Terms of Service

Introduction to Codemithra’s Terms of Use

 

This Privacy and Security Policy is provided for the benefit of customers and clients of Ethnus Consultancy Services Private Limited. (“Ethnus”) as well as other consumers and parties who use Ethnus and/or its website(s), particularly codemithra.com (“Website”, “www.codemithra.com”, “Codemithra” or “Ethnus Codemithra”), and/or applications (“Apps”) (collectively, “Ethnus Services” or “Ethnus Platform”).

Since Ethnus serves several different audiences, customers find it helpful to read the Terms of Use that apply specifically to them based upon the purpose for which they use Ethnus. For this reason, we link to three separate agreements below for employer customers, job seeker customers, and staffing customers, respectively.

For your convenience, we define each of these audiences that Ethnus serves as follows:

“Employer Customer” means an entity using Ethnus Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.

“Job Seeker Customer” means an individual using Ethnus Services who is seeking to be employed as an employee or independent contractor by an employer.

“Staffing Customer” means a staffing company using Ethnus Services that provides staffing services to their own Staffing Clients.

So long as your use of the Ethnus website and services remains within the scope of the particular audience or customer for which you began using Ethnus (e.g. a job seeker does not use Ethnus as an employer, or an employer does not use Ethnus as a job seeker), the complete Terms of Use applicable to your use of the Ethnus website and services is contained within the applicable Terms of Use linked below.

Employer Terms

Job Seeker terms

Staffing Terms

 

Employer Terms of Use

The following Terms of Use apply to any Ethnus Employer Customer seeking to hire employees or independent contractors for its own business.  If you seek to find employees or independent contractors for the benefit of your clients (and not yourself), you need to review the Terms of Use specifically for our Ethnus Staffing Customers accessible at www.Codemithra.com/terms/staffing.

Ethnus, Inc. (“Ethnus”) provides online services through which employers and staffing companies seeking employees and independent contractors can efficiently and effectively review and interview candidates.  Ethnus provides these services and its suite of features and products through its Apps and Website (collectively, “Ethnus Services”) subject to these terms of use (“Terms of Use”) and the agreements incorporated herein.

Your privacy is very important to us. We designed our accompanying Privacy and Security Policy to provide important disclosures about how your information will be used by Ethnus in providing you Ethnus Services.  These Terms of Use expressly incorporate our Privacy and Security Policy.

 

Please read these Terms of Use and our Privacy and Security Policy carefully before using any of the diverse Ethnus Services.  By visiting the Website, installing any of the Apps, and/or using any of the Ethnus Services, you shall have affirmed your agreement to these Terms of Use.

 

  1. Definitions
  2. Modifications – Will Ethnus ever modify these Terms of Use?
  3. Ethnus Services – What are the Ethnus Services?
  4. Video Content and Services – How and when do you record videos?
  5. Pricing, Payments, and Billing – How and when will I be billed for Ethnus Services?
  6. Customer Conduct
  7. Objectionable Content – What if I find content to be objectionable?
  8. Intellectual Property
  9. DMCA Policy
  10. Reserved for Future Use
  11. Resale of Services
  12. Indemnification
  13. Disclaimer of Warranties
  14. Third Party Links and Products
  15. Limitations of Liability
  16. Exclusions and Limitations
  17. General Terms

1. Definitions

“Account” means “Ethnus Account.”

“Apps” means any applications developed by Ethnus.

“App Services” means any content and services provided by Ethnus through its Apps.

“Consumer” means any individual or entity that uses any of the Ethnus Services. Where applicable, the term “Consumer” shall encompass all Ethnus Customers.

“Content” means all material, whether publicly posted or privately transmitted, available on or through any of the Ethnus Services.

“Customer” means, for purposes of this Terms of Use, You, an Employer Customer.

“Customer Content” means any Content uploaded to and/or created through the Ethnus Services by a Ethnus Customer.

“Employer Customer” means an entity using Ethnus Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.

“Job Seeker Customer” means an individual using Ethnus Services who is seeking to be employed as an employee or independent contractor by an employer.

“Profile Video” means a promotional video created by a Job Seeker Customer to promote themselves as a candidate employee and/or independent contractor.  It is not an interview. The Job Seeker Customer completes this independently and on their own.

“Ethnus Account” means an account associated with a Ethnus Customer who uses or has used Ethnus Services.

“Ethnus Content” means any Content excluding Customer Content and Video Content in which Ethnus does not participate.

“Ethnus Customer” means any person who uses or has used Ethnus Services including, but not limited to, Employer Customers, Job Seeker Customers, and Staffing Customers.

“Ethnus Services” means the suite of features, products and services offered through Ethnus, its Apps, its App Services, the Website, and the Website Services.

“Ethnus Trademarks” means any trademarks, tradenames, logos, and other commercial designs of Ethnus or licensed to Ethnus, whether or not formal registration exists including, but not limited to, “Ethnus.”

“Staffing Clients” means third-party employer clients of Staffing Customers.

“Staffing Customer” means a staffing company using Ethnus Services that provides staffing services to their own Staffing Clients.

“Strategic Partners” means those trusted partners that Ethnus employs, engages, or retains to perform functions and/or provide services on its behalf.

“Sub Accounts” means subsidiary accounts created for or by an Employer Customer or Staffing Customer (“such as a consultant group or employer”) under its primary account.

“Username” means the valid email address provided by each Ethnus Customer to be used as their username or login identification.

“Video Content” means any video content created by or associated with any Ethnus Customer accessible on and through Ethnus Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos.

“Video Interview” means an interview completed through Ethnus Services using a video or “web” camera that an Employer Customer or Staffing Customer requests a Job Seeker Customer complete.  A Video Interview may involve a Job Seeker Customer alone or with other participants from an Employer Customer or Staffing Customer. A Video Interview may be pre-recorded by a Job Seeker in response to questions or occur live at which time it would be recorded.

“Video Question” means a question recorded in video and audio that can be sent to potential employee and independent contractor candidates by an Employer Customer or Staffing Customer.

“Website” means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name Codemithra.com.

“Website Services” means the services provided by Ethnus through the website at the domain name Codemithra.com, hire.li, and any of our other websites that may be used from time to time.

2. Modifications to Terms of Use.

2.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, You understand that Ethnus may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time.

2.2 Should Ethnus alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:

(A) Posting the new Terms of Use to the Website, particularly Codemithra.com/terms;

(B) Sending you electronic mail to the email address you provided when creating your account (where available and applicable) or other means pursuant to these Terms of Use; and/or

(C) As otherwise required by law.

2.3 If we inform you that the Terms of Use have been modified, you may elect to terminate use of any of the Ethnus Services subject to these Terms of Use (particularly, there are no refunds). 

2.4 If you continue to use any of the Ethnus Services after receiving notice that these Terms of Use have been modified, any continued use shall constitute acceptance of the modified Terms of Use and be subject to them.

2.5 We may ask that you acknowledge your agreement to any modified Terms of Use.  However, even if we do not do so, your continued use of Ethnus Services will be subject to the modified terms.

2.6 You agree to review these Terms of Use and the incorporated documents periodically to be updated of any such changes.

2.7 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly without passing through certain preceding pages (“bookmarking”) may under certain circumstances cause you to bypass links to these Terms of Use. Should you use such bookmarks and skip links to modified Terms of Use, your continued use still constitutes acceptance of these Terms of Use.

3. Ethnus Services.

3.1 Ethnus provides Internet based services through which employers and staffing companies seeking employees and independent contractors can efficiently and effectively review and interview candidates.

3.2 Ethnus provides Ethnus Services through its Apps and Website, and all other suite of features, products and services offered through Ethnus from time to time.

3.3 Ethnus will not sell any customer or consumer content or information to any third party.

3.4 Video Content and Services.

Ethnus provides its Ethnus Customers a variety of video options and tools to use in association with the Ethnus Services.  If you choose to use your webcam and microphone through Ethnus Services for audio and video communications, you authorize Ethnus to allow others to see and hear you through the audio and video obtained through these devices.  You also authorize Ethnus to record and store such information on its servers in your Account.

Ethnus will not use your recorded content for any purpose unrelated to your Account. Of course, any individuals to whom you display such content will be able to hear and see such content.

Apart from those to whom you authorize access. Ethnus will not share or provide access to your content to any third party absent a subpoena or court order.  And, should Ethnus ever be subpoenaed for content associated with your Account, Ethnus shall provide you notice and an opportunity to file a motion objecting to any disclosure.

Given you will be using Ethnus Services for employment related purposes, you agree not to use any content or information obtained in violation of any applicable laws.  Ethnus cannot advise you or provide you guidance on these laws.

Job Seekers are expressly prohibited from creating their own recordings of Video Interviews.  Ethnus employs reasonable measures to prevent any unauthorized recording of Video Interviews.

Ethnus may add additional types of video content from time to time.

3.5 No Guarantees of Employment.

Ethnus is not an employment agency.  Ethnus does not make any representations as to the qualifications of any individual, entity or employer.

Additionally, where an individual, entity, group or employer successfully secures employment, Ethnus makes no guarantees or representations as to the satisfaction of such employment.

Additionally, Ethnus does not guarantee that any individual or entity will find employment or an employee through Ethnus Services.

3.6 Deletion of Content.

Except as provided elsewhere in these Terms of Use, all Customer Content and Video Content will no longer be accessible to you upon deletion or termination of your Account.

Where a Job Seeker requests that any video interviews and/or related information be deleted pursuant to these Terms, our Privacy and Security Policy, and/or pursuant to governing law (eg the GDPR), Ethnus, as the data processor, will send you, as the data controller, the request to approve or deny. If you approve the request, we shall comply with the request. If you deny the request, we shall inform the job candidate and provide information on how to proceed further (namely, we will explain that the dispute remains with you and not Ethnus).

3.7 Sub-Accounts. Depending on the plan purchased, you may be able to create sub accounts (“Sub Accounts”) for use by individuals you authorize.  If you create Sub-Accounts, you agree to create a separate Sub-Account for each authorized individual. You also agree to only allow authorized individuals to obtain a Sub-Account and ensure they understand and agree to these Terms of Use.

3.8 Changes to Service. Ethnus reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the Ethnus Services, in whole or in part. Any modifications to any of the Ethnus Services, including the releases of new features, tools or resources, shall be subject to these Terms of Use and incorporated policies.  Sometimes, updates to Ethnus’s Software and/or code may require your computer to install additional third party software. Ethnus will provide you with notice of any major changes or modifications in the same manner as described in Section 2. Absence of any notice beyond changes in the Ethnus Services shall not affect the enforceability of these Terms of Use.

4. Pricing, Payments, and Billing

4.1 Pricing. Ethnus reserves the right to change the prices for any of the Ethnus Services including, but not limited to, any prices associated with subscription service plans at any time.  Should Ethnus change any pricing, Ethnus shall provide its existing Ethnus Customers with at least thirty (30) day’s notice consistent with Section 17.17.

4.2 Method of Payments. To purchase Ethnus Services, you must provide Ethnus with a valid credit card or account debit information.  Ethnus presently accepts payments from Ethnus Customers using a secure connection. Ethnus reserves the right to choose the forms of payment accepted for Ethnus Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments.

