Jouw rechten en plichten als Monster gebruiker

Monsters Aansprakelijkheid.

Monster Sites zijn enkel een ontmoetingsplaats. Deze website fungeert als ontmoetingsplaats voor werkgevers om vacatures te plaatsen en voor kandidaten om CV’s te plaatsen en screent of controleert de aangeleverde gegevens niet. Monster is niet betrokken bij de daadwerkelijke overeenkomst tussen werkgevers en kandidaten. Daarom heeft Monster geen controle over de kwaliteit, veiligheid of rechtmatigheid van de vacatures of CV’s die geplaatst worden, de waarheid of nauwkeurigheid van de lijsten, het vermogen van de werkgevers om vacatures aan te bieden aan kandidaten of het vermogen van kandidaten om deze vacatures te vullen. Aanvullend, merk op dat er risico’s zijn waaronder, maar niet enkel, het risico van fysieke schade, de omgang met vreemden, buitenlanders, minderjarigen of personen die zich onder valse voorwendselen voordoen. Je neemt al het risico op je dat voortkomt uit de omgang met andere gebruikers via de website en/of de andere Monster sites.

Afwijzing van Resulterende Schade.

IN ZOVERRE DE WET HET TOELAAT ZIJN MONSTER, ZIJN LEVERANCIERS EN DERDEN DIE GENOEMD WORDEN OP ENIGE MONSTER SITE, IN GEEN GEVAL AANSPRAKELIJK VOOR WELKE SCHADE DAN OOK (INCLUSIEF, ZONDER BEPERKING, SECUNDAIRE SCHADE EN BEDRIJFSSCHADE, MISGELOPEN WINSTEN, VERLIES VAN HANDEL OF SCHADE ALS GEVOLG VAN VERLIES VAN GEGEVENS OF ONDERBREKING VAN DE HANDEL) DIE ONTSTAAT DOOR HET GEBRUIK OF DE ONMOGELIJKHEID TOT GEBRUIK VAN ENIGE MONSTER SITE EN DE INHOUD VAN DE WEBSITE, OF HET NU GAAT OM WAARBORG, CONTRACT, BENADELING OF EEN ANDERE WETTELIJKE BEPALING, EN OF MONSTER WEL OF NIET GEADVISEERD IS

Links naar andere sites.

De website en bepaalde andere Monster sites bevatten links naar websites van derden. Deze links worden enkel voor jouw gemak aangeboden en daarmee onderschrijft Monster niet de inhoud van zulke websites van derden. Monster is niet verantwoordelijk voor de inhoud van gelinkte sites van derden en biedt geen garanties over de inhoud of nauwkeurigheid van het materiaal op zulke websites van derden. Als je besluit naar een website van derden te gaan, doe je dat op eigen risico.

Registration Information.

When You register with any Monster Site, You will be asked to create a MyMonster Account or other account and provide Monster with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Monster's Privacy Statement.

Monster 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; such offers may be made by Monster or by third parties. Please see Monster's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, Monster does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Monster.com or any other Monster 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.

You understand and acknowledge that you have no ownership rights in your MyMonster Account, and that if you cancel your MyMonster Account, all your account information from Monster, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in Monster's databases and will be removed from any public area of the Monster Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Monster’s web servers. In addition, third parties may retain cached copies of your Information.

User Content and Submissions.

You are solely responsible for your MyMonster Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any Monster Site or transmit to other Users. You agree that in submitting User Content or otherwise using any Monster Site that you will not impersonate any person, or submit any materials to Monster that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

By posting User Content to any public area of any Monster Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to Monster and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

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 Monster 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 Monster Site retains any and all rights that may exist in such User Content.

Monster acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Monster 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 Monster Site. Monster reserves the right to expel Users and prevent their further access to the Monster Sites and/or use of Monster services for violating the Terms or applicable laws, rules or regulations. Monster 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 Monster, damage Monster’s brand or public image, or cause Monster to lose (in whole or in part) the services of its ISPs or other suppliers.

Monster does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or 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 Monster Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

  • 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 or "spamming";
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • 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.
It is also a violation of the Terms, to include in any User Content submitted to Monster Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.

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 your Profile any telephone numbers, street addresses, email addresses or other means of contacting You, other than your last name and URLs.

In order to protect our Monster Networking Users from commercial advertising or solicitation, Monster reserves the right to restrict the number of e-mails which a User may send to other Users to a number which Monster deems appropriate in its sole discretion.

