Any and all individuals ("Users") who download, access and/or interact with the Resume.io website (the "Website"), provided by Imkey BV ("Resume.io"), or any other Resume.io products and services (collectively, the "Service"), are subject to these Terms of Service (these "Terms").
B. User Agreement.
By visiting or interacting with the Service, Users agree to these Terms, as well as Resume.io's Disclaimer (the "Disclaimer"), available at https://resume.io/disclaimer
II. The Service
A. Scope of the Terms.
These Terms apply to all Users, including Users who benefit from the Service to create, update, edit, format and export their resume and/or cover letter and other content on the Service (collectively, "Content") using the tools offered through the Service.
B. Third-Party Providers.
Resume.io may provide the Service using third party providers, including subcontractors and consultants (the "Third Party Providers"). Users hereby agree that Resume.io will have sole responsibility for handling all billing and contract negotiations by and between it and its Third Party Providers.
C. Third-Party Websites.
III. Resume.io Accounts, Subscriptions, Cancellations and Refunds
A. Resume.io Accounts.
To access certain features of and publish Content on the Service, Users must create a Resume.io account by entering login information manually or by importing third-party login information from an external provider. When creating an account, Users must provide accurate and complete information. Users are solely responsible for the activity that occurs on their accounts, and Users must keep account password secure. Users must notify Resume.io immediately of any breach of security or unauthorized use of their respective accounts.
B. Subscriptions, Trial Subscriptions and Cancellations.
Users that create a Resume.io account and subscribe to use the Service shall pay a monthly subscription fee ("Subscription Fee"). Users may cancel their subscriptions at any time. However, Users that cancel their subscriptions are not eligible to receive a refund of their Subscription Fee for the month in which they have cancelled their subscriptions, even if cancellation occurs on the first day of that month. Resume.io may provide certain Users with a free or discounted trial subscription. If such Users do not cancel their subscription by the termination of the trial period, they will be charged a Subscription Fee for their subsequent use of the Service.
C. Refunds for Technical Errors.
Resume.io assumes no liability or responsibility for errors, mistakes or inaccuracies of Content (for more information, see the Disclaimer). However, if the Service is unavailable to a User that has paid a Subscription Fee for a period of no less than fourteen (14) days due to a technical error (e.g. a glitch, crash, bug, virus, etc.) that is not caused directly or indirectly by such User, the Subscription Fee for the month in which such error occurred shall be reimbursed to such User and such User may continue to use its Resume.io account free of charge until such technical error is resolved.
Users may direct complaints regarding their Resume.io accounts and request a refund of their subscriptions to Resume.io using the contact information provided in Section XII. Except for technical errors as described in Section III.C, Resume.io shall have a thirty (30) day period to review any reported complaints and requested refunds. If Resume.io has not found that a certain complaint has merit and warrants a refund or further investigation by the termination of such 30-day period, the complaining User shall not receive a refund of its Subscription Fee.
IV. Permissions and Restrictions on Use of the Service
Resume.io hereby grants Users permission to access and use the Service as set forth in these Terms, provided Users adhere to the following:
A. Copy and Distribution.
Users agree not to copy, duplicate, download, aggregate, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content or any other part of the Service in any medium for any other purposes without Resume.io's prior direct authorization or unless Resume.io so expressly authorizes through functionality offered by the Service. Resume.io and its licensors reserve all rights not expressly granted in and to the Service and Content.
B. Commercial Use.
Users agree not to use the Service for any commercial purpose, including but not limited to use on behalf of or for third parties, or to give access to their account to third parties.
C. Modifying the Service.
Users agree not to alter or modify any part of the Service, except that that each User may modify or remove Content it has contributed.
D. Accessing Content.
Users agree not to access Content through any technology or means other than the Service itself, or other explicitly authorized means Resume.io may designate.
Users permit Resume.io to deliver to Users, and Users agree to receive, updates designed to improve, enhance and further develop the Service which, by way of example, may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
F. Harvesting and Solicitation.
Users agree not to collect or harvest any personal information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. Users agree not to solicit any User for commercial purposes with respect to their Content.
G. Discontinuation of Service..
Resume.io reserves the right to modify or discontinue any aspect of the Service in its sole discretion at any time.