4.3 Advance Billing.

Ethnus bills in advance for Ethnus Services on a recurring basis.  Ethnus may, in its sole discretion, provide you with monthly, quarterly, semi-annual, and/or annual subscription service plans from which to choose, depending on your payment method, account history, and/or account preferences.

Should Ethnus provide you with a subscription service plan that encompasses more than one month (quarterly, semi-annual, or annual), Ethnus may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and/or account preferences.

By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize Ethnus to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen Ethnus Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded.

Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.

4.4 Renewals. For the convenience of its Ethnus Customers, Ethnus automatically renews subscription plans.

4.5 No Refunds. Ethnus does not refund purchased services. Consequently, there will be no refunds for periods where Ethnus Services were unused should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans.  Moreover, should you enter into a quarterly, semi-annual, or annual subscription plan wherein you make monthly payments, you agree to make monthly payments for the entire term of your subscription plan whether you use or cancel the Ethnus Services prior to the expiration of your subscription.  Consequently, Ethnus cannot cancel or refund monthly payments associated with subscription plans.

4.6 Timing of Payments. Payments must be authorized and/or made at the time of purchase.  Where you enter into a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.

4.7 Taxes and Other Excluded Fees. Payments for Ethnus Services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.

4.8 Insufficient Funds and Chargebacks. Ethnus processes all payments to it through a third party.  Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or Ethnus.

5.  Conduct

5.1 Lawful Purposes.

Ethnus Services shall be used for lawful purposes only.

You hereby affirm that your organization is an equal opportunity employer, offering employment without regard to race, color, religion, sex, national origin, age, sexual orientation, disability, citizenship, or any other protected class of individuals unless legally required.

You shall be responsible for complying with all applicable regulations, statutes, laws and guidelines relating to hiring, interviewing, and recruiting employees as well as any matters related thereto.

5.2 Accurate Information. You agree to provide Ethnus with true, accurate and current information as requested when registering for Ethnus Services and/or purchasing products from Ethnus.

5.3 At time of registration, you must provide certain information that identifies you to other Ethnus Customers.  In doing so, you may not violate a third party’s intellectual property rights or use names that happen to be offensive or inappropriate.

5.5 You shall be solely and entirely responsible for any and all use of the Ethnus Services through your Account.  Consequently, we recommend and require that:

(A) You not permit any other person to use your Ethnus Account, except for those authorized individuals provided with their own Sub Accounts;

(B) You do not assign or transfer your Account or its login information to any other person or entity; and,

(C) You promptly inform Ethnus of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Ethnus Account or its login information.

5.6 Reserved for Future Use.

5.7 You agree that you shall not use Ethnus Services for any of the following:

5.7.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;

5.7.2 Intentionally violating any intellectual property rights of a third party;

5.7.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;

5.7.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Ethnus in its sole discretion;

5.7.5 Posting or transmitting, or causing to be posted or transmitted, via the Ethnus Services any nudity;

5.7.6 Posting or transmitting, or causing to be posted or transmitted, via the Ethnus Services any spam;

Ethnus maintains a strict policy forbidding any spam or misuse of email services within its Ethnus Services.

5.7.7 Posting or transmitting, or causing to be posted or transmitted, via Ethnus Services any materials advertising any business other than Ethnus;

Additional and/or different rules may apply in the event Ethnus dedicates a special forum in the future to the promotion and/or offering of services by Ethnus Customers.

5.7.8 Seeking to obtain private financial information from any Consumer;

5.7.9 To impersonate any other person;

5.7.10 To provide any false information;

5.7.11 Registering or attempting to register an account with Ethnus without its express authorization after having been terminated or suspended by Ethnus for any reason; and/or

5.7.12 Interfering with Ethnus’s security measures.

5.7.13 Circumventing and/or violating any person’s privacy rights.

5.7.14 Attempting to engage in any prohibited conduct.

5.8 Should you believe that a Ethnus Customer or person has violated any of the foregoing prohibited uses in 5.7, you should immediately notify Ethnus via info@codemithra.com.

5.9 Upon learning of any error, omission or violation of these Terms of Use by any other third party, you shall immediately notify Ethnus via info@codemithra.com.

5.10 You assume all liability for anything purchased using Ethnus Services through your Account, whether intended for you or for a third party.

5.11 Cancellation of Account.

You may cancel your Account at any time. Before doing so, Ethnus recommends you review these Terms of Use carefully so you understand what will occur upon cancellation particularly in relation to payments for Ethnus Services.

To effectively cancel your Account, please contact us at info@codemithra.com for assistance.  Upon doing so, the cancellation of your Account will take place promptly.

Upon cancellation, all of your Content may be deleted permanently. Ethnus shall not be responsible for the loss of any Content due to the cancellation (or termination) of a Ethnus Account.

Ethnus is not responsible should an Account remain active if the cancellation procedure described above is not followed.

5.12 Termination of Account.

Ethnus reserves the right to refuse its Ethnus Services to anyone should it believe that the Ethnus Services have been abused. For a non-exclusive list of what Ethnus considers abuse, you should refer to Section 5.7 above. Though specific prohibited items have been listed, Ethnus reserves the right to consider any action or conduct inconsistent with the intended use of Ethnus Services to constitute abuse.

Should Ethnus believe that the Ethnus Services have been, will be, or are being used for any unlawful purpose and/or used in violation of any of these Terms of Use or any other Ethnus agreement or policy, Ethnus may (a) terminate an account immediately; (b) refuse its Ethnus Services to anyone; and/or (c) take any further action as permitted by law.

Additionally, Ethnus may terminate a Ethnus Account immediately in the event that Ethnus believes, in its sole discretion, that a Ethnus Customer is “flooding” the Ethnus Services.

Ethnus also reserves the right to suspend or terminate a Ethnus Account should Ethnus become involved in pending litigation or other similar dispute with a Ethnus Customer in relation to the Ethnus Account, or for any other reason. Should a Ethnus Customer become involved in litigation or other similar dispute in relation to a Ethnus Account, Ethnus also may suspend or terminate the Ethnus Account immediately and without notice.  Where Ethnus merely becomes involved in a dispute as the third party escrow for information at issue between you and a job candidate, the account will not be cancelled or suspended.

Should Ethnus become aware of litigation relating to a Ethnus Account, Ethnus reserves the right to preserve content associated with the Ethnus Account.

5.13 Consequences of Termination.

Should your Account become terminated, Ethnus may, in our sole discretion and without liability to You, remove and discard any information associated with your account including, but not limited to, any Content or Customer Content.

Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination.

Ethnus shall not be liable to you or any third-party for any termination of your Account or your use of the Ethnus Services.

Any Ethnus Customer whose Account has been terminated by Ethnus may not access the Ethnus Services without the prior express written permission of Ethnus.

There shall be no refunds for any use of Ethnus Services terminated as a result of a breach of these Terms of Use.

Ethnus may also refuse registration, terminate an account, and/or refuse Ethnus Services to any person who registers or attempts to register an account with Ethnus without authorization after having had an account previously suspended or terminated by Ethnus. In particular, should Ethnus identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.

5.14 Should the Ethnus Services become terminated globally for any reason, all Ethnus accounts shall be terminated immediately, without any prior notifications by Ethnus.

6. Objectionable Content.

Ethnus does not endorse any Customer Content made available via Ethnus Services.  Ethnus reserves the right, but not the obligation, to delete posts and/or Content that it believes, in its sole discretion, violate these Terms of Use.  However, the failure of Ethnus to delete any post and/or Content does not constitute an endorsement of it.

Ethnus is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Ethnus Customers.  If you believe any Content violates your rights or those of a third party in any way, you may contact Ethnus via info@codemithra.com.

7. Intellectual Property Rights

7.1 Software. Ethnus Services and any necessary software used in connection with the Ethnus Services (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. Ethnus or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by Ethnus or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.

7.2 Copyright.

Ethnus shall possess and retain all copyrights to content created by Ethnus (“Ethnus Content”).  Ethnus may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.

You shall possess and retain all interest in your Video Content.  However, you may only download Video Interviews if you purchase an annual subscription.  Otherwise, you will have access to your Video Interviews, but cannot download them to your computers.  Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account.   All copyrights in Customer Content shall remain with the applicable owners of such copyrights.

By using Ethnus Services, you provide Ethnus a license to use your Customer Content and Video Content for purposes of providing Ethnus Services in relation to your Account. You may link to our Website from your own websites and other third party websites, so long as you do so in accordance with these Terms of Use.  However, you may not frame any elements of Ethnus Services within any other website.

Your use of any third party software or content obtained through the Ethnus Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the Ethnus Services except as expressly authorized under the applicable third party provider’s terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers’ terms of use or license agreement, do not download or use the third party software or content.

7.3 Trademarks.

You agree to not use Ethnus Trademarks or any mark that is confusingly similar to such trademarks.  Nothing on or through the Ethnus Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Ethnus Trademarks.  Ethnus reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.

For purposes of displaying your Account and content associated with it, you permit Ethnus to use your name and trademark, if applicable.  You also allow Ethnus to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, Ethnus will remove your name and/or trademark except as necessary to continue providing you with Ethnus Services.

All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Ethnus.  You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Ethnus Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws

7.4 Destruction of Materials. Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.

7.5 Limited License. All Ethnus Content is the proprietary property of Ethnus and/or its licensors, with all rights reserved. No Ethnus 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, without Ethnus’s prior written permission. Provided that you are eligible for use of Ethnus Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the Ethnus Services and the Ethnus Content, including a limited license to download or print a copy of any portion of the Ethnus Content to which you have properly gained access solely for your use in relation to the Ethnus Services. You may not upload or republish Ethnus Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Ethnus Services or Ethnus Content without the prior written permission of Ethnus, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

7.6 Unauthorized Access or Circumvention. As stated above, Ethnus takes the privacy of its Ethnus Customers very seriously.  In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers.  Should any person attempt to obtain or obtain unauthorized access to Ethnus servers and/or should any Ethnus Customer attempt to exceed or exceed his/her/its authorized access to Ethnus servers, Ethnus shall consider such conduct to violate the laws of the land and seek legal recourse for both civil and criminal penalties.  Ethnus considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct. Moreover, Ethnus shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as wilful cooperation in such conduct.

7.7 Job Seeker Content and Information.

Ethnus does not own any job candidate content or information. The ownership of this content and information can vary depending on circumstances. Indeed, the laws related to privacy of consumer information often intersect and overlap with those relating to the privacy and ownership of employee information. In particular, the GDPR provides EU consumers with certain rights related to their personal information. At the same time, employers possess rights and obligations to retain certain employee and job candidate information. Should Ethnus receive any request relating to job candidate content and information from that job candidate, Ethnus will forward the request for you, the employer, to process. Absent a court order or clear indication of applicable law, Ethnus will thereafter defer to and comply with the employer direction. In so doing, however, Ethnus reserves the right to fully inform any job candidate of their respective rights and how to address such a dispute. Finally, as the employer, you affirm that any direction you provide to Ethnus shall be based on a good faith interpretation of then existing laws applicable to you and the job candidate. Pursuant to Paragraph 11 below, you shall indemnify Ethnus for any consequence of its compliance with your direction as to job candidate requests related to their content and information.

