics Services, the following additional terms apply to you:
15.1 Use of Reports. Virtual Days hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and licence to: (a) store and use any Recruitment Analytics Services for your internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Recruitment Analytics Services (each a “Report”), subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or
trademark notices, or any other notices or disclaimers set forth in any Report without Virtual Days prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in the same, without the express written consent of Virtual Days.
15.2 Use of Your Data.
If you have purchased Recruitment Analytics Services, then you may provide Virtual Days with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files (“Job Seeker Data”). You hereby grant Virtual Days a non-exclusive licence to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Employer’s use. Notwithstanding the foregoing, you grant Virtual Days the right to derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 5.8.
