These Terms constitute a binding agreement between You and Marketing Network or Martin Wright Associates the company operating the Marketing Network web site, and are deemed accepted by You each time that You use or access the Marketing Network Site or Marketing Network Services. If You do not accept the Terms stated here, do not use the Marketing Network Site and the Marketing Network Services.
The Marketing Network Site also include tools such as the Talent Database, Company Showcase, on-line communities and communication tools designed to facilitate valuable professional and personal networking among users of the Marketing Network Site (“Users”). The Marketing Network Site also allow Users to create individual profiles, which may include personal information (“Profiles”), and to make these Profiles, or aspects thereof, public.
Marketing Network 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.
Users who violate these Terms may have their access and use of the Marketing Network Site suspended or terminated, at Marketing Network’s discretion.
You must be 16 years of age or older to visit or use any Marketing Network Site in any manner, and, if under the age of 18 must use any Marketing Network Site under the supervision of a parent, legal guardian, or other responsible adult.
You may not use the Marketing Network Content or Profiles to determine an individual or company’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.
1. Use of Marketing Network Content.
Marketing Network authorises You, subject to these Terms, to access and use the Marketing Network Site and the Marketing Network Content (as defined below) and to download and print the content available on or from the Marketing Network Site solely for Your personal, non-commercial use.
The contents of the Marketing Network Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Marketing Network content (collectively, “Marketing Network Content”), are protected under copyright, trademark and other laws. All Marketing Network Content is the property of Marketing Network or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Marketing Network Site is the exclusive property of Marketing Network and is protected by copyright, trademark, and other laws. Unauthorized use of the Marketing Network Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Marketing Network Content on any authorized copy You make of the Marketing Network Content.
Any code that Marketing Network creates to generate or display any Marketing Network Content or the pages making up any Marketing Network Site is also protected by Marketing Network’s copyright and You may not copy or adapt such code subject to applicable law.
You agree not to sell or modify the Marketing Network Content or reproduce, display, publicly perform, distribute, or otherwise use the Marketing Network Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Marketing Network Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Marketing Network or its licensors, that dilutes the strength of Marketing Network’s or its licensor’s property, or that otherwise infringes Marketing Network’s or its licensor’s intellectual property rights. You further agree to in no other way misuse Marketing Network Content. The use of the Marketing Network Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that Marketing Network creates to generate or display any Marketing Network Content or the pages making up any Application or Service is also protected by Marketing Network’s copyright and you may not copy or adapt such code.
2. Use of the Marketing Network Services.
The Talent database and other features of the Marketing Network Site may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, Marketing Network Company and individual Profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the Marketing Network Services is also subject to any other contracts You may have with Marketing Network. In the case of any conflict between these Terms and any contract you have with Marketing Network, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a Marketing Network Site
All Marketing Network Users agree to not:
- take any action that imposes an unreasonable or disproportionately large load on any Marketing Network Site’s infrastructure;
- use any device to navigate or search any Marketing Network Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Marketing Network;
- use any data mining, robots or similar data gathering or extraction methods;
- violate or attempt to violate the security of any Marketing Network Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- reverse engineer or decompile any parts of any Marketing Network Site;
- aggregate, copy or duplicate in any manner any of the Marketing Network Content or information available from any Marketing Network Site, including expired job postings, other than as permitted by these Terms;
- frame or link to any Marketing Network Content or information available from any Marketing Network Site, unless permitted by these Terms;
- post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- post any CV or Profile, or apply for any job on behalf of another party;
- defer any contact from an employer to any agent, agency, or other third party;
- set more than one copy of the same CV to visible at any one time;
- (n)share with a third party any login credentials to any Marketing Network Site;
- access data not intended for You or logging into a server or account which You are not authorized to access;
- post or submit to any Marketing Network Site any incomplete, false or inaccurate biographical information or information which is not Your own;
- post content that contains restricted or password-only access pages, or hidden pages or images;
- solicit passwords or personally identifiable information from other Users;
- delete or alter any material posted by any other person or entity;
- harass, incite harassment or advocate harassment of any group, company, or individual;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Marketing Network Site, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
- promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by 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;
- use the Marketing Network Services for any unlawful purpose or any illegal activity, or post or submit any content, CV, or job posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Marketing Network’s discretion; or
- post any CV which is not a genuine CV and which attempts to advertise or promote products or services.
- Violations of system or network security may result in civil and/or criminal liability. Marketing Network 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.
- You are responsible for maintaining the confidentiality of Your account, Profile and passwords, 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 Marketing Network Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Marketing Network of any unauthorized use of Your account, Profile, or passwords.
3. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Marketing Network Site (“User Content”) is the sole responsibility of the person from which such User Content originated. Marketing Network claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Marketing Network and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Marketing Network, you grant Marketing Network a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Marketing Network. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Marketing Network a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Marketing Network and its services. Marketing Network will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Marketing Network. Marketing Network reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
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 Marketing Network 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 Marketing Network Site retains any and all rights that may exist in such User Content. Marketing Network 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 Marketing Network Site. Marketing Network reserves the right to expel Users and prevent their further access to the Marketing Network Site and/or use of Marketing Network Services for violating the Terms or applicable laws, rules or regulations. Marketing Network 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 Marketing Network, damage Marketing Network’s brand or public image, or cause Marketing Network to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Marketing Network does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Marketing Network 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 Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
- 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, “spamming” or “phishing”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- 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.
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.
You may not include, in any User Content submitted to Marketing Network Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our Marketing Network Community Users from commercial advertising or solicitation, Marketing Network reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Marketing Network deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the Marketing Network Site. Marketing Network does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the Marketing Network Site. 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 Marketing Network or in the alternative, where Marketing Network cannot exclusively own all rights in the Submission, You hereby grant Marketing Network a royalty free irrevocable and perpetual license to use the Submission and Marketing Network shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person. 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.
4. Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Marketing Network Site and is accessible on such Marketing Network Site in a way that constitutes copyright or trademark infringement, please contact Marketing Network by email at firstname.lastname@example.org or by mail to:
C/O Customer Journey Consultancy Ltd
Bath BA1 5EB
5. Termination following Infringement of The Copyright Or Other Intellectual Property Rights Of Others.
Marketing Network respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorised 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 the Marketing Network Site, You agree not to use any Marketing Network Site to infringe the intellectual property rights of others in any way. Marketing Network reserves the right to terminate the accounts of any Users, and block access to the Marketing Network Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Marketing Network reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Marketing Network as set out in Section 6 above.
6. Marketing Network’s Liability.
The Marketing Network Site act as, among other things, venues for (i) employers search for and evaluate job candidates and (ii) candidates to post CVs and Profiles and search for and evaluate job opportunities. Marketing Network does not screen or censor the listings, including Profiles offered. Marketing Network is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Marketing Network is not responsible for User Content, the quality, safety or legality of the jobs or CVs 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 Marketing Network makes no representations about any jobs, CVs or User Content on the Marketing Network Site. While Marketing Network reserves the right in its sole discretion to remove User Content, job postings, CVs or other material from the Marketing Network Site from time to time, Marketing Network does not assume any obligation to do so and to the fullest extent permitted by law, disclaims any liability for failing to take any such action.
Marketing Network provides a venue for individuals to network for professional and personal purposes and Marketing Network does not screen or censor the Profiles or User Content on the Marketing Network Site. Marketing Network is not involved in the actual communications between Users. As a result, Marketing Network has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Marketing Network Site and makes no representations about any Profile or User Content on the Marketing Network Site.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom You come in contact through the Marketing Network Site. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that You will use caution and common sense when using the Marketing Network Site.
Because User authentication on the Internet is difficult, Marketing Network 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 behaviour of participants on any Marketing Network Site, in the event that You have a dispute with one or more Users, You release Marketing Network (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 to the fullest extent permitted by law.
The Marketing Network Site and the Marketing Network Content may contain inaccuracies or typographical errors. Marketing Network makes no representations about the accuracy, reliability, completeness, or timeliness of any Marketing Network Site or the Marketing Network Content. The use of all Marketing Network Site and the Marketing Network Content is at Your own risk. Changes are periodically made to Marketing Network Site and may be made at any time. Marketing Network cannot guarantee and does not promise any specific results from use of any Marketing Network Site. No advice or information, whether oral or written, obtained by a User from Marketing Network or through or from any Marketing Network Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
If you are a Polish resident, You acknowledge that on the basis of Article 558 ss 1 of the Polish Civil Code, Marketing Network’s warranty for the physical and legal defects of the offered products/services is excluded.
Marketing Network encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Marketing Network be liable for the deletion, loss, or unauthorized modification of any User Content.
Marketing Network does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any Marketing Network 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.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Marketing Network may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Marketing Network has no liability or responsibility to Users for performance or non-performance of such activities.
7. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, MARKETING NETWORK DOES NOT WARRANT THAT ANY MARKETING NETWORK SITE OR ANY MARKETING NETWORK SERVICES WILL OPERATE ERROR-FREE OR THAT ANY MARKETING NETWORK SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MARKETING NETWORK SITE OR THE MARKETING NETWORK CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, MARKETING NETWORK IS NOT RESPONSIBLE FOR THOSE COSTS. THE MARKETING NETWORK SITE AND MARKETING NETWORK CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MARKETING NETWORK, 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. MARKETING NETWORK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MARKETING NETWORK CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
8. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL MARKETING NETWORK, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MARKETING NETWORK SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY MARKETING NETWORK SITE AND THE MARKETING NETWORK CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARKETING NETWORK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, MARKETING NETWORK’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MARKETING NETWORK SITE OR YOUR USE OF THE MARKETING NETWORK CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED £100.
10. Links to Other Site.
The Marketing Network Site contain links to third party Web Site. These links are provided solely as a convenience to You and not as an endorsement by Marketing Network of the contents on such third-party Web sites. Marketing Network 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.
11. 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 Marketing Network Site.
You agree to defend, indemnify, and hold harmless Marketing Network, 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 Marketing Network Site, (ii) Your use of any Marketing Network Content, or (iii) Your breach of these Terms. Marketing Network shall provide notice to You promptly of any such claim, suit, or proceeding.
Marketing Network makes no claims or representations that the Marketing Network Content may be lawfully viewed or accessed outside of the United Kingdom. Access to the Marketing Network Content may not be legal by certain persons or in certain countries. If You access any Marketing Network Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Marketing Network Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
14. Mobile Services.
If You use the Marketing Network Site through a mobile device, You agree that information about Your use of the Marketing Network Site through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Marketing Network Site through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Marketing Network Site using a mobile device, You represent that to the extent You import any of Your Marketing Network data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Marketing Network account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Marketing Network Site through Your mobile access provider. Therefore, You should check with Your provider to find out if the Marketing Network Site are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the Marketing Network Site, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
15. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Marketing Network Site. Marketing Network 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 the Marketing Network Site and immediate termination of Your registration with or ability to access the Marketing Network Site and/or any other services provided to You by Marketing Network, upon any breach by You of these Terms or if Marketing Network is unable to verify or authenticate any information You submit to a Marketing Network Site registration. Even after You are no longer a User of the Marketing Network Site, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.
16. Scope of Marketing Network’s Obligations.
For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”), Marketing Network is not an employment business and generally does not introduce or supply work-seekers to hirers (or vice versa).