8. DMCA Policy

8.1 Ethnus respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through Ethnus Services any materials that violate another party’s intellectual property rights. When Ethnus receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).

8.2 If you believe that any material on or through the Ethnus Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.

8.3 If you believe that your own copyrighted work is accessible on or through the Ethnus Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:

(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Ethnus can locate the material;

(B). Identify the URL or other specific location on the Website or Ethnus Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;

(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

(D). Include 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;

(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf; and,

(F). Include your name, mailing address, telephone number and email address.

8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:

 

 

Ethnus Consultancy Services Pvt. Ltd.

No.151/17/1, SST Chambers, Second Floor, 36th Cross Road, Jayanagar 5th Block, Bengaluru 560041, India

Attention: NOTICES

email: info@codemithra.com

8.5 Ethnus has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Ethnus may also in its sole discretion limit access to the Ethnus Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

9. RESERVED FOR FUTURE USE

10. RESALE OF SERVICE

Unless otherwise agreed to in writing by Ethnus, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to Ethnus Services.

11. INDEMNIFICATION

You agree to indemnify and hold Ethnus (as defined in 14.1.3) harmless against and from any claim, demand, expenses, or losses, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against Ethnus due to or arising out of: (A) your use of and/or connection to the Apps, Website, and/or Ethnus Services; (B) your sharing of any content obtained through use of the Apps, Website, and/or Ethnus Services to any third party; (C) the use of any content downloaded from the Apps, Website, and/or Ethnus Services to your computer and/or servers; (D) your violation of these Terms of Use; (E) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Apps, Website, and/or Ethnus Services; (F) any misuse, intended or unintended, of any Video Content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom information is provided; or (G) your violation of any rights of any other individual or entity, whether you are a registered user or not. You are responsible for your actions when using the Apps, Website, and/or Ethnus Services, including, but not limited to, costs incurred for Internet access.  In all cases, Ethnus shall have the right to choose its own counsel.

12. DISCLAIMER OF WARRANTIES

12.1 THE APPS, WEBSITE, AND/OR Ethnus SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

12.2 Ethnus SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPS, WEBSITE, AND/OR Ethnus SERVICES:

THE ABILITY OF THE APPS, WEBSITE, AND/OR Ethnus SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;

ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;

ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

ANY WARRANTIES OF NON-INFRINGEMENT; AND

ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF Ethnus IN THE APPS, WEBSITE, AND/OR Ethnus SERVICES, OR ANY WARRANTY THAT THE APPS, WEBSITE, AND/OR Ethnus SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

12.3 Ethnus IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, Ethnus IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.5 Ethnus MAKES NO WARRANTY THAT THE APPS, WEBSITE, Ethnus SERVICES, AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.

12.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APPS, WEBSITE, AND/OR Ethnus SERVICES.  HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE Ethnus SERVICES, OR OTHER INTERACTION WITH THE Ethnus SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE Ethnus SERVICES. WE DO NOT WARRANT THAT (i) THE Ethnus SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE Ethnus SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Ethnus SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Ethnus SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

12.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES.

13. THIRD PARTY LINKS AND PRODUCTS

13.1 IN CONNECTION WITH THE Ethnus SERVICES, Ethnus MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.

13.2 Ethnus NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.

13.3 Ethnus IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.

13.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.

13.5 Ethnus SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

13.6 THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.

13.7 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY Ethnus, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. Ethnus SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.

14. LIMITATION OF LIABILITY

14.1 GENERAL TERMS.  FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:

14.1.2 “DAMAGES” SHALL INCLUDE ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND/OR ANY OTHER DAMAGES OR INTANGIBLE LOSS. THE TYPE OF DAMAGES TO WHICH THESE LIMITATIONS OF LIABILITY APPLY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF BUSINESS PROFITS OR LOST SAVINGS, LOSS TO GOODWILL, LOSS ARISING FROM BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, LEGAL FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, PARALEGAL FEES, AND OTHER COSTS AND EXPENSES), AND/OR ANY OTHER KIND OF DAMAGE OR LOSS.

14.1.3 “Ethnus” SHALL MEAN Ethnus; ITS SUBSIDIARIES; AND, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

14.1.4 “STRATEGIC PARTNERS” SHALL MEAN CO-BRANDERS, SUPPLIERS, VENDORS, AND OTHER PARTNERS USED BY Ethnus AS WELL AS THEIR SUBSIDIARIES, PARENTS, OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

14.1.5 THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF WHETHER CAUSED BY Ethnus OR ANY PART OF Ethnus AS DEFINED ABOVE.

14.1.6 THESE LIMITATIONS OF LIABILITY APPLY TO ALL CLAIMS, CAUSES OF ACTION, AND/OR FORMS OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.

14.1.7 THESE LIMITATIONS OF LIABILITY APPLY EVEN IF Ethnus WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.

14.2 YOU AGREE THAT Ethnus AND ITS STRATEGIC PARTNERS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGES AS DEFINED ABOVE ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE APPS, WEBSITE, AND/OR Ethnus SERVICES.

14.3 YOU AGREE TO EXCUSE Ethnus AND AGREE THAT IT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILABILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURRENCES.

14.4 YOU AGREE THAT Ethnus SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APPS, WEBSITE, AND/OR Ethnus SERVICES. SIMILARLY, Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.

14.5 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH:

14.5.1 THE USE OF OR THE INABILITY TO USE THE Ethnus SERVICES; 

14.5.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Ethnus SERVICES;

14.5.3 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA;

14.5.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Ethnus SERVICES;

14.5.5 THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION;

14.5.6 THESE TERMS OF USE; OR

14.5.7 ANY OTHER MATTER RELATING TO THE Ethnus SERVICES.

14.6 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE.  WHERE ANY COURT OF COMPETENT JURISDICTION LIMITS THE ABILITY OF Ethnus TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT Ethnus SHALL BE LIABLE TO YOU FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS YOU PAID TO Ethnus.

14.7 IF YOU ARE DISSATISFIED WITH THE APPS, WEBSITE, AND/OR Ethnus SERVICES, OR YOU HAVE ANY DISPUTE WITH Ethnus IN CONNECTION WITH THE SAME OR THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE APPS, WEBSITE, AND/OR Ethnus SERVICES.

14.8 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY CURRENT, FORMER, AND/OR POTENTIAL EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-STAFFING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR Ethnus SERVICES.

14.9 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES. PARTICULARLY, Ethnus SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY CUSTOMER.

14.10 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES DELIVERED TO STAFFING CLIENTS. PARTICULARLY, Ethnus SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY STAFFING CLIENTS.

14.11 YOU AGREE THAT Ethnus AND ITS STRATEGIC PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.

14.11.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE APPS, WEBSITE, AND/OR Ethnus SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (2) THAT THE FUNCTIONS PERFORMED BY THE APPS, WEBSITE, AND/OR Ethnus SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE Ethnus SERVICES WILL BE CORRECTED.

14.11.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE APPS, WEBSITE, AND Ethnus SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

15.EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.

16. RESERVED FOR FUTURE USE.

17. General Provisions

17.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.

17.2 Applicable Law. These Terms of Use shall be construed and enforced at Bangalore without regard to its conflicts of laws provisions. Similarly, the courts of Bangalore (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and Ethnus. You agree to submit to the personal and subject matter jurisdiction of the courts located Bangalore. You also agree the venue for any action, dispute or proceeding with respect to this Agreement or any dispute between you and Ethnus shall be Bangalore. You further waive all defences to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens.

 

 

17.3 Arbitration Clause.

Except with respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield (see below), any dispute, claim, or controversy arising out of these Terms of Use, the Apps, Website, and/or Ethnus Services shall be settled by arbitration in Bangalore. Such arbitration shall be conducted in accordance with the Comprehensive Arbitration and Conciliation Act 1996. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated.

A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by ICADR. The arbitrator may award legal fees (including, but not limited to, attorneys’ fees, paralegal fees, etc.), expenses, and costs as part of the award.

Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.

Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.

With respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield, we direct you to Section 6 of our Privacy and Security Policy entitled Dispute Resolution. Should you have any questions, please contact us at info@codemithra.com.

17.4 Class Actions Waived. You expressly waive any right to participate in any class action against Ethnus for any claims related to the Apps, Website, and/or Ethnus Services. In fact, by using the Apps, Website, and/or Ethnus Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to resolve any claims through class actions against Ethnus.

17.5 Entire Agreement. These Terms of Use, as they shall be modified from time to time, constitute the full and complete understanding among them with respect to the subject matter hereof and supersede and pre-empt any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of these Terms of Use.  Indeed, you affirm that you are not relying upon any verbal or written representations whatsoever, except as expressly set forth in these Terms of Use.

17.6 Incorporation Clause. These Terms of Use expressly incorporate the terms provided for in Ethnus’s Privacy and Security Policy, its Data Protection Agreement, and related terms and documents.

17.7 Intentionally Omitted.

17.8 Independent Parties. You and Ethnus are independent parties and nothing contained in these Terms of Use shall be construed or implied to create any agency or partnership between you and Ethnus. At no time shall you or Ethnus act as an agent for or make commitments for or in the name of the other party.

17.9 Trial Waived. As provided in the Arbitration Clause above, you acknowledge that all disputes with Ethnus shall be resolved through arbitration. Should any arbitration or court find such restriction unenforceable and/or should any dispute appear before a court, you expressly waive any right to a trial in any action against Ethnus for any claims related to the Apps, Website, and/or Ethnus Services. In fact, by using the Apps, Website, and/or Ethnus Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to obtain a trial in any action against Ethnus.

17.10 Legal Advice Not Provided. You acknowledge and agree that Ethnus has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations.  You agree not to construe any Ethnus communications as legal advice.

17.11 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe these Terms of Use or otherwise be given any legal effect.

17.12 Reasonableness. The Parties have read each of the terms in these Terms of Use and consider each of them, including all subparts, to be reasonable.

17.13 Savings Clause. In the event that any provision of these Terms of Use is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of these Terms of Use shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its forms modified by the court, shall then be enforceable and shall be enforced.

17.14 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or Ethnus Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or Ethnus Services shall accrue on the first date of publication.

17.15 Survival. You agree that certain of these Terms of Use shall survive termination or expiration of your use of the Ethnus Services to achieve the fundamental purposes of these Terms of Use including, but not limited to, Sections 1, 5-8, and 11-15, 17.

17.16 Waiver.

17.16.1 No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17.16.2 The failure of Ethnus to insist, in any one or more instances, upon the performance of any of the terms of these Terms of Use or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.

17.16.3 No employee, agent or representative, including without limitation a customer service representative, of Ethnus shall be entitled to waive any term of these Terms of Use or any other Ethnus’ agreement or policy.

17.17 Notices. Notices by Ethnus to you for any reason (including changes to these Terms of Use, the Apps, the Website, and/or Ethnus Services, the fees, or other similar matters) may be provided by a general posting on the Website at Codemithra.com. Notices by you to Ethnus may be given through electronic mail to info@codemithra.com unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from Ethnus, you may not assume that your notice has been received.

