Term of Use
The cvduck.pro website (“Website”, “Service”) is operated by DataArt Solutions, Inc (“DA”, “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. DA may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Description of Website and Service
The Service allows users to receive free of charge commentaries and improvements of their CVs or resumes sent by application form on the website.
DA may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Your Representations and Warranties
You will not upload or otherwise provide through the Service any content that:
is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or
in DA’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose DA or its users to any harm or liability of any kind.
Indemnification of DA
You agree to defend, indemnify and hold harmless DA, its affiliates and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that services we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
No Representations or Warranties by Da
The service, including all images, and other content therein, and any other information, property and rights granted or provided to you by DA are provided to you on an “as is” basis. DA and its suppliers make no representations or warranties of any kind with respect to the Service, either express or implied, and all such representations and warranties, including warranties of fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, DA does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation on Types Of Damages/Limitation of Liability
In no event will DA be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the Service or any portion thereof, including but not limited to the loss of use of the Service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if da has been advised of the possibility of such damages. DA’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to da DA for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit, and the existence of more than one claim hereunder will not increase this limit.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of DA or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and DA, you retain all intellectual property rights in, and are responsible for all data, information and materials generated from your access and use of the Service made available on or through the Service (Activity Materials). To the extent that you provide DA Activity Materials you hereby grant DA a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, and otherwise use any intellectual property rights or proprietary rights in the Activity Materials. All rights of DA or its licensors that are not expressly granted in these Terms and Conditions are reserved to DA and its licensors.
“DataArt” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of DA or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the DA name or any DA or third-party trademarks, service marks, graphics or logos.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to DA pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). DA’s Agent for Notice of claims of copyright infringement can be reached as follows:
by mail: 475 Park Avenue South, 15th Floor, New York, New York 10016
Governing Law and Arbitration
These Terms and Conditions, its subject matter and DA’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the state of New York, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and DA will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in New York City, New York. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
These Terms and Conditions constitute the entire agreement between DA and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by DA or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. DA may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of DA and you, and DA’s and your respective successors and permitted assigns.
The provisions of these Terms and Conditions relating to the protection and enforcement of DA’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.