Each candidate made available through the Skilled and Hourly section of Monster.com has taken skills interview(s) offered by Monster. The results of each skilled and hourly candidate's skills interview are not evaluated by Monster and should be evaluated by each employer based on such employer's specific criteria. The skills interview(s) are proprietary to Monster and may be changed from time to time in Monster's discretion. The skills interview(s) do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Monster does not independently verify the information provided by candidates or the identity of candidates.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Monster may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Monster has no liability or responsibility to Users for performance or nonperformance of such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and the Monster Sites. 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 Monster. 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. Monster shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

Registration and Password.

You are responsible for maintaining the confidentiality of your employer account, MyMonster Account, Profile and passwords, as applicable, and if You are a Monster Premium Subscriber, your Billing Account. 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 Monster.com registrations and passwords, whether or not authorized by You. You agree to immediately notify Monster of any unauthorized use of your employer account, MyMonster Account, Profile, passwords or Monster Premium Subscriber Billing Account, as the case may be.

Additional Terms Applicable to Monster Networking.

(a) Monster Networking User Levels. The following are the Monster Networking User levels:

  • A "Visitor" has not completed the Monster.com registration process or created an account (a "My Monster Account"), but may still search a limited number of Profiles and view the Monster.com free (public) message boards
  • A "Basic Member", after obtaining a MyMonster Account and creating a searchable Profile, may be contacted by and respond to other Basic Members, search an unlimited number of Profiles, view a limited number of Profiles, view the Monster message boards, and both view and post to the Monster.com free (public) message boards.
(b) Termination of Monster Networking Membership. These Terms will remain in full force and effect while You are a User of Monster Networking at any level. You may terminate your membership as a Basic Member at any time, for any reason by using the online cancellation tool or clicking on the "Help" link on Monster and following the provided instructions. In addition to other causes of termination set forth above, Monster may terminate your membership for any reason, effective upon sending notice to You at the email address You provide in your MyMonster Account, or such other email address as You may later provide to Monster.

Additional Terms Applicable to MyMonster Premium

(a) Premium Membership. A MyMonster Premium Member has paid for access to Premium Networking features, along with an exclusive suite of products and content. The product offerings and pricing are subject to change at any time with or without notification to Premium members. A User can access all of the Premium features from his or her MyMonster Account homepage.

(b) Premium Products. MyMonster Premium products are only accessible to Premium Members. The list of Premium products includes, but is not limited to, Resume Enhancements, Priority Resume Listings, Job Search Tutorials, Career Fit Indicator Test, and the ability to store five additional job search agents and five additional resumes over a Basic Membership. These product offerings are subject to change at any time with or without notification.

(c) Premium Cancellation. A User will retain access to the Premium features provided that he or she continues to pay a monthly fee for this access. The User may terminate his or her membership as a MyMonster Premium Member at any time, for any reason by using the online cancellation tool or clicking on the "Help" link and following the provided instructions. If you cancel your MyMonster Premium account within 3 business days from date of purchase, Monster will provide a full refund. If however, you cancel your MyMonster Premium account thereafter you will not be entitled to any refund of fees.

(d) Premium Termination by Monster. If Monster terminates your MyMonster Premium account membership because You have breached these Terms or Monster is unable to verify or authenticate information You have provided, You will not be entitled to any refund of fees paid.

10. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.

If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any Monster Site and is accessible on such Monster Site in a way that constitutes copyright or trademark infringement, please print and complete the Monster Proprietary Rights Complaint Process and Notification Form and send such completed form to our designated agent.

We have designated April Jodoin as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the Monster Sites. You can contact April as follows:

By mail: April Jodoin
Senior Manager, Compliance and Fraud Prevention
Monster.com
5 Clock Tower Place
Suite 500
Maynard, Massachusetts 01754
By telephone: 1-800-MONSTER
Send us: Monster Proprietary Rights Complaint Process and Notification Form
Need help with a job seeker issue? Contact us now.

Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others

Monster, Inc., and all of its affiliated companies respect 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 Monster.com, You agree not to use Monster.com or any other Monster Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Monster.com Users, and block access to Monster.com and/or the other Monster Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

Monster's Liability.

Monster.com acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. Monster is not involved in the actual transaction between employers and candidates. As a result, Monster has no control over 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 Monster makes no representations about any jobs, resumes or User Content on Monster.com. Monster 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 Monster, damage Monster’s brand or public image, or cause Monster to lose (in whole or in part) the services of its ISPs or other suppliers. While Monster reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from Monster.com from time to time, Monster does not assume any obligation to do so and disclaims any liability for failing to take any such action.

Monster Networking provides a venue for individuals to network for professional purposes and Monster does not screen or censor the Profiles or User Content on Monster.com. Monster is not involved in the actual communications between Monster Networking Users. As a result, Monster has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on Monster.com and makes no representations about any Profile or User Content on Monster.com.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, 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 Monster.com and/or the other Monster 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 Monster.com and/or the other Monster Sites.