17.18 Restricted Locations.

The Apps, Website, and/or Ethnus Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

You agree to comply with all local rules regarding online conduct and what Ethnus deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.

You agree to comply with all applicable laws regarding the transmission of technical data exported from India in which you reside.

 

 

 

Job Seeker Terms of Use

This Privacy and Security Policy is provided for the benefit of customers and clients of Ethnus Consultancy Services Pvt. Ltd. (“Ethnus”) as well as other consumers and parties who use Ethnus and/or its website(s), particularly Codemithra.com (“Website” or “Codemithra.com”), and/or applications (“Apps”) (collectively, “Ethnus Services”).

Ethnus, Inc. (“Ethnus”) provides online services through which individuals seeking employment can efficiently and effectively interview with employers and staffing companies seeking to hire employees and independent contractors.  Ethnus provides these services and its suite of features and products through its Apps and Website (collectively, “Ethnus Services”) subject to these terms of use (“Terms of Use”) and the agreements incorporated herein.

Your privacy is very important to us. We designed our accompanying Privacy and Security Policy to provide important disclosures about how your information will be used by Ethnus in providing you Ethnus Services.  These Terms of Use expressly incorporate our Privacy and Security Policy.

Please read these Terms of Use and our Privacy and Security Policy carefully before using any of the diverse Ethnus Services.  By visiting the Website, installing any of the Apps, and/or using any of the Ethnus Services, you shall have affirmed your agreement to these Terms of Use.

  • 1. Definitions
  • 2. Modifications – Will Ethnus ever modify these Terms of Use?
  • 3. Ethnus Services – What are the Ethnus Services?
  • 3. Video Content and Services – How and when do you record videos?
  • 4. Pricing, Payments, and Billing – How and when will I be billed for Ethnus Services?
  • 5. Customer Conduct
  • 6. Objectionable Content – What if I find content to be objectionable?
  • 7. Intellectual Property
  • 8. DMCA Policy
  • 9. Reserved for Future Use
  • 10. Resale of Services
  • 11. Indemnification
  • 12. Disclaimer of Warranties
  • 13. Third Party Links and Products
  • 14. Limitations of Liability
  • 15. Exclusions and Limitations
  • 17. General Terms

1. Definitions

“Account” means “Ethnus Account.”

“Apps” means any applications developed by Ethnus.

“App Services” means any content and services provided by Ethnus through its Apps.

“Consumer” means any individual or entity that uses any of the Ethnus Services. Where applicable, the term “Consumer” shall encompass all Ethnus Customers.

“Content” means all material, whether publicly posted or privately transmitted, available on or through any of the Ethnus Services. 

“Customer” means, for purposes of this Terms of Use, You, a Job Seeker Customer. 

“Customer Content” means any Content uploaded to and/or created through the Ethnus Services by a Ethnus Customer.

“Employer Customer” means an entity using Ethnus Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.

“GDPR” means the European Union’s General Data Protection Regulation.

“Job Seeker Customer” means an individual using Ethnus Services who is seeking to be employed as an employee or independent contractor by an employer.

“Profile Video” means a promotional video created by a Job Seeker Customer to promote themselves as a candidate employee and/or independent contractor.  It is not an interview. The Job Seeker Customer completes this independently and on their own.

“Software” means any necessary software used in connection with the Ethnus Services.

“Ethnus Account” means an account associated with a Ethnus Customer who uses or has used Ethnus Services.  

“Ethnus Content” means any Content excluding Customer Content and Video Content in which Ethnus does not participate.

“Ethnus Customer” means any person who uses or has used Ethnus Services including, but not limited to, Employer Customers, Job Seeker Customers, and Staffing Customers.

“Ethnus Services” means the suite of features, products and services offered through Ethnus, its Apps, its App Services, the Website, and the Website Services.

“Ethnus Trademarks” means any trademarks, tradenames, logos, and other commercial designs of Ethnus or licensed to Ethnus, whether or not formal registration exists including, but not limited to, “Ethnus.”

“Staffing Clients” means third-party employer clients of Staffing Customers.

“Staffing Customer” means a staffing company using Ethnus Services that provides staffing services to their own Staffing Clients.

“Strategic Partners” means those trusted partners that Ethnus employs, engages, or retains to perform functions and/or provide services on its behalf.

“Sub Accounts” means subsidiary accounts created for or by an Employer Customer or Staffing Customer (“such as a consultant group or employer”) under its primary account.

“Username” means the valid email address provided by each Ethnus Customer to be used as their username or login identification.

“Video Content” means any video content created by or associated with any Ethnus Customer accessible on and through Ethnus Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos. 

“Video Interview” means an interview completed through Ethnus Services using a video or “web” camera that an Employer Customer or Staffing Customer requests a Job Seeker Customer complete.  A Video Interview may involve a Job Seeker Customer alone or with other participants from an Employer Customer or Staffing Customer. A Video Interview may be pre-recorded by a Job Seeker in response to questions or occur live at which time it would be recorded.

“Video Question” means a question recorded in video and audio that can be sent to potential employee and independent contractor candidates by an Employer Customer or Staffing Customer.

“Website” means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name Codemithra.com.

“Website Services” means the services provided by Ethnus through the website at the domain name Codemithra.com, hire.li, and any of our other websites that may be used from time to time

2. Modifications to Terms of Use.

2.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, You understand that Ethnus may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time.

2.2 Should Ethnus alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:

(A) Posting the new Terms of Use to the Website, particularly Codemithra.com/terms;

(B) Sending you electronic mail to the email address you provided when creating your account (where available and applicable) or other means pursuant to these Terms of Use; and/or

(C) As otherwise required by law.

2.3 If we inform you that the Terms of Use have been modified, you may elect to terminate use of any of the Ethnus Services subject to these Terms of Use (particularly, there are no refunds). 

2.4 If you continue to use any of the Ethnus Services after receiving notice that these Terms of Use have been modified, any continued use shall constitute acceptance of the modified Terms of Use and be subject to them.

2.5 We may ask that you acknowledge your agreement to any modified Terms of Use.  However, even if we do not do so, your continued use of Ethnus Services will be subject to the modified terms.

2.6 You agree to review these Terms of Use and the incorporated documents periodically to be updated of any such changes.

2.7 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly without passing through certain preceding pages (“bookmarking”) may under certain circumstances cause you to bypass links to these Terms of Use. Should you use such bookmarks and skip links to modified Terms of Use, your continued use still constitutes acceptance of these Terms of Use.

3. Ethnus Services.

3.1 Ethnus provides Internet based services through which individuals seeking employment can efficiently and effectively interview with employers and staffing companies seeking to hire employees and independent contractors.

3.2 Ethnus provides Ethnus Services through its Apps and Website, and all other suite of features, products and services offered through Ethnus from time to time.

3.3 Ethnus will not sell any customer or consumer content or information to any third party.

3.4 Video Content and Services.

Ethnus provides its Ethnus Customers a variety of video options and tools to use in association with the Ethnus Services. 

If you choose to use your webcam and microphone through Ethnus Services for audio and video communications, you authorize Ethnus to allow others to see and hear you through the audio and video obtained through these devices.  You also authorize Ethnus to record and store such information on its servers in your Account.

Ethnus will not use your recorded content for any purpose unrelated to your Account. Of course, any individuals to whom you display such content will be able to hear and see such content.

Apart from those to whom you authorize access. Ethnus will not share or provide access to your content to any third party absent a subpoena or court order.  And, should Ethnus ever be subpoenaed for content associated with your Account, Ethnus shall provide you notice and an opportunity to file a motion objecting to any disclosure.

Given you will be using Ethnus Services for employment related purposes, you agree not to use any content or information obtained in violation of any applicable laws.  Ethnus cannot advise you or provide you guidance on these laws.

Job Seekers are expressly prohibited from creating their own recordings of Video Interviews.  Ethnus employs reasonable measures to prevent any unauthorized recording of Video Interviews.

Ethnus may add additional types of video content from time to time.

3.5 No Guarantees of Employment

Ethnus is not an employment agency.  Ethnus does not make any representations as to the qualifications of any individual, entity or employer.

Additionally, where an individual, entity, group or employer successfully secures employment, Ethnus makes no guarantees or representations as to the satisfaction of such employment.

Additionally, Ethnus does not guarantee that any individual or entity will find employment or an employee through Ethnus Services.

3.6 Deletion of Content.  Except as provided elsewhere in these Terms of Use, all Customer Content and Video Content will no longer be accessible to you upon deletion or termination of your Account.

Where a Job Seeker requests that any video interviews and/or related information be deleted pursuant to these Terms, our Privacy and Security Policy, and/or pursuant to governing law (eg the GDPR), Ethnus, as the processor of data for employers and/or staffing companies (the data controllers), will send the employers and/or staffing companies the request to approve or deny. We do this for a number of reasons. To begin with, the employer and/or staffing company controls the data Ethnus processes on its behalf. Although you may provide information through our Ethnus Services, you do so at the invitation of an employer and/or staffing company. Moreover, the employer and/or staffing company may be subject to laws that require retention of certain information. Finally, for purposes here, the primary relationship governing the content and data exists between you and the respective employer and/or staffing company. If the employer and/or staffing company approves the request, we shall comply with the request. If the data controller denies the request, we shall inform the Job Seeker and provide information on how to proceed further with the employer and/or staffing company.

Where an employer or staffing customer deletes its account, your content and/or data accessible to and/or stored with the account for such employer or staffing customer may be deleted. The employer and/or staffing customer retains the right to delete such content and data without notice to you.

3.7 Intentionally Omitted.

3.8 Changes to Service.  Ethnus reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the Ethnus Services, in whole or in part. Any modifications to any of the Ethnus Services, including the releases of new features, tools or resources, shall be subject to these Terms of Use and incorporated policies.  Sometimes, updates to Ethnus’s Software and/or code may require your computer to install additional third party software. Ethnus will provide you with notice of any major changes or modifications in the same manner as described in Section 2. Absence of any notice beyond changes in the Ethnus Services shall not affect the enforceability of these Terms of Use.

4. Pricing, Payments, and Billing.

At present, Ethnus provides Ethnus Services to Job Seeker Customers on a complimentary basis at no charge (Ethnus does bill its Employer Customers and Staffing Customers).  Ethnus foresees continuing this policy for the foreseeable future. However, Ethnus reserves the right to change its policy and pricing for any of the Ethnus Services at any time.  Should Ethnus change any pricing, Ethnus shall provide its existing Ethnus Customers with at least thirty (30) days notice consistent with Section 17.17.

5. Conduct

5.1 Lawful Purposes. Ethnus Services shall be used for lawful purposes only.

5.2 Accurate Information.  You agree to provide Ethnus with true, accurate and current information as requested when registering for Ethnus Services and/or purchasing products from Ethnus.

5.3 At time of registration, you must provide certain information that identifies you to other Ethnus Customers.  In doing so, you may not violate a third party’s intellectual property rights or use names that happen to be offensive or inappropriate.

5.5 You shall be solely and entirely responsible for any and all use of the Ethnus Services through your Account.  Consequently, we recommend and require that:

(A) You not permit any other person to use your Ethnus Account;

(B) You do not assign or transfer your Account or its login information to any other person or entity; and,

(C) You promptly inform Ethnus of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Ethnus Account or its login information.