H. Compliance with Laws.
In their use of the Service, Users agree to comply with all applicable local, national, and international laws and regulations.
V. User Content and Licenses
A. User Content.
Users that have created Resume.io accounts may submit Content on the Service, including videos and comments, if Resume.io so provides the opportunity. Users understand that Resume.io does not guarantee their intellectual property rights or any confidentiality with respect to any Content that Users submit.
B. License to Content.
Users retain all of their ownership rights in Content they publish on the Service. However, any materials, methodologies, implementation plans or other intellectual property Users use while interacting with the Website during the provision of the Service are the sole property of Resume.io and its licensors and are protected by applicable law. By publishing Content on the Service, Users hereby grant Resume.io a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare, and display Content in connection with the Service and Resume.io's (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Service. In addition to the foregoing, Users hereby grant each User of the Service a non-exclusive license to access User-published Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms.
C. Termination of Licenses.
The above licenses granted by Users for Content they publish on the Service are perpetual, but shall terminate within a commercially reasonable time after Users remove or delete such Content from the Service.
D. Third-Party Intellectual Property.
Users further agree that Content Users submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless Users have permission from the rightful owner of the material or Users are otherwise legally entitled to post the material and to grant Resume.io all of the license rights granted herein.
E. Infringement of Copyright.
Resume.io does not permit copyright infringing activities or infringement of intellectual property rights on the Service, and Resume.io will remove any Content if properly notified that such Content infringes on another's intellectual property rights.
F. Removal of Content.
Resume.io has no obligation to accept, display, review, monitor or maintain any Content submitted by Users. Resume.io reserves the right to remove any Content from the Service in its sole discretion at any time without prior notice, whether or not such Content violates these Terms.
VI. Restrictions on Users' Use of Content
In addition to the general restrictions in Section IV, the following restrictions and conditions apply specifically to Users' use of Content.
A. Resume.io is Not Responsible for Content.
Users understand that when using the Service, Users will be exposed to Content from a variety of sources, and that Resume.io is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Users further understand and acknowledge that by using the Service, Users may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Resume.io does not endorse any Content submitted to the Service by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Resume.io expressly disclaims any and all liability in connection with Content.
Content on the Service, and all trademarks, service marks and logos on the Service, are owned by or licensed to Resume.io, subject to copyright and other intellectual property rights under applicable law.
C. User Information.
Users may access Content for User information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms.
VII. Community Guidelines
A. Community Guidelines.
Users agree, in connection with visiting or posting Content or other material on the Service, not to:
- defame, libel, disparage, threaten, harass or intimidate anyone, including by the use of offensive Content related to race, national origin, sex, gender, sexual orientation or physical handicap;
- use or post any profane, obscene, pornographic or otherwise objectionable Content;
- promote or describe how to perform violence, illegal drug or substance abuse, or any other illegal activity;
- violate the personal, privacy, contractual, intellectual property or other rights of any person;
- reveal, with respect to personal or privacy rights, any personal information about another individual, including an address, phone number, email address, credit card number or other information that could be used to track, contact or impersonate that individual;
- trick, defraud, deceive or mislead Resume.io or other Users, such as by submitting false reports of abuse or misconduct to Resume.io's support services, disguising the source of materials or other information Users submit to the Service or using tools which anonymize Users' access the Service;
- use another User's account to access the Service without such other User's knowledge and/or permission;
- interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Service of other Users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as "spam" to other Users, overloading, flooding or mail-bombing the Service, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service;
- disparage, tarnish or otherwise harm, in Resume.io's opinion, Resume.io and/or the Service;
- upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as viruses, worms, Trojan horses, spyware, adware or any other malicious or invasive code or program;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover or copy any software, source code or structure that the Service utilizes to generate web pages or any software or other products or processes accessible through the Service;
- access or search (or attempt to access or search) the Service by any means, such as any automated system or unauthorized script or software, other than currently available, published interfaces provide by Resume.io, unless Users have been specifically allowed to do so in a separate agreement with Resume.io (note that crawling the Service is permissible in accordance with these Community Guidelines, but scraping the Service is expressly prohibited without the prior consent of Resume.io);
- remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Service or any website on which the Service is offered or on a third party website and/or Resume.io software on which Resume.io code is embedded or embeddable;
- remove, obscure or change any notice, banner, advertisement or other branding on the Service;
- submit any Content or material that falsely expresses or implies that such Content or material is sponsored or endorsed by Resume.io; or
- interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, such as probing or scanning the vulnerability of any system, network or breach.
