TERMS OF SERVICE AGREEMENT FOR SUPER RESUME COMPANIES
Super Resume Co.,Ltd. (SUPER RESUME) welcomes you! This page states the Terms of Service Agreement (“Agreement”) under which you may use Super Resume, an online resume-building service, and Job Top Gun, an on-line service to post and search employment opportunities and prospective employee resumes. Please feel free to browse the SuperResume website, located at superresume.com, and Job Top Gun website, located at www.jobtopgun.com (collectively “Websites”) to find all of your employment needs! We recommend that you review the Agreement carefully before using the Websites. By visiting or using the Websites in any way, or linking to the Websites, you agree to be bound by the then-current version of this Agreement and all applicable laws. Top Gun highly recommends that you review this Agreement from time to time to ensure that you are familiar with the most recent version.
2. WEBSITE CONTENT The Websites and the computers (including the software and files) used to run and maintain them are the property of Top Gun. The Websites, the computers hosting the Websites, and content provided on the Websites, including the text, data, graphics and images, audio and video, podcasts, and downloads, are the exclusive property of Top Gun or are licensed to Top Gun, and may not be accessed, copied, reproduced, modified, altered, publicly distributed, republished, uploaded, posted, transmitted, publicly performed or displayed, or otherwise used without written permission from Top Gun, except as permitted in this Agreement. Top Gun or its licensors own all intellectual property rights, including copyrights, in such content. You may, however, access the Websites and view, display, download, store, use, transmit, reproduce, and print the materials available on the Websites, but only for your personal, non-commercial use. You may not remove any copyright notices or other notices of intellectual property rights from such content. Any unauthorized use of the Websites will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes. All violators will be pursued to the fullest extent of the law.
3. USER CONTENT Any content that you provide, upload, or otherwise make available on the Websites (“User Content”) is and remains your sole property or the property of your licensors. By providing, uploading, or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted Top Gun a fully paid-up, perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license (with the unrestricted right to grant sublicenses) under all applicable intellectual property rights and moral rights (which are waived) to copy, reproduce, modify, alter, translate, publish, distribute, perform, display, transmit, and otherwise use the User Content in any format or medium. You are not permitted to provide, upload, or otherwise make available any confidential or proprietary information on the Websites and you represent and warrant that all of your User Content in not confidential or proprietary in any way. Persons under 18 years of age are not permitted to provide, upload, or otherwise make available User Content on the Websites.
You also represent and warrant that you have the right to grant all rights licensed to Top Gun in this Agreement, or that the holder of any such rights, including moral rights, has completely and effectively waived all such rights and/or validly and irrevocably granted to you the right to grant the license set forth in this Agreement. If you post User Content in any public area of the Websites, you also permit any user to access, view, display, download, store, use, transmit, reproduce, and print such User Content for personal, noncommercial use. Subject to the foregoing, the owner of such User Content placed on any of the Websites owns such User Content and any intellectual property rights therein.
Top Gun currently (a) provides members with access to jobs that are provided through the Top Gun Jobs website, (b) provides mechanisms for users to store their applications for jobs, and (c) allows users to apply for various job positions online (“Services”). In providing the Services, Top Gun 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, Top Gun may review and remove any User Content that, in its sole judgment, violates this Agreement, violates applicable laws, rules, or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, the Websites’ users. Top Gun reserves the right to expel users and prevent their further access to the Websites and/or use of the Websites for violating the Agreement or applicable laws, rules, or regulations. Top Gun may take any action with respect to the User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could damage Top Gun in any way or create liability for Top Gun.
Top Gun neither endorses nor is responsible for the accuracy or reliability of any opinion or statement made on the Websites. Under no circumstances will Top Gun be liable for any damage caused by reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice, or other information available on or though the Websites.