5.6 Reserved for Future Use.

5.7 You agree that you shall not use Ethnus Services for any of the following:

5.7.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;

5.7.2 Intentionally violating any intellectual property rights of a third party;

5.7.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;

5.7.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Ethnus in its sole discretion;

5.7.5 Posting or transmitting, or causing to be posted or transmitted, via the Ethnus Services any nudity;

5.7.6 Posting or transmitting, or causing to be posted or transmitted, via the Ethnus Services any spam; Ethnus maintains a strict policy forbidding any spam or misuse of email services within its Ethnus Services.

5.7.7 Posting or transmitting, or causing to be posted or transmitted, via Ethnus Services any materials advertising any business other than Ethnus;Additional and/or different rules may apply in the event Ethnus dedicates a special forum in the future to the promotion and/or offering of services by Ethnus Customers.

5.7.8 Seeking to obtain private financial information from any Consumer;

5.7.9 To impersonate any other person;

5.7.10 To provide any false information;

5.7.11 Registering or attempting to register an account with Ethnus without its express authorization after having been terminated or suspended by Ethnus for any reason; and/or

5.7.12 Interfering with Ethnus’s security measures.

5.7.13 Circumventing and/or violating any person’s privacy rights.

5.7.14 Attempting to engage in any prohibited conduct.

5.8 Should you believe that a Ethnus Customer or person has violated any of the foregoing prohibited uses in

5.7, you should immediately notify Ethnus via info@codemithra.com.

5.9 Upon learning of any error, omission or violation of these Terms of Use by any other third party, you shall immediately notify Ethnus via info@codemithra.com.

5.10 You assume all liability for anything purchased using Ethnus Services through your Account, whether intended for you or for a third party.

5.11 Cancellation of Account.

You may cancel your Account at any time. Before doing so, Ethnus recommends you review these Terms of Use carefully so you understand what will occur upon cancellation particularly in relation to payments for Ethnus Services.  

To effectively cancel your Account, please contact us at info@codemithra.com for assistance.  Upon doing so, the cancellation of your Account will take place promptly. Upon cancellation, all of your Content may be deleted permanently. Ethnus shall not be responsible for the loss of any Content due to the cancellation (or termination) of a Ethnus Account. The foregoing being said, some or all of your Content may remain accessible to employers and/or staffing companies with whom you have interacted. Ethnus is not responsible should an Account remain active if the cancellation procedure described above is not followed.

5.12 Termination of Account.

Ethnus reserves the right to refuse its Ethnus Services to anyone should it believe that the Ethnus Services have been abused. For a non-exclusive list of what Ethnus considers abuse, you should refer to Section 5.7 above. Though specific prohibited items have been listed, Ethnus reserves the right to consider any action or conduct inconsistent with the intended use of Ethnus Services to constitute abuse.

Should Ethnus believe that the Ethnus Services have been, will be, or are being used for any unlawful purpose and/or used in violation of any of these Terms of Use or any other Ethnus agreement or policy, Ethnus may (a) terminate an account immediately; (b) refuse its Ethnus Services to anyone; and/or (c) take any further action as permitted by law.

Additionally, Ethnus may terminate a Ethnus Account immediately in the event that Ethnus believes, in its sole discretion, that a Ethnus Customer is “flooding” the Ethnus Services.

Ethnus also reserves the right to suspend or terminate a Ethnus Account should Ethnus become involved in pending litigation or other similar dispute with a Ethnus Customer in relation to the Ethnus Account, or for any other reason. Should a Ethnus Customer become involved in litigation or other similar dispute in relation to a Ethnus Account, Ethnus also may suspend or terminate the Ethnus Account immediately and without notice.  Where Ethnus merely becomes involved in a dispute as the third party escrow for information at issue between you and a job candidate, the account will not be cancelled or suspended.

Should Ethnus become aware of litigation relating to a Ethnus Account, Ethnus reserves the right to preserve Content associated with the Ethnus Account.

5.13 Consequences of Termination.

Should your Account become terminated, Ethnus may, in our sole discretion and without liability to You, remove and discard any information associated with your Account including, but not limited to, any Content or Customer Content.

Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination.

Ethnus shall not be liable to you or any third-party for any termination of your Account or your use of the Ethnus Services.

Any Ethnus Customer whose account has been terminated by Ethnus may not access the Ethnus Services without the prior express written permission of Ethnus.

There shall be no refunds for any use of Ethnus Services terminated as a result of a breach of these Terms of Use.

Ethnus may also refuse registration, terminate an account, and/or refuse Ethnus Services to any person who registers or attempts to register an account with Ethnus without authorization after having had an account previously suspended or terminated by Ethnus. In particular, should Ethnus identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.

5.14 Should the Ethnus Services become terminated globally for any reason, all Ethnus accounts shall be terminated immediately, without any prior notifications by Ethnus.

6. Objectionable Content.

Ethnus does not endorse any Customer Content made available via Ethnus Services.  Ethnus reserves the right, but not the obligation, to delete posts and/or Content that it believes, in its sole discretion, violate these Terms of Use.  However, the failure of Ethnus to delete any post and/or Content does not constitute an endorsement of it.

Ethnus is not responsible for any false, defamatory, libellous, or slanderous Content posted by its Ethnus Customers.  If you believe any Content violates your rights or those of a third party in any way, you may contact Ethnus via info@codemithra.com.

7. Intellectual Property Rights

7.1 Software.

Ethnus Services and any necessary software used in connection with the Ethnus Services (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. Ethnus or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by Ethnus or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.

7.2 Copyright.

Ethnus shall possess and retain all copyrights to content created by Ethnus (“Ethnus Content”).  Ethnus may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.

You shall possess and retain all interest in your Profile Videos.  You do not have any interest in any Video Interviews in which you participate.  Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account.   All copyrights in Customer Content shall remain with the applicable owners of such copyrights.

By using Ethnus Services, you provide Ethnus a license to use your Customer Content and Video Content for purposes of providing Ethnus Services in relation to your Account. You may link to our Website from your own websites and other third party websites, so long as you do so in accordance with these Terms of Use.  However, you may not frame any elements of Ethnus Services within any other website.

Your use of any third party software or content obtained through the Ethnus Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the Ethnus Services except as expressly authorized under the applicable third party provider’s terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers’ terms of use or license agreement, do not download or use the third party software or content.

7.3 Trademarks.

You agree to not use Ethnus Trademarks or any mark that is confusingly similar to such trademarks.  Nothing on or through the Ethnus Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Ethnus Trademarks.  Ethnus reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.

For purposes of displaying your Account and content associated with it, you permit Ethnus to use your name and trademark, if applicable.  You also allow Ethnus to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, Ethnus will remove your name and/or trademark except as necessary to continue providing you with Ethnus Services.

All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Ethnus.  You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Ethnus Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws

7.4 Destruction of Materials. Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.

7.5 Limited License. All Ethnus Content is the proprietary property of Ethnus and/or its licensors, with all rights reserved. No Ethnus 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, without Ethnus’s prior written permission. Provided that you are eligible for use of Ethnus Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the Ethnus Services and the Ethnus Content, including a limited license to download or print a copy of any portion of the Ethnus Content to which you have properly gained access solely for your use in relation to the Ethnus Services. You may not upload or republish Ethnus Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Ethnus Services or Ethnus Content without the prior written permission of Ethnus, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

7.6 Unauthorized Access or Circumvention.  As stated above, Ethnus takes the privacy of its Ethnus Customers very seriously.  In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers.  Should any person attempt to obtain or obtain unauthorized access to Ethnus servers and/or should any Ethnus Customer attempt to exceed or exceed his/her/its authorized access to Ethnus servers, Ethnus shall consider such conduct to violate the laws of the land and seek legal recourse for both civil and criminal penalties.  Ethnus considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct. Moreover, Ethnus shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as wilful cooperation in such conduct.

7.7 Job Seeker Content and Information.

Ethnus does not own any job seeker content or information. The ownership of this content and information can vary depending on circumstances. Indeed, the laws related to privacy of consumer information often intersect and overlap with those relating to the privacy and ownership of employee information. In particular, the GDPR provides EU consumers with certain rights related to their personal information. At the same time, employers possess rights and obligations to retain certain employee and job candidate information. Should Ethnus receive any request relating to job seeker content and information from that job seeker, Ethnus will forward the request to the employer or staffing company to process. Absent a court order or clear indication of applicable law, Ethnus will thereafter defer to and comply with the employer or staffing company direction. In so doing, however, Ethnus reserves the right to fully inform any job seeker of their respective rights and how to address such a dispute.

8. DMCA Policy

8.1 Ethnus respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through Ethnus Services any materials that violate another party’s intellectual property rights. When Ethnus receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).

8.2 If you believe that any material on or through the Ethnus Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.

8.3 If you believe that your own copyrighted work is accessible on or through the Ethnus Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:

(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Ethnus can locate the material;

(B). Identify the URL or other specific location on the Website or Ethnus Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;

(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

(D). Include 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;

(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf; and,

(F). Include your name, mailing address, telephone number and email address.

8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:

 

 

 

Ethnus Consultancy Services Pvt. Ltd.

 No.151/17/1, SST Chambers, Second Floor, 36th Cross Road, Jayanagar 5th Block, Bengaluru 560041

 

Attention: NOTICES 

email: info@codemithra.com 

8.5 Ethnus has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Ethnus may also in its sole discretion limit access to the Ethnus Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

9. RESERVED FOR FUTURE USE

10. RESALE OF SERVICE 

Unless otherwise agreed to in writing by Ethnus, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to Ethnus Services.

11. INDEMNIFICATION 

You agree to indemnify and hold Ethnus (as defined in 14.1.3) harmless against and from any claim, demand, expenses, or losses, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against Ethnus due to or arising out of:

(A) your use of and/or connection to the Apps, Website, and/or Ethnus Services;

(B) your sharing of any content obtained through use of the Apps, Website, and/or Ethnus Services to any third party;

(C) the use of any content downloaded from the Apps, Website, and/or Ethnus Services to your computer and/or servers;

(D) your violation of these Terms of Use;

(E) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Apps, Website, and/or Ethnus Services;

(F) any misuse, intended or unintended, of any Video Content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom information is provided; or

(G) your violation of any rights of any other individual or entity, whether you are a registered user or not.

You are responsible for your actions when using the Apps, Website, and/or Ethnus Services, including, but not limited to, costs incurred for Internet access.  In all cases, Ethnus shall have the right to choose its own counsel.

12. DISCLAIMER OF WARRANTIES

12.1 THE APPS, WEBSITE, AND/OR Ethnus SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

12.2 Ethnus SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPS, WEBSITE, AND/OR Ethnus SERVICES:

THE ABILITY OF THE APPS, WEBSITE, AND/OR Ethnus SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;

ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;

ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

ANY WARRANTIES OF NON-INFRINGEMENT; AND

ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF Ethnus IN THE APPS, WEBSITE, AND/OR Ethnus SERVICES, OR ANY WARRANTY THAT THE APPS, WEBSITE, AND/OR Ethnus SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

12.3 Ethnus IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, Ethnus IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.5 Ethnus MAKES NO WARRANTY THAT THE APPS, WEBSITE, Ethnus SERVICES, AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.

