Terms of service
Please review these terms and conditions of use carefully before using our website and services, including,
without limitation, the following:
https://resumes.guru/
This document states the terms and conditions (“Terms”) upon which https://resumes.guru/ (“we” or “us”)
will provide service to you on its website and related services (collectively, the “Service”). As used in
this document, the terms “you” or “your” refers to you, any entity you represent, your or its
representatives, successors, assigns and affiliates, and any of your or their devices.
By visiting, accessing, using, downloading, copying, installing and/or joining (collectively
“using”) the Service, you express your understanding and acceptance of these Terms. If you do not agree
to be bound by these Terms, cease using the Service and delete any copy of the Service which you may
have.
These terms also include certain liability limitations and legal disclaimers that limit our
liabilities. In other words, your use of the Service is at your own risk and we do not assume any
liability, or make any warranties of any kind, express or implied, with respect to the Service.
-
Eligibility and Accounts
- Use of the Service is not permitted where prohibited by law. Without limiting the foregoing, you
represent and warrant that you are not located in a country that is subject to international or
applicable embargo, or a country that has been designated by the international or applicable law
as a “terrorist supporting” country and that you are not listed on any applicable list of
prohibited or restricted parties.
- You must be at least eighteen (18) years of age to use the Service. If you are under eighteen
(18) years old, you are not permitted to use the Service and you must immediately cease using
the Service, regardless of parental authorization.
- The consideration for your knowing acceptance of these Terms is that we are providing you the
Grant of Use to use the Service pursuant to Section 2 hereof. You acknowledge and agree that
this consideration is adequate and that you have received the same upon use of the Service.
-
Grant of Use
- We grant you a non-exclusive, non-transferable, and limited right to access, non-publicly
display, and use the Service, including all content available therein (the “Content”) on your
computer or mobile device consistent with these Terms and subject to the restrictions (technical
and otherwise) of the Service. You may only access and use the Service for your personal and
noncommercial use.
- In addition to the terms set forth herein, your use of the Service shall be limited by the
rules, features and technical restrictions of the Service, which may change from time to time in
our sole discretion. You shall not attempt to use the Service in any manner in which the Service
is not intended or permitted to be used.
-
User Submissions
- You are entirely responsible for any and all materials you download, upload, submit, transmit,
create, modify or otherwise make available in or via the Service, including any sound files,
video files, or photographs that you create, modify, transmit or download through the Service
(collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge
that any disclosure of personal information in User Submissions may make you personally
identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
-
You shall be solely responsible for any and all of your own User Submissions and any and all
consequences of downloading, uploading, submitting, modifying, transmitting, creating or
otherwise making available the User Submissions. For any and all of your User Submissions, you
affirm, represent and warrant that:
- You own or have the necessary licenses, permissions, rights, or consents to use and
authorize us to use all trademarks, copyrights, trade secrets or other proprietary
rights in and to User Submissions for any and all uses contemplated by the Service and
these Terms; and
- You have written consent, release, and/or permission from each and every identifiable
individual in the User Submission to use the name and/or likeness of each and every such
identifiable individual to enable use of the User Submission for any and all uses
contemplated by the Services and these Terms.
-
You further agree that you shall not download, upload, submit, create, transmit, modify, or
otherwise make available material that:
- Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless you are
the owner of such rights, have explicit permission from the rightful owner to submit the
material and to grant us all of the license rights granted herein, or have other legal
and effective basis to the material and to grant us all of the license rights granted
herein;
- Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful,
harassing, abusive, threatening, invasive of privacy or publicity rights, hateful,
racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by
us in our sole discretion;
- Depicts illegal activities, promotes or depicts physical harm or injury against any
group or individual, or promotes or depicts any act of cruelty to animals;
- Impersonates any person or entity or otherwise misrepresents you in any way, including
creating a false identity;
- Would constitute, encourage or provide instructions for a criminal offense, a violation
of the rights of any party, or that would otherwise create liability or violate any
local, state, national or international law; or
- Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of
solicitation.
- We claim no ownership or control over User Submissions or Third Party Content. You or a
third-party licensor, as appropriate, retain all copyrights to User Submissions and you are
responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide,
non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce,
publicly perform, publicly display, distribute, adapt, modify, publish, translate, create
derivative works of and otherwise exploit User Submissions for any purpose, including without
limitation any purpose contemplated by the Service and these Terms. You also irrevocably waive
and cause to be waived against us and any of our users any claims and assertions of moral rights
or attribution with respect to User Submissions.
