Allgemeine Geschäftsbedingungen
Understanding your responsibilities as a Graduateland user
1. Terms of Use
This page states the Terms of Use ("Terms") under which you ("You") may use the Graduateland Sites and the Graduateland Services (each as defined below).
These Terms constitute a binding agreement between You and Graduateland ApS or the Graduateland company operating the Web site for the country in which You live or in which business is headquartered (“Graduateland”), and are deemed accepted by You each time that You use or access any Graduateland Site or Graduateland Services. If You do not accept the Terms stated here, do not use the Graduateland Sites and the Graduateland Services.
The Graduateland Sites are defined as any Web sites under Graduateland’s control, whether partial or otherwise (including, without limitation, Graduateland.com and the Web site from which these terms of use were accessed from). This also includes career portal for universities and/or other organisations, that Graduateland operates. The Graduateland Sites include a variety of features and services, including an on-line service to post and search employment opportunities (“Graduateland Services”). Graduateland 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.
2. Use of the Graduateland Services.
The job posting, resume database (“Graduateland User Database”) and other features of the Graduateland Sites may be used only by individuals seeking employment and/or information relating to career and education and by employers and/or organisations seeking to recruit or perform employer branding. Your use of the Graduateland Services is also subject to any other contracts You may have with Graduateland. In the case of any conflict between these Terms and any contract you have with Graduateland, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a Graduateland Site.
3. Terms Applicable to Employers.
You are responsible for maintaining the confidentiality of Your employer 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 Graduateland Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Graduateland of any unauthorized use of Your employer account, Profile, or passwords.
Employers are solely responsible for their postings on Graduateland Sites. Graduateland is not to be considered to be an employer with respect to Your use of any Graduateland Site and Graduateland shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Graduateland Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Graduateland, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Graduateland's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Graduateland’s web servers.
In order to protect our Graduateland Community Users from commercial advertising or solicitation, Graduateland reserves the right to restrict the number of e-mails, which an employer may send to Users to a number which Graduateland deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. Graduateland does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
Job postings
A Job posting must contain:
- information about Your organization and its business;
- implicit or explicit information describing how and/or why the job posting is relevant to students and/or recent graduates from a higher education;
- what tasks the job comprises and/or what is expected from the employee;
- necessary practical information such as working hours, start date.
A Job posting may not contain:
- any hyperlinks, other than those specifically authorized by Graduateland;
- misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Graduateland’s reasonable discretion;
- the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Graduateland;
- the names of colleges, cities, states, towns or countries that are unrelated to the posting;
- more than one job or job description, more than one location, or more than one job category, unless the product so allows;
- inaccurate, false, or misleading information; and
- material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Graduateland job posting to:
- post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- post jobs or other advertisements for competitors of Graduateland or post jobs or other content that contains links to any site competitive with Graduateland;
- sell, promote or advertise products or services;
- post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- post jobs on any Graduateland Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
- advertise sexual services or seek employees for jobs of a sexual nature;
- request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- endorse a particular political party, political agenda, political position or issue;
- promote a particular religion;
- except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Graduateland reserves the right to remove any job posting or content from any Graduateland Site, which in the reasonable exercise of Graduateland’s discretion, does not comply with the above Terms, or if any content is posted that Graduateland believes is not in the best interest of Graduateland.
If at any time during Your use of the Graduateland Services, You made a misrepresentation of fact to Graduateland or otherwise misled Graduateland in regards to the nature of Your business activities, Graduateland will have grounds to terminate Your use of the Graduateland Services.
Resume Database
Use of the Graduateland User Database by Employers
You shall use the Graduateland User Database as provided in these Terms and in any contract You have with Graduateland. You shall use the Graduateland User Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Graduateland User Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Graduateland User Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The Graduateland User Database shall not be used:
- for any purpose other than as an employer seeking employees or performing employer branding, including but not limited to advertising promotions, products, or services to any resume holders;
- to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
- to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, Graduateland reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Graduateland’s sole discretion from time to time.
4. Additional terms.
When You register with any Graduateland Site, You will be asked to create an account and provide Graduateland with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Graduateland Sites.
Graduateland reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by Graduateland or by third parties.
Graduateland reserves the right to send out newsletters, which may include information concerning new business areas, new career portals in the Graduateland Network, new products, or special campaigns. It is possible to opt-out from future newsletter via a link in the first newsletter.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Graduateland account or Your Graduateland account is terminated, all Your account information from Graduateland, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Graduateland's databases and will be removed from any public area of the Graduateland Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Graduateland’s web servers. In addition, third parties may retain saved copies of Your Information.
Graduateland reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
Companies that post jobs on behalf of other companies e.g. companies within, but not limited to, recruitment, staffing, and employer branding, cannot post jobs for free.