12.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APPS, WEBSITE, AND/OR Ethnus SERVICES.  HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE Ethnus SERVICES, OR OTHER INTERACTION WITH THE Ethnus SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE Ethnus SERVICES. WE DO NOT WARRANT THAT (i) THE Ethnus SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE Ethnus SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Ethnus SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Ethnus SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

12.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES.

13. THIRD PARTY LINKS AND PRODUCTS

13.1 IN CONNECTION WITH THE Ethnus SERVICES, Ethnus MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.

13.2 Ethnus NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.

13.3 Ethnus IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.

13.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.

13.5 Ethnus SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

13.6 THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.

13.7 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY Ethnus, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. Ethnus SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.

14. LIMITATION OF LIABILITY

14.1 GENERAL TERMS.  FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:

14.1.2 “DAMAGES” SHALL INCLUDE ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND/OR ANY OTHER DAMAGES OR INTANGIBLE LOSS. THE TYPE OF DAMAGES TO WHICH THESE LIMITATIONS OF LIABILITY APPLY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF BUSINESS PROFITS OR LOST SAVINGS, LOSS TO GOODWILL, LOSS ARISING FROM BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, LEGAL FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, PARALEGAL FEES, AND OTHER COSTS AND EXPENSES), AND/OR ANY OTHER KIND OF DAMAGE OR LOSS.

14.1.3 “Ethnus” SHALL MEAN Ethnus; ITS SUBSIDIARIES; AND, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

14.1.4 “STRATEGIC PARTNERS” SHALL MEAN CO-BRANDERS, SUPPLIERS, VENDORS, AND OTHER PARTNERS USED BY Ethnus AS WELL AS THEIR SUBSIDIARIES, PARENTS, OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

14.1.5 THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF WHETHER CAUSED BY Ethnus OR ANY PART OF Ethnus AS DEFINED ABOVE.

14.1.6 THESE LIMITATIONS OF LIABILITY APPLY TO ALL CLAIMS, CAUSES OF ACTION, AND/OR FORMS OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.

14.1.7 THESE LIMITATIONS OF LIABILITY APPLY EVEN IF Ethnus WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.

14.2 YOU AGREE THAT Ethnus AND ITS STRATEGIC PARTNERS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGES AS DEFINED ABOVE ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE APPS, WEBSITE, AND/OR Ethnus SERVICES.

14.3 YOU AGREE TO EXCUSE Ethnus AND AGREE THAT IT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILABILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURRENCES.

14.4 YOU AGREE THAT Ethnus SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APPS, WEBSITE, AND/OR Ethnus SERVICES. SIMILARLY, Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.

14.5 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH:

14.5.1 THE USE OF OR THE INABILITY TO USE THE Ethnus SERVICES; 

14.5.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Ethnus SERVICES; 

14.5.3 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA; 

14.5.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Ethnus SERVICES; 

14.5.5 THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION;

14.5.6 THESE TERMS OF USE; OR

14.5.7 ANY OTHER MATTER RELATING TO THE Ethnus SERVICES. 

14.6 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE.  WHERE ANY COURT OF COMPETENT JURISDICTION LIMITS THE ABILITY OF Ethnus TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT Ethnus SHALL BE LIABLE TO YOU FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS YOU PAID TO Ethnus.

14.7 IF YOU ARE DISSATISFIED WITH THE APPS, WEBSITE, AND/OR Ethnus SERVICES, OR YOU HAVE ANY DISPUTE WITH Ethnus IN CONNECTION WITH THE SAME OR THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE APPS, WEBSITE, AND/OR Ethnus SERVICES.

14.8 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY CURRENT, FORMER, AND/OR POTENTIAL EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-STAFFING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR Ethnus SERVICES.

14.9 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES. PARTICULARLY, Ethnus SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY CUSTOMER.

14.10 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES DELIVERED TO STAFFING CLIENTS. PARTICULARLY, Ethnus SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY STAFFING CLIENTS.

14.11 YOU AGREE THAT Ethnus AND ITS STRATEGIC PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.

14.11.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE APPS, WEBSITE, AND/OR Ethnus SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (2) THAT THE FUNCTIONS PERFORMED BY THE APPS, WEBSITE, AND/OR Ethnus SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE Ethnus SERVICES WILL BE CORRECTED.

14.11.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE APPS, WEBSITE, AND Ethnus SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

15.EXCLUSIONS AND LIMITATIONS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.

16. RESERVED FOR FUTURE USE.

17. General Provisions

17.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.

17.2 Applicable Law. These Terms of Use shall be construed and enforced at Bangalore without regard to its conflicts of laws provisions. Similarly, the courts of Bangalore (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and Ethnus. You agree to submit to the personal and subject matter jurisdiction of the courts located Bangalore. You also agree the venue for any action, dispute or proceeding with respect to this Agreement or any dispute between you and Ethnus shall be Bangalore. You further waive all defences to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens.

17.3 Arbitration Clause.

Except with respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield (see below), any dispute, claim, or controversy arising out of these Terms of Use, the Apps, Website, and/or Ethnus Services shall be settled by arbitration in Bangalore. Such arbitration shall be conducted in accordance with the Comprehensive Arbitration and Conciliation Act 1996. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated.

A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by ICADR. The arbitrator may award legal fees (including, but not limited to, attorneys’ fees, paralegal fees, etc.), expenses, and costs as part of the award.

Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.

Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.

With respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield, we direct you to Section 6 of our Privacy and Security Policy entitled Dispute Resolution. Should you have any questions, please contact us at info@codemithra.com.

17.4 Class Actions Waived. You expressly waive any right to participate in any class action against Ethnus for any claims related to the Apps, Website, and/or Ethnus Services. In fact, by using the Apps, Website, and/or Ethnus Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to resolve any claims through class actions against Ethnus.

17.5 Entire Agreement. These Terms of Use, as they shall be modified from time to time, constitute the full and complete understanding among them with respect to the subject matter hereof and supersede and pre-empt any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of these Terms of Use.  Indeed, you affirm that you are not relying upon any verbal or written representations whatsoever, except as expressly set forth in these Terms of Use.

17.6 Incorporation Clause. These Terms of Use expressly incorporate the terms provided for in Ethnus’s Privacy and Security Policy, its Data Protection Agreement, and related terms and documents.

17.7 Intentionally Omitted. 

17.8 Independent Parties. You and Ethnus are independent parties and nothing contained in these Terms of Use shall be construed or implied to create any agency or partnership between you and Ethnus. At no time shall you or Ethnus act as an agent for or make commitments for or in the name of the other party.

17.9  Trial Waived. As provided in the Arbitration Clause above, you acknowledge that all disputes with Ethnus shall be resolved through arbitration. Should any arbitration or court find such restriction unenforceable and/or should any dispute appear before a court, you expressly waive any right to a trial in any action against Ethnus for any claims related to the Apps, Website, and/or Ethnus Services. In fact, by using the Apps, Website, and/or Ethnus Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to obtain a trial in any action against Ethnus.

17.10 Legal Advice Not Provided.  You acknowledge and agree that Ethnus has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations.  You agree not to construe any Ethnus communications as legal advice.

17.11 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe these Terms of Use or otherwise be given any legal effect.

17.12 Reasonableness. The Parties have read each of the terms in these Terms of Use and consider each of them, including all subparts, to be reasonable.

17.13 Savings Clause. In the event that any provision of these Terms of Use is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of these Terms of Use shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its forms modified by the court, shall then be enforceable and shall be enforced.

17.14 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or Ethnus Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or Ethnus Services shall accrue on the first date of publication.

17.15 Survival.  You agree that certain of these Terms of Use shall survive termination or expiration of your use of the Ethnus Services to achieve the fundamental purposes of these Terms of Use including, but not limited to, Sections 1, 5-8, and 11-15, 17.

17.16 Waiver.

17.16.1 No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17.16.2 The failure of Ethnus to insist, in any one or more instances, upon the performance of any of the terms of these Terms of Use or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.

17.16.3 No employee, agent or representative, including without limitation a customer service representative, of Ethnus shall be entitled to waive any term of these Terms of Use or any other Ethnus’ agreement or policy.

17.17 Notices. Notices by Ethnus to you for any reason (including changes to these Terms of Use, the Apps, the Website, and/or Ethnus Services, the fees, or other similar matters) may be provided by a general posting on the Website at Codemithra.com. Notices by you to Ethnus may be given through electronic mail to info@codemithra.com unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from Ethnus, you may not assume that your notice has been received.

17.18 Restricted Locations.

The Apps, Website, and/or Ethnus Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

You agree to comply with all local rules regarding online conduct and what Ethnus deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.

You agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.Rev. 5/1/2018

 

Staffing Terms of Use

The following Terms of Use apply to any Ethnus Staffing Customer seeking to find employees or independent contractors for the benefit of its own clients (and not itself).  If you seek to hire employees or independent contractors for your own business, you need to review the Terms of Use specifically for our Ethnus Employer Customers accessible at www.Codemithra.com/terms/employer.

Ethnus, Inc. (“Ethnus”) provides online services through which employers and staffing companies seeking employees and independent contractors can efficiently and effectively review and interview candidates.  Ethnus provides these services and its suite of features and products through its Apps and Website (collectively, “Ethnus Services”) subject to these terms of use (“Terms of Use”) and the agreements incorporated herein.

Your privacy is very important to us. We designed our accompanying Privacy and Security Policy to provide important disclosures about how your information will be used by Ethnus in providing you Ethnus Services.  These Terms of Use expressly incorporate our Privacy and Security Policy.

Please read these Terms of Use and our Privacy and Security Policy carefully before using any of the diverse Ethnus Services.  By visiting the Website, installing any of the Apps, and/or using any of the Ethnus Services, you shall have affirmed your agreement to these Terms of Use.

  1. Definitions
  2. Modifications – Will Ethnus ever modify these Terms of Use?
  3. Ethnus Services – What are the Ethnus Services?

3.Video Content and Services – How and when do you record videos?

  1. Pricing, Payments, and Billing – How and when will I be billed for Ethnus Services?
  2. Customer Conduct
  3. Objectionable Content – What if I find content to be objectionable?
  4. Intellectual Property
  5. DMCA Policy
  6. Reserved for Future Use
  7. Resale of Services
  8. Indemnification
  9. Disclaimer of Warranties
  10. Third Party Links and Products
  11. Limitations of Liability
  12. Exclusions and Limitations
  13. General Terms

1. Definitions

“Account” means “Ethnus Account.”

“Apps” means any applications developed by Ethnus.

“App Services” means any content and services provided by Ethnus through its Apps.

“Consumer” means any individual or entity that uses any of the Ethnus Services. Where applicable, the term “Consumer” shall encompass all Ethnus Customers.

“Content” means all material, whether publicly posted or privately transmitted, available on or through any of the Ethnus Services.

“Customer” means, for purposes of this Terms of Use, You, a Staffing Customer.

“Customer Content” means any Content uploaded to and/or created through the Ethnus Services by a Ethnus Customer.

“Employer Customer” means an entity using Ethnus Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.