4. TRADEMARKS AND COPYRIGHTS
i. Trademarks on the Websites Top Gun trademarks and service marks appearing on the Websites include but are not limited
You may not use any such marks in any way unless you have received express written permission from Top Gun.
ii. Notice and Procedure for Making Claims of Copyright Infringement It is Top Gun’s policy to respect the intellectual property rights of others. Under this policy, Top Gun will not knowingly post content of any kind on the Websites that infringes the copyright rights or other intellectual property rights of others. If you believe that your work has been used in a way that constitutes copyright infringement, please send (a) a description of the work; (b) a description of the location of the work on the Websites, including the URL; (c) your name, address, and telephone number, (d) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (e) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner. Please submit these materials to:
Name: Mr. Pongsak Pongkriengyos, Business Development Manager
c/o Top Gun, Co.
Address: 172/2 Soi Panichkul, Sukhumvit 71, Prakanong Nua, Vadhana,
5. WEBSITE RESTRICTIONS The Top Gun Websites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. As one of the conditions of your use of the Websites, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Websites for any purpose or in any manner that is prohibited by these terms, conditions, or notices, or by applicable law. It is your responsibility to ensure that your use of the Websites complies with this Agreement. Top Gun specifically prohibits any use of the Websites, and you agree that you will not use the Websites, to do any of the following:
commit a criminal offense or encourage conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including but not limited to the U.S. export control laws and regulations governing the transmission, export, retransmission, or re-export of technical data;
post any incomplete, false, or inaccurate information about yourself or others, your organizations or other organizations, and/or your postings or the postings of others;
upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, privacy-invading, hateful, or ethnically, racially, or otherwise objectionable User Content;
upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit;
upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person;
alter, damage, or delete any User Content or other communications that are not your own, or otherwise interfere with the ability of others to access or use the Services or User Content;
disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to exchange information;
claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, junk mail, spam, chain letters, or pyramid schemes;
impose an unreasonable load on the Websites’ infrastructure or infect it with viruses, worms, or other malicious computer programs;
reproduce, duplicate, copy, display, distribute, sell, resell, transmit, exploit, or otherwise use for any commercial purposes, any portion of the Websites;
harm minors in any way;
stalk or otherwise harass another person;
collect or store personal information about other users without their permission;
reverse engineer or decompile the software comprising the Websites, except as permitted by applicable law;
notwithstanding anything to the contrary contained herein, use (or attempt to use) any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Websites other than the search engine and search agents available at the Websites or generally available third-party Web browsers; and/or
access the Websites or any portion of the website without authorization or in a way that exceeds your authorization.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY To access or use some of the Services on the Websites, you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) notify Top Gun immediately of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Top Gun cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Without limiting any of the other disclaimers of warranties set forth in this Agreement, Top Gun does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through the Websites, 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 account, and that if you cancel your account, all information in your account will be marked as deleted in Top Gun’s databases and will be removed from any public area of the Websites. Such information may continue to be available for some period of time because of delays in propagating such deletion through Top Gun’s web servers. In addition, third parties may retain cached copies of your Personal Information.
8. INDEMNITY You agree to indemnify and hold Top Gun and its subsidiaries, affiliates, officers, employees, agents, co-branders, or other partners harmless from any claim or demand (including amounts paid in settlement and reasonable attorneys’ fees) made by any third party due to or arising out of User Content you submit, post, transmit, or make available through the Websites, your connection to the Websites, your violation of the Agreement, or your violation of any rights of another.
i. Links to the Websites You may create a link from your website to the home page of the Websites, without prior written permission, through a plain-text link, namely www.superresume.com or www.jobtopgun.com. Top Gun asks that you notify us in advance of your intention to do so by contacting firstname.lastname@example.org. You may not use any Top Gun trademarks or service marks as links to the Websites from other websites, or as machine-readable search terms, such as metatags or hidden text. Top Gun reserves the right to revoke your permission to link to the Websites in its absolute and sole discretion. Any third party website that links to the Websites: (a) shall not create a frame around content of the Websites; (b) shall not replicate the content of the Websites; (c) shall not state or imply that Top Gun sponsors or endorses the third-party websites; (d) shall not libel or present false or misleading information of any kind, including information about the Top Gun Companies or their members; and (e) shall not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate. Deep linking to internal pages of the Websites is expressly prohibited. The posting or creation of any link to the Websites signifies that you have read and agree to abide by this Agreement. If you believe that any website that links to the Websites contains illegal, offensive, or inappropriate content, please send an email to email@example.com.
ii. Links from the Websites Links to other websites or Internet locations from the Websites have been provided for your convenience only. Top Gun does not endorse, sponsor, or approve of any content of such websites or locations. Top Gun has no control over any of the websites or Internet locations that you may access through the Websites, and is not responsible for the content or accuracy of the content of any such website or location. If you access any other website or Internet location through the Websites, you do so at your own risk. If you believe that any link on the Websites leads to an illegal, offensive, or inappropriate website, please send an email to firstname.lastname@example.org.