- You represent and warrant that you have all the rights, power and authority necessary to grant
the rights granted herein to User Submissions. Specifically, you represent and warrant that you
have the right to download, upload, modify, access, transmit, create or otherwise make available
the User Submissions on the Service, and that downloading or uploading the User Submissions will
not infringe upon any other party’s rights or your contractual obligations to other parties.
-
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to
any User Submission for any reason, or for no reason at all, with or without notice.
- Without limiting the other indemnification provisions herein, you agree to defend us
against any claim, demand, suit or proceeding made or brought against us by a
third-party alleging that your User Submissions or your use of the Service in violation
of these Terms infringes or misappropriates the intellectual property rights of any
third-party or violates applicable law and you shall indemnify us for any and all
damages against us and for reasonable attorney’s fees and other costs incurred by us in
connection with any such claim, demand, suit or proceeding.
- If you make any suggestions to us about improving the Service or adding new features to
the Service, you are assigning to us the right to use your suggestions without any
compensation to you
-
Content on the Service
- You understand and acknowledge that, when using the Service, you will be exposed to content from
a variety of sources including content made available on or through the Service by other users,
services, parties and through automated or other means (collectively, “Third Party Content”) and
that we do not control and are not responsible for any Third Party Content. You understand and
acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or
otherwise objectionable or may cause harm to your computer systems and, without limiting the
other limitation of liability provisions herein, you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you may have against us with respect thereto.
- We claim no ownership or control over Third Party Content. Third parties retain all rights to
their respective Third Party Content and they are responsible for protecting their rights as
appropriate.
- You understand and acknowledge that we assume no responsibility whatsoever for monitoring the
Service for inappropriate content or conduct. If at any time we choose, in our sole discretion,
to monitor such content, we assume no responsibility for such content, have no obligation to
modify or remove any such content (including User Submissions and Third Party Content), and
assume no responsibility for the conduct of others submitting any such content (including User
Submissions and Third Party Content).
- Without limiting the provisions below on limitations of liability and disclaimers of warranties,
all Content (including User Submissions and Third Party Content) on the Service is provided to
you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce,
distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other
purpose whatsoever the Content without the prior written consent of the respective
owners/licensors of the Content.
- You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to
any Content for any reason, or for no reason at all, with or without notice.
-
User Conduct
- You represent and warrant that all the information and content provided by you to us is accurate
and current and that you have all necessary rights, power and authority to (i) agree to these
Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under
these Terms.
- You hereby expressly authorize us to monitor, record and log any of your activities on the
Service.
-
As a condition of your use of the Service:
- You agree not to use the Service for any unlawful purpose or in any way that is
prohibited by these Terms;
- You agree to abide by all applicable local, state, national and international laws and
regulations;
- You agree not to use the Service in any way that exposes us to criminal or civil
liability;
- You agree that you are solely responsible for all acts and omissions that occur as a
result of your use of the Service;
- You agree that all your User Submissions belong to you and that you have the right and
authority to provide them to us and make use of them on or through the Service;
- You agree not to use any automated means, including robots, crawlers or data mining
tools, to download, monitor or use data or Content from the Service;
- You agree not to take any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large load on our technology infrastructure or
otherwise make excessive demands on it;
- You agree not to “stalk” or otherwise harass anyone on or through the Service;
- You agree not to forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information you transmit;
- You agree not to disable, circumvent, or otherwise interfere with security related
features of the Service or features that prevent or restrict use or copying of any
content or which enforce limitations on the use of the Service or the content therein;
- You agree not to post, link to, or otherwise make available on the Service any material
that contains software viruses or any computer code, file or program designed to
interrupt, destroy, limit or monitor the functionality of any computer software or
hardware or any telecommunications equipment;
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or
otherwise in any way commercially exploit or make available the Service or any Content
to any third party;
- You agree not to “frame” or “mirror” the Service; and
-
You agree not to reverse engineer any portion of the Service.
- You may only use the Service consistent with these Terms and any and all
agreements under which the Service is provided to you (including, for example,
any app store agreement). You assume sole responsibility for obtaining any
additional or related hardware or software required for use of the Service.
- Except as described below, you are not permitted to decompile, disassemble,
reverse compile, reverse assemble, reverse translate or otherwise reverse
engineer the Service, use any similar means to discover the source code of the
Service or to discover any trade secrets or other intellectual property in the
Service.
