Assessment and Screening Services
The following terms set forth in this Section 8 applies to assessment and screening services offered on the Web Site and the assessment and screening system provided on the Web Site (hereinafter: "the Assessment and Screening Services", "the Terms" and "the System"). Any and all rights not expressly granted in these Terms are reserved by Experis. Experis reserves the right to change these Terms, at its sole discretion, any time or from time to time. IF YOU DO NOT AGREE TO, OR ARE NOT COMFORTABLE WITH THESE TERMS OR ANY PART THEREOF, PLEASE DO NOT USE THE ASSESSMENT AND SCREENING SERVICES. USING THESE ASSESSMENT AND SCREENING SERVICES OR ANY PART THEREOF IN ANY WAY, SIGNIFIES YOUR CONSENT TO BE BOUND BY THESE TERMS AND ANY PART THEREOF.
8.1 Your Licence to Use the Experis System
We hereby grant you a non-exclusive, non-transferable, world-wide, personal licence under the Experis intellectual property rights, to use the System subject to the Terms. By this licence you are granted a limited right to use the System as stated, but you are not and will not become the owner of the System or any part thereof. Only you may use the System, and you may not rent, lease, lend, sub-licence or transfer the System or any part thereof nor any of your rights under the Terms to anyone else. You may not develop or derive for commercial use any data in machine-readable or other form that incorporates or uses any part of the System.
8.2 Your Use of the System
You are allowed to use the System only for personal and noncommercial use. Except as otherwise provided herein, you may not alter, modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, publicly display, transfer, sell or use in any other way, the System, any information or content contained in the System or any part thereof without the prior express written permission of Experis.
8.2.1 Your User Responsibilities
You may only use the System and any part thereof for lawful purposes. As one of the conditions of your use, you warrant and represent that you are a genuine and bona fide job applicant and that you are not using the System for any other purpose. It is YOUR RESPONSIBILITY to ensure that your use of the System complies with these Terms. You may not use the System or any part thereof to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of others' privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party right including by submitting content that you do not have rights in; and (iii) advertising, offering, soliciting, licensing or granting public access to any content offered on the System. In addition, in order to allow us to maintain reliable and effective System, you specifically agree to refrain from intentionally providing any irrelevant, misleading or wrongful information and answers to questions or queries found on the System. You warrant and affirm that you will NOT:
1. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
2. Allow someone to help or assist you in completing any component of the System;
3. Help or assist anyone else in competing any component of the system;
4. Provide any incomplete, false or inaccurate information on any application submitted for a job through the System;
5. Post or transmit any content or information that contains a virus, worms, Trojan horses, or corrupted data;
6. Eavesdrop, commit electronic trespassing, fraud or forgery, sniff, spam, nuke, hack, spoof, break passwords, contaminate the System, cause unauthorized, damaging and/or harmful access and/or retrieval of information and data;
7. Create deep linking from any other page to any part of the System;
8. Delete any author contributions, legal notices or proprietary designations or labels that you upload to any communication feature;
9. Upload or transmit any content or information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; and not
10. Delete or revise any material posted by another person or entity.
8.2.2 Changes to the Service
We reserve the right, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality of the System or any part thereof, without prior notice. We may, at any time, suspend or cancel the System or any part thereof for any reason without prior notice. This version of the System is provided to you free of charge. Nevertheless, we expressly reserve the rights to charge you for the use of the System or certain parts thereof and change these Terms to reflect such changes. However, we will not charge you for using the System or certain portions of the System, before receiving your consent, though we reserve the right to terminate your membership with us and cancel your registration for the System, in whole or in part, should you refuse to provide such consent and payment if and when so required.
8.2.3 Waiver of Right to see Tests and Results
The information and other content you provide to us will be processed and assessed in the System for use by the recruiters who post jobs on the System. The tests you will be undergoing and the results thereof will not be available to you and you hereby waive any rights to see such tests and/or results or any part thereof.
8.2.4 Waiver of Right for Revenues
YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS AS TO ANY REVENUES OR BENEFITS WE DERIVE FROM YOUR USE OR DISTRIBUTION OF ANY CONTENT YOU TRANSMIT OR OTHERWISE DELIVER TO US.
8.4 System Security
We operate secure data networks protected by industry standard security protection systems. Our security and privacy policies are periodically reviewed and enhanced, as we believe is necessary from time to time. However, the System service and our servers, as most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. Data and information sent using the System may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, sniffing, spamming, nuking, hacking, spoofing, imposture, breaking passwords, harassment, fraud, forgery and system contamination, use of viruses, worms and Trojan horses, causing unauthorized, damaging harmful access and/or retrieval of information and data on your computer and other forms and activities that may even be considered unlawful. We are doing our best to prevent such invasions from happening but we will not be responsible for any damage or harm caused as a result of such actions.
YOU ARE ESPECIALLY ADVISED AGAINST USING THE SYSTEM OR ANY PART THEREOF, WITH "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND INFORMATION. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
8.4.1 The following covenants are binding for all the System users, and the failure to comply with any of these safeguards will constitute grounds for Experis to terminate any data transfer arrangement between Experis and the person(s) or entity(ies) concerned.
You are prohibited from violating or attempting to violate the security of the System, including without limitation, (i) accessing data not intended for such a user or logging into a server or account for which such a user is not authorized access, (ii) attempting to probe, scan or test the vulnerability of the System or our network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with services to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail-bombing" or "crashing", or (iv) forging any TCP/IP packet header or any part of the header information in any posting. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the System or any part thereof. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
8.4.2 Violations of System or network security may result in civil and/or criminal liability. Experis will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. In addition, and without prejudice to any other remedy to which Experis may be entitled under these Terms and/or any applicable law, Experis may immediately terminate, without notice, your use of and access to the System and any part thereof, and in the event that you have paid any amount for the right to use the System, then without derogating from any other right for indemnification and/or compensation it may have, Experis may set-off any such funds and you hereby forfeit any right you may have to receive any such funds from Experis.
8.5 Proprietary Rights
ManpowerGroup is the owner of all intellectual property rights (including the copyrights) in the Experis System and any part thereof. Material published by Experis on this System may contain other proprietary notices or describe products, services, processes or technologies owned by Experis or third parties. Nothing in these Terms or in the System shall be construed as granting to you a licence under any copyright, trademark, patent or other intellectual property right of Experis or any third party, except as expressly set forth herein.