Terms of payment are defined by the Graduateland payment terms. The payment terms include, but are not limited to, a time allowed for payment of a maximum of 30 days from the date of receiving the invoice.
5. 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 Graduateland Site ("User Content") is the sole responsibility of the person from which such User Content originated. Graduateland 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 Graduateland and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Graduateland, you grant Graduateland a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through Graduateland. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Graduateland a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Graduateland and its services. Graduateland will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Graduateland. Graduateland reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
If You post User Content in any public area of any Graduateland 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 Graduateland Site retains any and all rights that may exist in such User Content. Graduateland 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 Graduateland Site. Graduateland reserves the right to expel Users and prevent their further access to the Graduateland Sites and/or use of Graduateland Services for violating the Terms or applicable laws, rules or regulations. Graduateland 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 Graduateland, damage Graduateland’s brand or public image, or cause Graduateland to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Graduateland 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 Graduateland endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
You may not include, in any User Content submitted to Graduateland Communities, 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 Graduateland Community Users from commercial advertising or solicitation, Graduateland 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 Graduateland deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Graduateland Sites. Graduateland 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.
6. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Graduateland respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Graduateland Sites, You agree not to use any Graduateland Site to infringe the intellectual property rights of others in any way. Graduateland reserves the right to terminate the accounts of any Users, and block access to the Graduateland Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Graduateland 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.
7. Graduateland's Liability.
The Graduateland Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Graduateland does not screen or censor the listings, including Profiles offered. Graduateland is not involved in the actual transaction between employers and candidates. As a result, Graduateland is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Graduateland makes no representations about any jobs, resumes or User Content on the Graduateland Sites. While Graduateland reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Graduateland Sites from time to time, Graduateland does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Graduateland Communities provides a venue for individuals to network for professional and personal purposes and Graduateland does not screen or censor the Profiles or User Content on the Graduateland Sites. Graduateland is not involved in the actual communications between Users. As a result, Graduateland has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Graduateland Sites and makes no representations about any Profile or User Content on the Graduateland Sites.
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 pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Graduateland Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Graduateland Sites.
Because User authentication on the Internet is difficult, Graduateland cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Graduateland Site, in the event that You have a dispute with one or more Users, You release Graduateland (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 Graduateland Sites and the Graduateland Content may contain inaccuracies or typographical errors. Graduateland makes no representations about the accuracy, reliability, completeness, or timeliness of any Graduateland Site or the Graduateland Content. The use of all Graduateland Sites and the Graduateland Content is at Your own risk. Changes are periodically made to Graduateland Sites and may be made at any time. Graduateland cannot guarantee and does not promise any specific results from use of any Graduateland Site. No advice or information, whether oral or written, obtained by a User from Graduateland or through or from any Graduateland Site shall create any warranty not expressly stated herein.
Graduateland encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Graduateland be liable for the deletion, loss, or unauthorized modification of any User Content.
Graduateland 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 Graduateland 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 notified of any content or other materials which allegedly do not conform to these Terms, Graduateland may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Graduateland has no liability or responsibility to Users for performance or nonperformance of such activities.
8. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, GRADUATELAND DOES NOT WARRANT THAT ANY GRADUATELAND SITE OR ANY GRADUATELAND SERVICES WILL OPERATE ERROR-FREE OR THAT ANY GRADUATELAND SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY GRADUATELAND SITE OR THE GRADUATELAND CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, GRADUATELAND IS NOT RESPONSIBLE FOR THOSE COSTS. THE GRADUATELAND SITES AND GRADUATELAND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GRADUATELAND, 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. GRADUATELAND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GRADUATELAND CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
In the case that a job posting at some point is not online, when it was initially supposed to be, the duration of the job posting can be prolonged. Money will not be paid back to the customer.
9. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL GRADUATELAND, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY GRADUATELAND 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 GRADUATELAND SITE AND THE GRADUATELAND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRADUATELAND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, GRADUATELAND'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY GRADUATELAND SITE OR YOUR USE OF THE GRADUATELAND CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED €100.
11. Links to Other Sites.
The Graduateland Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Graduateland of the contents on such third-party Web sites. Graduateland 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.
12. 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 Graduateland Site.
13. Indemnity.
You agree to defend, indemnify, and hold harmless Graduateland, 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 Graduateland Site, (ii) Your use of any Graduateland Content, or (iii) Your breach of these Terms. Graduateland shall provide notice to You promptly of any such claim, suit, or proceeding.
14. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Graduateland Site. Graduateland 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 Graduateland Sites and immediate termination of Your registration with or ability to access the Graduateland Sites and/or any other services provided to You by Graduateland, upon any breach by You of these Terms or if Graduateland is unable to verify or authenticate any information You submit to a Graduateland Site registration.
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