- You acknowledge that from time to time the Service may automatically check for
and install updates on your device. You agree and accept that the Service may
make updates without your confirmation or consent. Any updates to the Service
will be deemed part of the Service. However, we have no obligation to provide
you with any updates to the Service (nor does any third-party).
- We reserve the right to take appropriate action against any user for any
unauthorized use of the Service, including civil, criminal and injunctive
redress and the termination of any user’s use of the Service. Any use of the
Service and our computer systems not authorized by these Terms is a violation of
these Terms and certain international, foreign, and domestic criminal and civil
laws.
- In addition to termination of the grant of use of the Service, any violation of
this Agreement, including the provisions of this Section 6, shall subject you to
liquidated damages of ten thousand dollars ($10,000) for each violation. In the
event that your violation results in legal action (whether against you or
against us by any party) or physical or emotional harm to any party, you shall
be subject to liquidated damages of One Hundred and Fifty Thousand Dollars
($150,000) for each violation. We may, in our discretion, assign any such damage
claim or portion thereof to a third party that has been wronged by your conduct.
These liquidated damages provisions are not a penalty, but instead an attempt by
the Parties to reasonably ascertain the amount of actual damage that could occur
from such a violation. You acknowledge and agree that the amount of these
liquidated damages is a minimum and that if actual damages are greater you shall
be liable for the greater amount. If a court of competent jurisdiction finds
that these liquidated damages are unenforceable to any extent, then the
liquidated damages shall be lowered only by the extent necessary for them to be
enforceable.
-
Services on the Service
- You acknowledge that the Service is a general-purpose tool. Specifically, but without
limitation, the Service allows you to access media on multiple other platforms and to, among
other things, download and/or convert that media. The Service may only be used in
accordance with law. We do not encourage, condone, induce, or allow any use of the Service
that may be in violation of any law. We explicitly prohibit the use of the Service
to download any content in violation of copyright laws.
- To the extent that we may store any User Submissions whatsoever, we do not intend to store any
User Submissions for anything longer than a transitory period of time to give users chance to
download their content.
-
Fees
- You acknowledge that we reserve the right to charge for any or all of our services and to change
our fees from time to time in our sole discretion. If at any time we terminate your rights to
use the Service because of a breach of these Terms, you shall not be entitled to a refund of any
portion of your fees. In all other respects, such fees shall be governed by additional rules,
terms, conditions, or agreements posted on the Service and/or imposed by any sales agent or
payment processing company, as may be amended from time to time.
-
Privacy Policy
- We retain a separate Privacy Policy and your assent to these Terms also signifies that you have
read and understand the Privacy Policy. We reserve the right to amend the Privacy Policy at any
time by posting such amendments to the Service or our website. No other notification may be made
to you about any amendments. Your continued use of the App following such amendments will be
deemed your acknowledgement of the Privacy Policy and that you have read and understand it.
- You acknowledge that we may collect and use technical data and related information, including
but not limited to technical information about your device, system and application software, and
peripherals, that is gathered periodically to facilitate the provision of updates to the
Service.
- You understand, acknowledge and agree that we may access, preserve and disclose your information
if required to do so by law or in a good faith belief that such access, preservation or
disclosure is reasonably desirable or necessary for us.
-
Copyright Claims
- We respect the intellectual property rights of others. You may not infringe the copyright,
trademark, or other proprietary informational rights of any party. We may in our sole discretion
remove any Content (or restrict use of the Service with any Content) we have reason to believe
violates any of the intellectual property rights of others and may terminate your use of the
Service if you submit any such Content.
- Repeat Infringer Policy. As part of our repeat-infringement policy, any user
for whose MATERIAL we receive three good-faith and effective complaints within any
contiguous six-month period will have his grant of use of the Service terminated.
- Although we are not subject to United States law, we voluntarily comply with the Digital
Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if
you believe that any of your copyrighted material is being infringed on the Service, we have
designated an agent to receive notifications of claimed copyright infringement. Notifications
should be e-mailed to namphamht@gmail.com.
