Revised and updated : July 30, 2012
Thank you for using VMock™. This is the agreement which states the terms of service (“Terms of Service”) regarding your use of our website and/or sub-domains (collectively, the “Site”) and the services we provide through the Site and underlying technology (collectively, the “Service” or “Services”). The term candidate or applicant as used herein shall include, in all users of the system who are consuming our services.
By using the Site and/or the Services in any way, you consent to, and are agreeing to comply with the Terms of Service described in this User Agreement. These Terms of Service apply to all users of the Site and/or the Services including, but not limited to, candidates using the VMock™ platform. If you do not agree with these Terms of Service, we ask that you refrain from using the Site and/or the Services. You affirm that you are more than 18 years of age and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
The Site and/or the Services may contain links to third party websites that are not owned or controlled by VMock™. These links are provided solely as a convenience to you and not as an endorsement by VMock™ of the content on such websites. VMock™ has no control over, and assumes no responsibility or liability for, the content, privacy policies or practices of any third party websites. In addition, VMock™ will not and cannot censor or edit the content of any third party website. However, VMock™ does reserve the absolute right to refuse to consent to such links without having to give a reason. By using the Site and/or the Services, you expressly relieve VMock™ from any and all liability from your use of any third party website and external feedback providers.
In order to access some features of the Site and/or the Services, you will have register. You may never use another’s account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account passwords secure. You must notify VMock™ immediately of any breach of security or unauthorized use of your account.
Modifications to these Terms of Service
We reserve the right, at our sole discretion, to change, modify or otherwise alter these the terms and conditions set forth herein at any time, and you agree to be bound by such changes, modifications or alterations. Such modifications shall become effective immediately upon the posting thereof. Although we may attempt to notify you when major changes are made to these Terms of Service, you must review these Terms of Service on a regular basis to keep yourself apprised of any changes. We strongly encourage you to check the “Revised and Updated” date at the top of these Terms of Service to familiarize yourself with the most up-to-date version of this document.
Use of the Site and/or the Services
VMock™ has no control or responsibility whatsoever over the content loaded onto the site by candidates. While we attempt to respond to complaints about inappropriate uses of our Services, candidates are solely responsible for all Content or any unlawful or inappropriate behavior that transpires during their use of the system. Any recommendations or advice provided by us on the Site are for informational purposes only.
VMock™ is not a data controller of any information recorded in a resume. VMock™ simply acts as a data processor, or conduit, which facilitates the recording of the data and transmits any personal data contained in the resume from the applicant to their chosen feedback provider. The manner in which the Site and/or the Services are used is entirely determined by the candidate.
VMock™ uses reputed third party vendors and hosting partners to provide the necessary content, hardware, software, networking, storage and related technology required to run the Site and/or the Services. VMock™ maintains a copy of the resumes on the hosting servers of our hosting partners for secure access by candidates and any parties they choose to share their resumes with whether internal or external to VMock™.
As part of the Services, users are able to post their own Content, either as a candidate or feedback provider. “Content” includes the text, scripts, graphics, photos, sounds, videos, questions, responses to questions and any other information that you post, communicate, transmit, record, link to or direct to any third party in any manner through the use of the Site and/or the Services including, but not limited to, any presentation, appearance or participation by you through the Services. VMock™ takes no responsibility or liability for the Content posted by users of the Site and/or the Services. To the extent that any Content violates these Terms of Service, VMock™ reserves the right (but not the obligation) in its sole discretion to refuse or remove Content from the Site and/or the Services.
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (b) bestiality, or (c) masturbation, or (d) sadistic or masochistic abuse, or (e) lascivious exhibition of the genitals or pubic area of any person;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any interview for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
that impersonates any person or entity, including, but not limited to, an VMock employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person without that person’s explicit consent;
that is false, deceptive, misleading, deceitful or mis-informative;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by VMock;
impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to VMock’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site;
use any form of automated device or computer program that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or
reproduce, duplicate, copy, sell, trade or resell any portion of the Site and/or the Services, use of the Site and/or the Services or access to the Site and/or the Services.
Subject to your compliance with these Terms of Service, VMock™ grants you a non-exclusive, non-transferable, limited right to access and use the Site and/or the Services for which your account has been approved. Except as provided in the immediately preceding sentence, no other right, title or interest in the Site or the Services is hereby granted or transferred to you as a result of any permitted use of the Site and/or the Services. VMock™ retains the exclusive right, title and interest to the Site and the Services. You agree to provide VMock™ with a limited, royalty-free, fully paid up, non-exclusive, transferable, worldwide, perpetual license and right to use, distribute and display all Content provided that such license and right is restricted to the sole purpose of enabling VMock™ to perform the Services.
