NOT USE THE SITE OR SERVICES.
The SITE and the services or offerings on the SITE are intended for use by employers seeking recruitment services, recruiters looking to partner with ThoughtsArena in seeking candidates for employment, panelists collaborating with ThoughtsArena to provide candidate assessment services and individuals seeking employment. These terms apply only to access and use of the SITE. To avail the Services being offered through the SITE, You may be required to execute additional definitive agreements, undertakings, or additional terms and conditions, as applicable. In case of any conflict or inconsistency between these Terms and such additional documentation, the latter shall have precedence.
If You use the SITE, You represent that You are legally competent to enter into a binding contract and are not barred by any applicable law or otherwise from using the SITE.
REGISTERING ON THE SITE
To use certain functionalities of the SITE or to avail the services offered on the SITE, You may be required to create a user account. You must complete the registration process by providing us with accurate, complete and updated information. You may also be required to choose a password and a user name. You represent and confirm that you are not prohibited under law or otherwise from registering as a user of the SITE and availing services from and providing services to ThoughtsArena.
Access to and use of password protected or secure areas of the SITE are restricted to authorized users. You agree not to share Your password(s), account information, or access to the SITE with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and You are responsible for all activities that occur through the use of Your password(s) or account(s) or as a result of Your access to the SITE. You shall not allow any third party or computer system to access or use your account.
USE OF SITE CONTENT
Through the SITE, You have access to a variety of resources and content, including but not limited to data, Information, web pages, text, images, audio clips, video clips, documents, press releases, product/ service details, software, scripts, graphics, and interactive features, provided, generated or otherwise made available on or through the SITE (“Content”).
You may download, store, display on Your computer, view, listen to, play and/or print Content that ThoughtsArena makes available for download through the SITE subject to the following: (a) any Content may be used solely for relating to the services you render to or avail from ThoughtsArena (b) the Content (except those generated by you) may not be modified or altered in any way (c) the Content may not be redistributed except as expressly agreed to by ThoughtsArena in writing in a definitive agreement; and (d) Content such as job opportunities, resume, candidate information, etc. shall not be used for any commercial purposes outside the scope of the definitive agreements executed between you and ThoughtsArena.
You are expressly prohibited from (i) using any information on open job positions you receive through the SITE for any commercial purpose (such as in the operation of a professional recruiting service); or (ii) forwarding such information to any group or mass distribution list or otherwise in violation of any applicable laws.
You may use the SITE for lawful purposes only in accordance with these Terms. You must not transmit through the SITE any content or do any activity that:
1. impersonates any person, business or entity;
2. involves any unsolicited or unauthorized advertising, promotional materials or any chain mail, junk mail, or any form of solicitation;
3. interferes with or disrupts the SITE or damage, overburden, disable, or impair Our servers or networks connected to SITE, or disobey any requirements, procedures, policies or regulations of networks connected to SITE;
4. infringes any intellectual property rights of others;
5. is unlawful, threatening, abusive, defamatory, libelous, deceptive, fraudulent, misleading, invasive of privacy, tortuous or obscene or induces or encourages any criminal activity;
6. introduces any viruses or code, that destroy, interrupt, or limit the functionality of any software or hardware, or otherwise permit the unauthorized use of a computer or computer network;
7. gains or attempt to gain unauthorized access to any user accounts, networks, services or computer systems, through any means.
Where ThoughtsArena, has a reasonable suspicion, that an user may engage or has engaged in any fraudulent activities, or malpractices, then without prejudice to any other rights available to ThoughtsArena hereunder, ThoughtsArena shall be entitled to add the name of such individual or entity to a Red Flag list maintained by ThoughtsArena. The Red Flag list shall be shared by ThoughtsArena with other users, on a case to case basis, without any notice to such users.
INTELLECTUAL PROPERTY RIGHTS
You understand and agree that the SITE and any software used in connection with the SITE contain confidential and proprietary information that is protected by applicable Intellectual Property laws.
All right, title and interest in and to the SITE and all Content (except any Content submitted by You) and materials contained in the SITE, including, but not limited to, all content, logos, Site design, graphics, images, button icons, digital downloads, data compilations, etc., are owned by ThoughtsArena or Our licensor and are protected by the applicable intellectual property laws. Any unauthorized use of the materials provided as part of the SITE is strictly prohibited.