10. DISCLAIMER OF WARRANTIES ALL CONTENT OF THE WEBSITES, INCLUDING ANY SOFTWARE AND USER CONTENT, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOP GUN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO ANY CONTENT AVAILABLE ON THE WEBSITES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. ALTHOUGH TOP GUN WISHES THE CONTENT OF THE WEBSITES TO BE ACCURATE, COMPLETE, AND CURRENT, TOP GUN DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THE WEBSITES (INCLUDING ANY SOFTWARE) OR ANY DATA ON THE WEBSITES IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, THEIR CONTENT OR DATA, AND THE SERVERS ON WHICH THE WEBSITES AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER,TOP GUN DISCLAIMS ANY OBLIGATION TO MAINTAIN THE WEBSITES OR KEEP THEM OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
11. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL TOP GUN BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THE WEBSITES OR ANY OTHER WEBSITES TO WHICH THESE SITES ARE LINKED, THE CONTENT OF THESE OR OTHER WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IFTOP GUN HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
12. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, display, distribute, sell, resell, transmit, exploit, or otherwise use for any commercial purposes any portion of the Websites, the Services, or access to the Services.
13. TERMINATION OF SERVICE You may discontinue your participation in and access to the Websites and Services at any time. The Agreement will continue to apply to all past use of the Websites and Services by you. You acknowledge and agree that Top Gun and its affiliates may terminate or block your use of all or part of the Websites and Services without prior notice for any reason, including, without limitation, if Top Gun believes you have engaged in conduct prohibited by this Agreement. You agree that upon such termination or discontinuance for any reason, Top Gun may delete all information related to you on the Websites and Services and may bar your use of the Services.
14. MODIFICATION OF THE WEBSITE OR SERVICES Top Gun reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites and/or Services with or without notice. You agree that Top Gun will not be liable to you or to any third party for any modification, suspension, or discontinuance of service.
15. NO WAIVER The failure of Top Gun to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or any other persons shall not in any way constitute a waiver of Top Gun’s rights to enforce any provision of this Agreement against you or any other person at any time.
16. NOTICES Top Gun may give notices to users of the Websites, at Top Gun’s option, by posting a message on the Websites, by e-mail, or by regular mail. Notices to Top Gun can be sent via e-mail to email@example.com or by regular mail to Top Gun Companies at:
Name: Mrs. Suvimon Chayochaichana, Client Services Director
c/o Top Gun, Co.
Address: 172/2 Soi Panichkul, Sukhumvit 71, Prakanong Nua, Vadhana,
18. VIOLATIONS Please report any violations of this Agreement to firstname.lastname@example.org.
19. ATTORNEYS’ FEES If Top Gun or its affiliates take any action to enforce the Agreement against you, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which they may be entitled.
20. INJUNCTIVE RELIEF You acknowledge that a violation or attempted violation of any of the Agreement will cause such damage to Top Gun as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Top Gun shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Top Gun in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
21. JURISDICTION You agree that any and all disputes, controversies, or claims arising under or in any way related to your relationship with Top Gun, including fraud in the inducement, or relating to the general validity or enforceability of any of the provisions hereof, shall be submitted to final and binding arbitration in your country of citizenship under the auspices and rules of the American Arbitration Association. Furthermore, the relationship between you and Top Gun shall be governed by the laws of your country of citizenship without regard to its conflict of law provisions. If, however, a dispute arises that is required to be adjudicated in court, you and Top Gun agree to submit to the personal and exclusive jurisdiction of the courts located in your country of citizenship.