Users that are aware of any violations of these Community Guidelines may notify us via the Contact Form listed in Section XII.
VIII. Term and Termination
Unless terminated by Resume.io, these Terms will remain in full force and effect while Users use the Service.
B. Termination by User.
Users may terminate their obligations under these Terms by deleting their accounts and all Content such Users have provided to Resume.io and thereafter ceasing to use the Service.
C. Termination by Resume.io.
Resume.io may at any time, without prior notice and in its sole discretion, terminate a User's accounts and access to the Service, and, if it determines that a User is a repeat infringer of these Terms, pursue other remedies available at law or at equity. Resume.io reserves the right to decide whether a User has violated these Terms for reasons other than copyright infringement.
Users' representations in these Terms, and any other provisions of these Terms which by their nature are designed to survive termination, shall survive any termination or expiration of these Terms.
IX. Ability to Accept Terms
Users affirm that they are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, Users affirm that they are over the age of 13, as the Service is not intended for children under 13. If Users are under 13 years of age, then they are not eligible to use the Service and must log off the Website immediately.
A. Informal Negotiation.
B. Binding Arbitration.
If Users and Resume.io are unable to resolve a Dispute through informal negotiations, either Users or Resume.io may elect to have the Dispute (except for those disputes expressly provided in Section X.D below) finally and exclusively resolved by confidential binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. USERS UNDERSTAND THAT ABSENT THIS PROVISION, USERS WOULD HAVE THE RIGHT TO SUE IN COURT AND, WHERE APPLICABLE, HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under Dutch law and in accordance with the Dutch Arbitration Act. The determination of whether a Dispute is subject to arbitration shall be governed by the Dutch Arbitration Act and determined by a court of proper jurisdiction rather than an arbitrator. Users' arbitration fees and share of arbitrator compensation shall be governed by the Dutch Arbitration Act. Each party shall have the right to participate in an arbitration in person or by video conference to minimize travel and expense burdens. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged within a reasonable period of time, in any event not to exceed 30 days, if the arbitrator fails to do so. Except as otherwise provided in these Terms, Users and Resume.io may litigate in any court located in the jurisdiction set forth in Section XI.A to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator may be entered and enforcement obtained thereon in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary for a court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Subject to these Terms, the arbitrator shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance.
C. No Class Actions.
Users and Resume.io agree that any arbitration shall be limited to the Dispute between Resume.io and each individual User. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) no Dispute between Users and Resume.io is to be arbitrated on a class-action basis or will utilize class action procedures; and (iii) Users may not bring any Dispute in a purported representative capacity on behalf of the general public or any other persons.
D. Exceptions to Arbitration.
Users and Resume.io agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Dispute seeking to enforce or protect, or concerning the validity of, any of Users' or Resume.io's intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief.
Subject to the arbitration provisions set forth in Section 10, any Dispute between Users and Resume.io shall be decided exclusively in the Netherlands by a court of competent jurisdiction. Users agree that the Service shall be deemed to be solely based in the Netherlands.
B. Statute of Limitations.
USERS AND Resume.io AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE ALLEGED CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
C. Governing Law.
These Terms shall be governed by Dutch law, without respect to its conflict of laws principles.
D. Entire Agreement.
E. Waiver and Severability.
No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, Resume.io's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is deemed invalid by a court of 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.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by Users, but may be assigned by Resume.io without restriction.
G. Notice to California Users.
Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 1254 or (800) 952-5210.
XII. How to contact us
If you have any questions about these Terms, or have any feedback, comments or requests for technical support, please contact us by email on the Contact Form on the Website at https://resume.io/contact
or by mail addressed to:
Resume.io // Imkey BV
4811 ZD Breda
These Terms were last updated
on May 21, 2016