All original materials incorporated in or accessible through the Site and/or the Services including, but not limited to, texts, photos, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content and the compilation, collection, arrangement and assembly thereof, are protected by United States, India and international copyright laws, and are owned exclusively by VMock™.
No Unauthorized Modification or Forwarding of Content
Except as otherwise expressly permitted in these Terms of Service, you agree that you will not give access to, forward, display, post or distribute any part of the Content to any individuals, persons or companies other than those you explicitly choose to. You agree that you will not forward, display, post or distribute any part of the Content or the suggestions for improvement to any public website such as YouTube, Facebook, Twitter and the like.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VMock software (“Software”) is hosted by VMock™ and accessed over the Internet. In that event, VMock™ agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to these Terms of Service. You may not use the Software for anything other than as intended by VMock™ in connection with your use of the Site and/or the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by VMock™ are hereby reserved. You agree not to take any action to interfere with VMock™ ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (a) reproduce, republish, display, frame, download, distribute, or transmit the Software, (b) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software, (c) modify or create any derivative works based on the Software, including customization, translation, or localization, (d) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software, (e) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software, (f) create or use any software other than as authorized by to access the Software, (g) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software, (h) use the Software in any way that violates these Terms of Service, or any other agreements between you and or any law, and (i) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Site and/or the Services.
Suspension or Termination of Your Account
You agree that VMock™ may suspend or terminate your access to the Site and/or the Services without notice if: (a) VMock™ determines that you have violated these Terms of Service, or (b) VMock™ is required to do so by any court or government authority in any country. You agree that the Site and/or the Services are not intended to act as an indefinite video or information repository and, therefore, VMock™ may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Site and/or the Services without refund or compensation. You agree that VMock™ has no obligation to monitor your use of the Site and/or the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.
These Terms of Service continue to apply to you even after you are no longer using the Site and/or the Services.
You agree that use of the site and/or the services is entirely at your own risk. The site and/or the services are provided on an “as is” or “as available” basis, without any warranties of any kind. VMock™ and its directors, officers, employees, representatives and agents disclaim all warranties, express or implied, in connection with the site and/or the services and your use thereof including, without limitation, any and all warranties of merchantability, fitness for a particular purpose, security, freedom from viruses and non-infringement of intellectual property or proprietary rights.
VMock™ makes no warranties or representations about the accuracy or completeness of the site’s and/or the service’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site and/or services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our site and/or services, (v) any bugs, viruses, trojan horses and/or the like which may be transmitted to or through our site and/or services by any third party, or (v) any loss or damage to content or data (whether stored through the services or otherwise), or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the site and/or services. VMock™ does not warrant, endorse, guarantee or assum responsibility for any product, service or opportunity advertised or offered by a third party through the site and/or services or any hyper-linked sites or services.
Limitation of Liability
Under no circumstances shall VMock™ or its directors, officers, employees, representatives and agents be liable for direct, indirect, incidental, special, punitive, consequential or exemplary damages (including, but not limited to, lost profits or damages arising from your use of or inability to use the site and/or the services) whatsoever, whether based on warranty, contract, tort or any other legal theory, and whether or not VMock™ or its directors, officers, employees, representatives or agents were advised of the possibility of such damages.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Site and/or the Services is controlled and offered by VMock™ from its facilities in India and United State of America. VMock™ makes no representations that the Site and/or Services is appropriate or available for use in other locations. Those who access or use the Site and/or the Services from other jurisdictions do so at their own volition and are responsible for compliance with all local laws, statutes, rules, regulations and codes.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VMock™ and its directors, officers, employees, representatives and agents (the “VMock™ Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising out of or related to or in connection with (a) your use of and access to the Site and/or the Services, (b) your violation, breach or default of any term of these Terms of Service, (c) your violation of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, property or privacy right, or (d) any claim that your Content caused damage to a third party.
Nothing in these Terms of Service shall be deemed to confer any third party rights or benefits.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to or in connection with the use of the Site and/or the Services or these Terms of Service must be filed within twelve (12) months after such claim or cause of action arose or be forever barred.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VMock™ without restriction.
If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect to the extent allowed by law
The waiver by either party of a breach or a default of any provision of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.