“GDPR” means the European Union’s General Data Protection Regulation.

“Job Seeker Customer” means an individual using Ethnus Services who is seeking to be employed as an employee or independent contractor by an employer.

“Profile Video” means a promotional video created by a Job Seeker Customer to promote themselves as a candidate employee and/or independent contractor.  It is not an interview. The Job Seeker Customer completes this independently and on their own.

“Software” means any necessary software used in connection with the Ethnus Services.

“Ethnus Account” means an account associated with a Ethnus Customer who uses or has used Ethnus Services.

“Ethnus Content” means any Content excluding Customer Content and Video Content in which Ethnus does not participate.

“Ethnus Customer” means any person who uses or has used Ethnus Services including, but not limited to, Employer Customers, Job Seeker Customers, and Staffing Customers.

“Ethnus Services” means the suite of features, products and services offered through Ethnus, its Apps, its App Services, the Website, and the Website Services.

“Ethnus Trademarks” means any trademarks, tradenames, logos, and other commercial designs of Ethnus or licensed to Ethnus, whether or not formal registration exists including, but not limited to, “Ethnus.”

“Staffing Clients” means third-party employer clients of Staffing Customers.

“Staffing Customer” means a staffing company using Ethnus Services that provides staffing services to their own Staffing Clients.

“Strategic Partners” means those trusted partners that Ethnus employs, engages, or retains to perform functions and/or provide services on its behalf.

“Sub Accounts” means subsidiary accounts created for or by an Employer Customer or Staffing Customer (“such as a consultant group or employer”) under its primary account.

“Username” means the valid email address provided by each Ethnus Customer to be used as their username or login identification.

“Video Content” means any video content created by or associated with any Ethnus Customer accessible on and through Ethnus Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos.

“Video Interview” means an interview completed through Ethnus Services using a video or “web” camera that an Employer Customer or Staffing Customer requests a Job Seeker Customer complete.  A Video Interview may involve a Job Seeker Customer alone or with other participants from an Employer Customer or Staffing Customer. A Video Interview may be pre-recorded by a Job Seeker in response to questions or occur live at which time it would be recorded.

“Video Question” means a question recorded in video and audio that can be sent to potential employee and independent contractor candidates by an Employer Customer or Staffing Customer.

“Website” means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name Codemithra.com.

“Website Services” means the services provided by Ethnus through the website at the domain name Codemithra.com, hire.li, and any of our other websites that may be used from time to time.

2. Modifications to Terms of Use.

2.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, You understand that Ethnus may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time.

2.2 Should Ethnus alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:

(A) Posting the new Terms of Use to the Website, particularly Codemithra.com/terms;

(B) Sending you electronic mail to the email address you provided when creating your account (where available and applicable) or other means pursuant to these Terms of Use; and/or

(C) As otherwise required by law.

2.3 If we inform you that the Terms of Use have been modified, you may elect to terminate use of any of the Ethnus Services subject to these Terms of Use (particularly, there are no refunds).

2.4 If you continue to use any of the Ethnus Services after receiving notice that these Terms of Use have been modified, any continued use shall constitute acceptance of the modified Terms of Use and be subject to them.

2.5 We may ask that you acknowledge your agreement to any modified Terms of Use.  However, even if we do not do so, your continued use of Ethnus Services will be subject to the modified terms.

2.6 You agree to review these Terms of Use and the incorporated documents periodically to be updated of any such changes.

2.7 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly without passing through certain preceding pages (“bookmarking”) may under certain circumstances cause you to bypass links to these Terms of Use. Should you use such bookmarks and skip links to modified Terms of Use, your continued use still constitutes acceptance of these Terms of Use.

3. Ethnus Services.

3.1 Ethnus provides Internet based services through which employers and staffing companies seeking employees and independent contractors can efficiently and effectively review and interview candidates.

3.2 Ethnus provides Ethnus Services through its Apps and Website, and all other suite of features, products and services offered through Ethnus from time to time.

3.3 Ethnus will not sell any customer or consumer content or information to any third party.

3.4 Video Content and Services.

Ethnus provides its Ethnus Customers a variety of video options and tools to use in association with the Ethnus Services.

If you choose to use your webcam and microphone through Ethnus Services for audio and video communications, you authorize Ethnus to allow others to see and hear you through the audio and video obtained through these devices.  You also authorize Ethnus to record and store such information on its servers in your Account.

Ethnus will not use your recorded content for any purpose unrelated to your Account. Of course, any individuals to whom you display such content will be able to hear and see such content.

Apart from those to whom you authorize access. Ethnus will not share or provide access to your content to any third party absent a subpoena or court order.  And, should Ethnus ever be subpoenaed for content associated with your Account, Ethnus shall provide you notice and an opportunity to file a motion objecting to any disclosure.

Given you will be using Ethnus Services for employment related purposes, you agree not to use any content or information obtained in violation of any applicable laws.  Ethnus cannot advise you or provide you guidance on these laws.

Job Seekers are expressly prohibited from creating their own recordings of Video Interviews.  Ethnus employs reasonable measures to prevent any unauthorized recording of Video Interviews.

Ethnus may add additional types of video content from time to time.

3.5 No Guarantees of Employment

Ethnus is not an employment agency.  Ethnus does not make any representations as to the qualifications of any individual, entity or employer.

Additionally, where an individual, entity, group or employer successfully secures employment, Ethnus makes no guarantees or representations as to the satisfaction of such employment.

Additionally, Ethnus does not guarantee that any individual or entity will find employment or an employee through Ethnus Services.

3.6 Deletion of Content. Except as provided elsewhere in these Terms of Use, all Customer Content and Video Content will no longer be accessible to you upon deletion or termination of your Account.

Where a Job Seeker requests that any video interviews and/or related information be deleted pursuant to these Terms, our Privacy and Security Policy, and/or pursuant to governing law (eg the GDPR), Ethnus, as the data processor, will send you, as the data controller, the request to approve or deny. If you approve the request, we shall comply with the request. If you deny the request, we shall inform the job candidate and provide information on how to proceed further (namely, we will explain that the dispute remains with you and not Ethnus).

3.7 Sub-Accounts. Depending on the plan purchased, you may be able to create sub accounts (“Sub Accounts”) for use by individuals you authorize.  If you create Sub-Accounts, you agree to create a separate Sub-Account for each authorized individual. You also agree to only allow authorized individuals to obtain a Sub-Account and ensure they understand and agree to these Terms of Use.

3.8 Changes to Service. Ethnus reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the Ethnus Services, in whole or in part. Any modifications to any of the Ethnus Services, including the releases of new features, tools or resources, shall be subject to these Terms of Use and incorporated policies.  Sometimes, updates to Ethnus’s Software and/or code may require your computer to install additional third party software. Ethnus will provide you with notice of any major changes or modifications in the same manner as described in Section 2. Absence of any notice beyond changes in the Ethnus Services shall not affect the enforceability of these Terms of Use.

3.9 Staffing Clients. As a Staffing Customer, you shall ensure your Staffing Clients for which you use Ethnus services agree to these Terms of Use, the Ethnus Privacy and Security Policy, and other applicable Ethnus policies.  Alternatively, you will ensure your Staffing Clients agree to similar terms protecting the privacy and rights of Ethnus Customers with whom you interact and from whom you obtain information as well as those terms in Sections 7 and 11-15.

4. Pricing, Payments, and Billing

4.1 Pricing. Ethnus reserves the right to change the prices for any of the Ethnus Services including, but not limited to, any prices associated with subscription service plans at any time.  Should Ethnus change any pricing, Ethnus shall provide its existing Ethnus Customers with at least thirty (30) days notice consistent with Section 17.17.

4.2 Method of Payments. To purchase Ethnus Services, you must provide Ethnus with a valid credit card or checking account debit information.  Ethnus presently accepts payments from Ethnus Customers using a secure connection. Ethnus reserves the right to choose the forms of payment accepted for Ethnus Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments.

4.3 Advance Billing.

Ethnus bills in advance for Ethnus Services on a recurring basis.  Ethnus may, in its sole discretion, provide you with monthly, quarterly, semi-annual, and/or annual subscription service plans from which to choose, depending on your payment method, account history, and/or account preferences.

Should Ethnus provide you with a subscription service plan that encompasses more than one month (quarterly, semi-annual, or annual), Ethnus may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and/or account preferences.By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize Ethnus to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen Ethnus Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded..

Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.

4.4 Renewals. For the convenience of its Ethnus Customers, Ethnus automatically renews subscription plans.

4.5 No Refunds. Ethnus does not refund purchased services. Consequently, there will be no refunds for periods where Ethnus Services were unused should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans.  Moreover, should you enter into a quarterly, semi-annual, or annual subscription plan wherein you make monthly payments, you agree to make monthly payments for the entire term of your subscription plan whether you use or cancel the Ethnus Services prior to the expiration of your subscription.  Consequently, Ethnus cannot cancel or refund monthly payments associated with subscription plans.

4.6 Timing of Payments. Payments must be authorized and/or made at the time of purchase.  Where you enter into a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.

4.7 Taxes and Other Excluded Fees. Payments for Ethnus Services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.

4.8 Insufficient Funds and Chargebacks. Ethnus processes all payments to it through a third party.  Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or Ethnus.

5.  Conduct

5.1 Lawful Purposes.

Ethnus Services shall be used for lawful purposes only.

You hereby affirm that your organization is an equal opportunity employer, offering employment without regard to race, color, religion, sex, national origin, age, sexual orientation, disability, citizenship, or any other protected class of individuals unless legally required.

You shall be responsible for complying with all applicable regulations, statutes, laws and guidelines relating to hiring, interviewing, and recruiting employees as well as any matters related thereto.

5.2 Accurate Information. You agree to provide Ethnus with true, accurate and current information as requested when registering for Ethnus Services and/or purchasing products from Ethnus.

5.3 At time of registration, you must provide certain information that identifies you to other Ethnus Customers.  In doing so, you may not violate a third party’s intellectual property rights or use names that happen to be offensive or inappropriate.

5.5 You shall be solely and entirely responsible for any and all use of the Ethnus Services through your Account.  Consequently, we recommend and require that:

(A) You not permit any other person to use your Ethnus Account, except for those authorized individuals provided with their own Sub Accounts;

(B) You do not assign or transfer your Account or its login information to any other person or entity; and,

(C) You promptly inform Ethnus of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Ethnus Account or its login information.

5.6 Reserved for Future Use.

5.7 You agree that you shall not use Ethnus Services for any of the following:

5.7.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;

5.7.2 Intentionally violating any intellectual property rights of a third party;

5.7.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;

5.7.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Ethnus in its sole discretion;

5.7.5 Posting or transmitting, or causing to be posted or transmitted, via the Ethnus Services any nudity;

5.7.6 Posting or transmitting, or causing to be posted or transmitted, via the Ethnus Services any spam;

Ethnus maintains a strict policy forbidding any spam or misuse of email services within its Ethnus Services.

5.7.7 Posting or transmitting, or causing to be posted or transmitted, via Ethnus Services any materials advertising any business other than Ethnus;

Additional and/or different rules may apply in the event Ethnus dedicates a special forum in the future to the promotion and/or offering of services by Ethnus Customers.

