THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF Worky ("Worky") AND THE JOB SEARCH AND CANDIDATE SEARCH SERVICES AVAILABLE ON THIS SITE (THE "SERVICES"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT Worky MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. This Site and the Services are intended for use by individual candidates looking for employment and for employers and recruiters seeking candidates for employment.

General Use Restrictions

All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Worky. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

Worky grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the Worky copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Worky may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If Worky becomes aware of any of the foregoing activities, Worky may investigate and may respond, and when appropriate, Worky may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that Worky expressly prohibits and you agree not to:

• Provide any false or misleading information about your identity or employment information provided by you to Worky in relation to your use of or access to the Site and/or Services;
• Post any false or inaccurate Submissions (defined below) or information;
• Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
• Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
• Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact.
• Post any job or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement.
• Use the Site, Services and/or Materials for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users' employment opportunities.
• Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.
• Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorization of such other user.
• Take any action that imposes an unreasonable or disproportionately large burden on Site's infrastructure.
• Include any misleading, irrelevant and/or hidden keywords in any Submissions posted by you.
• Frame or link to the Site of any of the content or information available from the Site unless Worky expressly consents to such linking and/or framing.
• Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service;
• Use any robot, spider or other program or device to retrieve or index any portion of the Worky Site;
• Harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.
• You may not post personally identifiable information (including without limitation, name, address, email address, phone number) about another member or any other individual without their express prior written consent.
• You agree not to impersonate any Worky staff member. You also agree not to impersonate any other Worky member.
• You may not post email content from private parties.
• You agree that Worky reserves the right to remove any content from the Site, for any reason in its sole discretion as it may deem appropriate.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Worky reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site and/or Services or to edit, remove or close any Submission for any reason, including, without limitation, any action that Worky, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user. If Worky finds that you are abusing the private message and/or email system of Worky, Worky may, without limitation of other available remedies, suspend or terminate your account.

The foregoing prohibitions do not impose on Worky, and Worky does not assume, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other member. You hereby acknowledge and agree that you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND Worky LTD. WILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at you own risk and Worky is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

Account Registration and Password Protection

Prior to gaining access to certain Services on the Site, Worky will require you to set up a user name and password (the "Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by Worky from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by Worky at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform Worky immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.

Third Party Content

Third parties may provide certain information and content to Worky ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. Worky DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which Worky does not have control ("External Web Sites"). Such links do not constitute an endorsement by Worky of those External Web Sites. You acknowledge that Worky is providing these links to you only as a convenience, and further agree that Worky is not responsible for the content of such External Web Sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Privacy Policy

Your use of the Site is governed by the Worky Privacy Policy that is available at http://worky.com/index/privacy-statement (the "Privacy Policy").

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site (each a "Submission"), and that you, and not Worky, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that Worky shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Site, you grant Worky a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, Worky agrees to use your information in accordance with Worky's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO Worky. Notwithstanding the foregoing, you hereby assign to Worky all right, title and interest in and to any new feature that you may suggest or submit to Worky and you acknowledge and agree that Worky may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Worky or others used on this Site and in the Services are the property of Worky or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of Worky or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Worky, Copyright © 2008-2009, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification

You agree to defend, indemnify and hold harmless Worky and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Worky, and agree that Worky does not warrant the accuracy or timeliness of the Materials and further agree that Worky has no liability for any errors or omissions in the Materials, whether provided by Worky or its licensors.

Worky, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. Worky PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.

Limitation of Liability

NEITHER Worky NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF Worky WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Refund Policy

From time to time, at your own discretion, you may choose to avail for paid services offered to you by Worky. By purchasing such services, you agree to use them and abide by the Terms set forth herein. At the time of purchase of these services you will be informed of any expiration terms or length of availability of these services to you and agree that these items may expire if left unused by you. Worky does not issue refunds for any of these expired paid services, nor does it offer refunds with respect to any of these services. If you have reason to enquire about any aspect of this you agree to submit such enquiry in writing to Worky. Submission of such enquiry does not imply any direct action be taken by Worky with respect to these enquiries but Worky will endeavour to read and respond to them. If you fail to provide timely payment for any of these paid service offered to you by Worky, Worky reserves the right to terminate such services as it sees fit.

Copyright

Worky respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide an email to copyright@worky.com with the following information:

• an electronic or physical signature of 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 Site;
• 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;
• 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 authorized to act on the copyright owner's behalf.