It is strictly prohibited to use any materials on the SITE in an unauthorized manner including reproduction, republication, modification or distribution, or any form of data mining or data extraction, or other commercial exploitation of any kind. You agree that You will not use any device or manual process to monitor or copy the Contents or pages of Our SITE.
Unauthorized copying, distribution, modification, public display, of copyrighted works may be an infringement of the rights of the copyright owner. You agree that You will not use the SITE or any ThoughtsArena SITE to infringe ThoughtsArena’s Intellectual Property rights or such rights of others. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of ThoughtsArena software, third party software, or any Content You access on or through ThoughtsArena’s SITEs.
USER GENERATED CONTENT
As a user, You will be able to upload, share, transmit, or otherwise make available on or through the SITE Content that You are legally authorized to share and to grant Us all of the licenses and rights set forth herein. By submitting any Content, You grant us an irrevocable, worldwide, perpetual, royalty-free, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form and through any medium.
You acknowledge and confirm that any personal information, shared with ThoughtsArena by you, whether pertaining to you or any third party, is not in violation of any privacy norms and you are authorized by the owners of such information to share the same on the SITE.
ThoughtsArena reserves the right to review the SITE and Content and to monitor all use and activity on the SITE, and to remove or choose not to make available on or through the SITE any Content in its sole discretion. ThoughtsArena may, in its sole discretion, at any time terminate or limit access to the SITE, any specific areas of the SITE or Content provided on or through the SITE. ThoughtsArena may terminate or limit Your access to or use of the SITE if ThoughtsArena determines, in its reasonable opinion and sole discretion, that You have violated any of the obligations under these Terms and we are not liable to You or any third party for any claims or damages arising out of any termination or suspension of the SITE.
LINKS TO THIRD PARTY WEBSITES
The SITE may provide links to any third party websites. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. ThoughtsArena is not responsible for third party Content provided on or through the SITE or for any changes or updates to such third party sites, and You bear all risks associated with the access to, and use of the same.
DISCLAIMER OF WARRANTIES
We provide the SITE on an “AS IS” and “as available” basis. We make no express warranties or guarantees about the SITE. We do not provide any representation that the SITE is available for use in any particular location. You may choose to access SITE at Your own initiative and at Your own risk and You shall be responsible for compliance with local laws, if and to the extent such local laws are applicable.
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ANY IMPLIED WARRANTIES UNDER APPLICABLE LAW INCLUDING WARRANTIES THAT THE SITE IS OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, SECURE, ACCURATE OR NON-INFRINGING. WE MAKE NO WARRANTY THAT ANY ERROR CORRECTIONS, UPDATES, UPGRADES, BUG FIXES AND/OR ENHANCEMENTS OF THE SOFTWARE WILL BE PROVIDED. ANY RECEIPT OR DOWNLOAD OF CONTENT OR INFORMATION FROM THE RISK AND OPTION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ANY SUCH DOWNLOAD. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF SAVINGS, LOSS OF DATA, OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR ARISES IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE SITE, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WE SHALL NOT BE LIABLE FOR ANY MISREPRESENTATION OR INACCURACIES IN RELATION TO ANY JOB DESCRIPTIONS OR RESUME MADE AVAILABLE IN THE SITE BY THE USERS.
You agree to indemnify and hold ThoughtsArena, its officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal expenses and costs, due to, arising out of or in connection with any Content that You Share, Your access or use of the SITE or Your violation or infringement of any third party rights, including intellectual property rights.
These Terms and any policies posted on SITE constitute the entire agreement between You and Us regarding the subject matter of these Terms. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect.
Any failure by ThoughtsArena to enforce any right under these Terms on one occasion does not constitute a waiver of such right on any other occasion.
All legal proceedings shall be subject to the jurisdiction of the courts in Thiruvananthapuram, India and shall be governed by and construed in accordance with the laws of India to the exclusion of the conflict of law provisions.
We may assign or sub-contract our rights and obligations under the Terms at any time, to any third party, at our sole discretion, without notice to You.
The Terms are being executed in English language and all modifications or changes shall be made in the same language.
The Terms does not constitute any joint venture, partnership, employment or agency relationship between You and Us.
Any notices to ThoughtsArena should be sent to the registered office address of ThoughtsArena available in the SITE.