Because User authentication on the Internet is difficult, Monster 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 Monster Site, in the event that You have a dispute with one or more Users, You release Monster (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.

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 favor 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."

The Monster Sites and the Monster Content may contain inaccuracies or typographical errors. Monster makes no representations about the accuracy, reliability, completeness, or timeliness of any Monster Site or the Monster Content. The use of all Monster Sites and the Monster Content is at your own risk. Changes are periodically made to Monster Sites and may be made at any time. 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 Monster Sites. Employers are solely responsible for their postings on Monster Sites. Monster is not to be considered to be an employer with respect to your use of any Monster Site and Monster shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Monster Site.

Monster cannot guarantee and does not promise any specific results from use of Monster.com or any Monster Site. No advice or information, whether oral or written, obtained by a User from Monster or through or from Monster.com or any other Monster Site shall create any warranty not expressly stated herein.

Disclaimer of Warranty.

MONSTER DOES NOT WARRANT THAT ANY MONSTER SITE WILL OPERATE ERROR-FREE OR THAT ANY MONSTER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MONSTER SITE OR THE MONSTER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MONSTER IS NOT RESPONSIBLE FOR THOSE COSTS. THE MONSTER SITES AND MONSTER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MONSTER, 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. MONSTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MONSTER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL MONSTER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MONSTER SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY MONSTER SITE AND THE MONSTER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MONSTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability.

MONSTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MONSTER SITE OR YOUR USE OF THE MONSTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Links to Other Sites.

Monster.com and certain other Monster Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party Web sites. Monster 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.

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 Monster Site.

Indemnity.

You agree to defend, indemnify, and hold harmless Monster, 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 Monster Site, (ii) your use of any Monster Content, or (iii) your breach of the terms of these Terms. Monster shall provide notice to You promptly of any such claim, suit, or proceeding.

General.

Monster makes no claims that the Monster Content may be lawfully viewed or accessed outside of the United States. Access to the Monster Content may not be legal by certain persons or in certain countries. If You access a Monster.com or other U.S.-based Monster Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of Monster.com, a particular "Legal Notice," or software license or material on particular Monster.com pages, these Terms constitute the entire agreement between You and Monster with respect to the use of Monster.com. No changes to these Terms shall be made except by a revised posting on this page.

Additional Terms.

Certain areas of Monster.com and the other Monster Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
By using any areas of this website or the other Monster Sites that contain Google Maps, you agree to be bound by the Google Maps Terms of Use available at http://maps.google.com/help/terms_maps.html and the legal notices available at http://www.maps.google.com/help/legalnotices_maps.html as they may be updated from time to time.

©GfK GeoMarketing Geographic Information provided by GfK GeoMarketing GfK. GeoMarketing provides the geographic and mapping information of postal codes of Western Europe and Canada to create the location finder of the nearest job and for the visualization of maps. The maps and geographic information is copyright protected and can be used only within the internet application and the functionalities provided by Monster. Any other use or publication of the geographic information and maps is not allowed.

©Maponics, LLC 2008 Geographic Information provided by Maponics, LLC. Maponics provides the geographic and mapping information of postal codes of the United States. This information is copyright protected and can be used only within the internet application and the functionalities provided by Monster. Any other use or publication of the geographic information and maps is not allowed.

MonsterLearning.

Monster represents and offers various services of training providers, but does not provide the learning offered under MonsterLearning. Unfortunately, from time to time training classes are cancelled or changed due to a variety of reasons, including under enrolment, course instructor shortages, re-allocation of learning resources and other logistical problems. While Monster will work with You to help You contact your Learning Provider (see Learning Provider Index page), class changes and cancellations are not within Monster's control. Accordingly, Monster is not responsible for any loss, damage, liability, expense or other problem or cost that You may incur or that may arise as a result of any class, the instruction received therein, your class being cancelled, or as a result of, or any change in, the subject matter, location or time of the class, or change in the instructor, facilities or equipment used in the class.

Term and Termination

These Terms will remain in full force and effect while You are a User of Monster.com at any level. Monster 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 Monster.com and the other Monster Sites and immediate termination of your registration with or ability to access Monster.com and the other Monster Sites and/or any other services provided to You by Monster, upon any breach by You of these Terms or if Monster is unable to verify or authenticate any information You submit to Monster.com or pursuant to other Monster Site registration. Even after You are no longer a User of Monster.com, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8(b), 10 through 21, inclusive.

These Terms constitute a binding agreement between You and Monster, and is accepted by You upon your use of the Monster Site.

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