-
All notifications not relevant to us or ineffective under the law will receive no response or
action thereupon. An effective notification of claimed infringement must be a written
communication to our agent that includes substantially the following:
- Identification of the copyrighted work that is believed to be infringed. Please describe
the work and, where possible, include a copy or the location (e.g., a URL) of an
authorized version of the work;
- Identification of the material that is believed to be infringing and its location or,
for search results, identification of the reference or link to material or activity
claimed to be infringing. Please describe the material and provide a URL or any other
pertinent information that will allow us to locate the material on the Service or on the
Internet;
- Information that will allow us to contact you, including your address, telephone number
and, if available, your e-mail address;
- A statement that you have a good faith belief that the use of the material complained of
is not authorized by you, your agent or the law;
- A statement that the information in the notification is accurate and that under penalty
of perjury that you are the owner or are authorized to act on behalf of the owner of the
work that is allegedly infringed; and
- A physical or electronic signature from the copyright holder or an authorized
representative.
-
If your User Submission or a result to your content is removed pursuant to a notification of
claimed copyright infringement, you may provide us with a counter-notification, which must be a
written communication to our above listed agent and satisfactory to us that includes
substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or access
to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material
was removed or disabled as a result of mistake or misidentification of the material to
be removed or disabled;
- Your name, address, telephone number, email address and a statement that you consent to
the jurisdiction of the courts in the address you provided and the location in which the
purported copyright owner is located; and
- A statement that you will accept service of process from the purported copyright owner
or its agent.
-
Modification of These Terms
- We reserve the right to amend these Terms at any time by posting such amended Terms to the
Service. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT
YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF
SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
-
Indemnification and Release
- You hereby agree to indemnify us and hold us harmless from any and all damages and third-party
claims and expenses, including attorney’s fees, arising from your use of the Service and/or from
your breach of these Terms.
- In the event that you have a dispute with one of more other users or any third parties, you
hereby release us, our officers, employees, agents and successors-in-right from claims, demands
and damages (actual and consequential) of every kind or nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes
and/or the Service.
-
Disclaimer of Warranties and Limitations of Liabilities
- READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW.
- The Service may contain links to third-party websites or other services which are independent of
us. We assume no responsibility for the content, privacy policies, or practices of and make no
representation or warranty as to the accuracy, completeness or authenticity of information
contained in any third party websites or other services. We have no right or ability to edit the
content of any third party websites or other services. You acknowledge that we shall not be
liable for any and all liability arising from your use of any third party websites or other
services.
- The Service is provided “AS-IS” and without any warranty or condition, express, implied, or
statutory. We specifically disclaim to the fullest extent any implied warranties of
merchantability, fitness for a particular purpose, non-infringement, information accuracy,
integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or
other harmful components in connection with the Services.
- UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER, WITHOUT LIMITATION, SUCH
DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, (ii) YOUR RELIANCE ON
ANY CONTENT ON THE SERVICE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR
COMPLETE DISCONTINUANCE OF THE SERVICE OR (iv) THE TERMINATION OF SERVICE BY US. THESE
LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE.
- WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
- ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM SUCH CONTENT.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY
OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE
FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF
THE SERVICE EXCEED $100.
- All of the above disclaimers of warranties and limitations of liabilities shall be deemed to
apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees,
contractors, affiliates, subsidiaries, successors and assigns as well.
-
Disputes
- To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or
dispute that may arise between you and us, are governed by the laws of Russian Federation
without regard to conflict of law provisions. FOR ANY CLAIM BETWEEN US, YOU AGREE TO SUBMIT AND
CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN
the Russian Federation. However, in the event that we are seeking indemnification from you
hereunder, we may file suit for indemnification (and any other claims) in the same court in
which the claim against us for which we are seeking indemnification is brought. You hereby waive
any right to seek another venue because of improper or inconvenient forum.
- YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
- You hereby agree that as part of the consideration for these terms, you are hereby
waiving any right you may have to a trial by jury for any dispute between the us arising
from or relating to these terms or the Service. This provision shall be enforceable even in
the case that any arbitration provisions or any other provisions of this section are
waived.
-
General Terms
- These Terms, as amended from time to time, constitute the entire agreement between you and us
and supersede all prior agreements between you and us and may not be modified without our
written consent.
- Our failure to enforce any provision of these Terms will not be construed as a waiver of any
provision or right.
- If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable
law, then the invalid and unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
- Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third
party.
- These Terms are not assignable, transferable or sub-licensable by you except with our prior
written consent, but may be assigned or transferred by us without restriction.
- You agree that we may provide you with notices by e-mail, regular mail, or postings to the
Service.
- The section titles in these Terms are for convenience only and have no legal or contractual
effect.
- As used in these Terms, the term “including” is illustrative and not limitative.
- If this agreement is translated and executed in any language other than English and there is any
conflict as between the translation and the English version, the English version shall control.