5.7.8 Seeking to obtain private financial information from any Consumer;

5.7.9 To impersonate any other person;

5.7.10 To provide any false information;

5.7.11 Registering or attempting to register an account with Ethnus without its express authorization after having been terminated or suspended by Ethnus for any reason; and/or

5.7.12 Interfering with Ethnus’s security measures.

5.7.13 Circumventing and/or violating any person’s privacy rights.

5.7.14 Attempting to engage in any prohibited conduct.

5.8 Should you believe that a Ethnus Customer or person has violated any of the foregoing prohibited uses in 5.7, you should immediately notify Ethnus via info@codemithra.com.

5.9 Upon learning of any error, omission or violation of these Terms of Use by any other third party, you shall immediately notify Ethnus via info@codemithra.com.

5.10 You assume all liability for anything purchased using Ethnus Services through your Account, whether intended for you or for a third party.

5.11 Cancellation of Account.

You may cancel your Account at any time. Before doing so, Ethnus recommends you review these Terms of Use carefully so you understand what will occur upon cancellation particularly in relation to payments for Ethnus Services.

To effectively cancel your Account, please contact us at info@codemithra.com for assistance.  Upon doing so, the cancellation of your Account will take place promptly.

Upon cancellation, all of your Content may be deleted permanently. Ethnus shall not be responsible for the loss of any Content due to the cancellation (or termination) of a Ethnus Account.

Ethnus is not responsible should an Account remain active if the cancellation procedure described above is not followed.

5.12 Termination of Account.

Ethnus reserves the right to refuse its Ethnus Services to anyone should it believe that the Ethnus Services have been abused. For a non-exclusive list of what Ethnus considers abuse, you should refer to Section 5.7 above. Though specific prohibited items have been listed, Ethnus reserves the right to consider any action or conduct inconsistent with the intended use of Ethnus Services to constitute abuse.

Should Ethnus believe that the Ethnus Services have been, will be, or are being used for any unlawful purpose and/or used in violation of any of these Terms of Use or any other Ethnus agreement or policy, Ethnus may (a) terminate an account immediately; (b) refuse its Ethnus Services to anyone; and/or (c) take any further action as permitted by law.

Additionally, Ethnus may terminate a Ethnus Account immediately in the event that Ethnus believes, in its sole discretion, that a Ethnus Customer is “flooding” the Ethnus Services.

Ethnus also reserves the right to suspend or terminate a Ethnus Account should Ethnus become involved in pending litigation or other similar dispute with a Ethnus Customer in relation to the Ethnus Account, or for any other reason. Should a Ethnus Customer become involved in litigation or other similar dispute in relation to a Ethnus Account, Ethnus also may suspend or terminate the Ethnus Account immediately and without notice.  Where Ethnus merely becomes involved in a dispute as the third party escrow for information at issue between you and a job candidate, the account will not be cancelled or suspended.

Should Ethnus become aware of litigation relating to a Ethnus Account, Ethnus reserves the right to preserve Content associated with the Ethnus Account.

5.13 Consequences of Termination.

Should your Account become terminated, Ethnus may, in our sole discretion and without liability to You, remove and discard any information associated with your Account including, but not limited to, any Content or Customer Content.

Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination.

Ethnus shall not be liable to you or any third-party for any termination of your Account or your use of the Ethnus Services.

Any Ethnus Customer whose Account has been terminated by Ethnus may not access the Ethnus Services without the prior express written permission of Ethnus.

There shall be no refunds for any use of Ethnus Services terminated as a result of a breach of these Terms of Use.

Ethnus may also refuse registration, terminate an account, and/or refuse Ethnus Services to any person who registers or attempts to register an account with Ethnus without authorization after having had an account previously suspended or terminated by Ethnus. In particular, should Ethnus identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.

5.14 Should the Ethnus Services become terminated globally for any reason, all Ethnus accounts shall be terminated immediately, without any prior notifications by Ethnus.

6. Objectionable Content.

Ethnus does not endorse any Customer Content made available via Ethnus Services.  Ethnus reserves the right, but not the obligation, to delete posts and/or Content that it believes, in its sole discretion, violate these Terms of Use.  However, the failure of Ethnus to delete any post and/or Content does not constitute an endorsement of it.

Ethnus is not responsible for any false, defamatory, libellous, or slanderous Content posted by its Ethnus Customers.  If you believe any Content violates your rights or those of a third party in any way, you may contact Ethnus via info@codemithra.com.

7. Intellectual Property Rights

7.1 Software. Ethnus Services and any necessary software used in connection with the Ethnus Services (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. Ethnus or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by Ethnus or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.

7.2 Copyright.

Ethnus shall possess and retain all copyrights to content created by Ethnus (“Ethnus Content”).  Ethnus may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.

You shall possess and retain all interest in your Video Content.  However, you may only download Video Interviews if you purchase an annual subscription.  Otherwise, you will have access to your Video Interviews, but cannot download them to your computers.  Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account.   All copyrights in Customer Content shall remain with the applicable owners of such copyrights.

By using Ethnus Services, you provide Ethnus a license to use your Customer Content and Video Content for purposes of providing Ethnus Services in relation to your Account. You may link to our Website from your own websites and other third party websites, so long as you do so in accordance with these Terms of Use.  However, you may not frame any elements of Ethnus Services within any other website.

Your use of any third party software or content obtained through the Ethnus Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the Ethnus Services except as expressly authorized under the applicable third party provider’s terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers’ terms of use or license agreement, do not download or use the third party software or content.

7.3 Trademarks.

You agree to not use Ethnus Trademarks or any mark that is confusingly similar to such trademarks.  Nothing on or through the Ethnus Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Ethnus Trademarks.  Ethnus reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.

For purposes of displaying your Account and content associated with it, you permit Ethnus to use your name and trademark, if applicable.  You also allow Ethnus to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, Ethnus will remove your name and/or trademark except as necessary to continue providing you with Ethnus Services.

All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Ethnus.  You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Ethnus Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

7.4 Destruction of Materials. Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.

7.5 Limited License. All Ethnus Content is the proprietary property of Ethnus and/or its licensors, with all rights reserved. No Ethnus 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, without Ethnus’s prior written permission. Provided that you are eligible for use of Ethnus Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the Ethnus Services and the Ethnus Content, including a limited license to download or print a copy of any portion of the Ethnus Content to which you have properly gained access solely for your use in relation to the Ethnus Services. You may not upload or republish Ethnus Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Ethnus Services or Ethnus Content without the prior written permission of Ethnus, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

7.6 Unauthorized Access or Circumvention. As stated above, Ethnus takes the privacy of its Ethnus Customers very seriously.  In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers.  Should any person attempt to obtain or obtain unauthorized access to Ethnus servers and/or should any Ethnus Customer attempt to exceed or exceed his/her/its authorized access to Ethnus servers, Ethnus shall consider such conduct to violate the laws of the land and seek legal recourse for both civil and criminal penalties.  Ethnus considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct. Moreover, Ethnus shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as wilful cooperation in such conduct.

7.7 Job Seeker Content and Information.

Ethnus does not own any job candidate content or information. The ownership of this content and information can vary depending on circumstances. Indeed, the laws related to privacy of consumer information often intersect and overlap with those relating to the privacy and ownership of employee information. In particular, the GDPR provides EU consumers with certain rights related to their personal information. At the same time, employers possess rights and obligations to retain certain employee and job candidate information. Should Ethnus receive any request relating to job candidate content and information from that job candidate, Ethnus will forward the request for you, the employer, to process. Absent a court order or clear indication of applicable law, Ethnus will thereafter defer to and comply with the employer direction. In so doing, however, Ethnus reserves the right to fully inform any job candidate of their respective rights and how to address such a dispute. Finally, as the employer, you affirm that any direction you provide to Ethnus shall be based on a good faith interpretation of then existing laws applicable to you and the job candidate. Pursuant to Paragraph 11 below, you shall indemnify Ethnus for any consequence of its compliance with your direction as to job candidate requests related to their content and information.

8. DMCA Policy

8.1 Ethnus respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through Ethnus Services any materials that violate another party’s intellectual property rights. When Ethnus receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).

8.2 If you believe that any material on or through the Ethnus Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.

8.3 If you believe that your own copyrighted work is accessible on or through the Ethnus Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:

(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Ethnus can locate the material;

(B). Identify the URL or other specific location on the Website or Ethnus Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;

(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

(D). Include 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;

(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf; and,

(F). Include your name, mailing address, telephone number and email address.

8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:

Ethnus Consultancy Services Pvt. Ltd.

No.151/17/1, SST Chambers, Second Floor, 36th Cross Road, Jayanagar 5th Block, Bengaluru 560041, India

Attention: NOTICES

email: info@codemithra.com

8.5 Ethnus has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Ethnus may also in its sole discretion limit access to the Ethnus Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

9. RESERVED FOR FUTURE USE

10. RESALE OF SERVICE

Unless otherwise agreed to in writing by Ethnus, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to Ethnus Services.

11. INDEMNIFICATION

You agree to indemnify and hold Ethnus (as defined in 14.1.3) harmless against and from any claim, demand, expenses, or losses, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against Ethnus due to or arising out of: (A) your use of and/or connection to the Apps, Website, and/or Ethnus Services; (B) your sharing of any content obtained through use of the Apps, Website, and/or Ethnus Services to any third party, particularly your Staffing Clients; (C) the use of any content downloaded from the Apps, Website, and/or Ethnus Services to your computer and/or servers; (D) your violation of these Terms of Use; (E) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Apps, Website, and/or Ethnus Services; (F) any misuse, intended or unintended, of any Video Content (and/or information conveyed therein) by you, your agents, your employees, your customers, your Staffing Clients, and any other parties to whom information is provided; (G) your violation of any rights of any other individual or entity, whether you are a registered user or not; and (H) the use of any Content and information obtained from Ethnus Services by your Staffing Clients. You are responsible for your actions when using the Apps, Website, and/or Ethnus Services, including, but not limited to, costs incurred for Internet access.  In all cases, Ethnus shall have the right to choose its own counsel.

12. DISCLAIMER OF WARRANTIES

12.1 THE APPS, WEBSITE, AND/OR Ethnus SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

12.2 Ethnus SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPS, WEBSITE, AND/OR Ethnus SERVICES:

THE ABILITY OF THE APPS, WEBSITE, AND/OR Ethnus SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;

ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;

ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

ANY WARRANTIES OF NON-INFRINGEMENT; AND

ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF Ethnus IN THE APPS, WEBSITE, AND/OR Ethnus SERVICES, OR ANY WARRANTY THAT THE APPS, WEBSITE, AND/OR Ethnus SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

12.3 Ethnus IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, Ethnus IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.5 Ethnus MAKES NO WARRANTY THAT THE APPS, WEBSITE, Ethnus SERVICES, AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.

12.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APPS, WEBSITE, AND/OR Ethnus SERVICES.  HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE Ethnus SERVICES, OR OTHER INTERACTION WITH THE Ethnus SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE Ethnus SERVICES. WE DO NOT WARRANT THAT (i) THE Ethnus SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE Ethnus SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Ethnus SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Ethnus SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

12.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES.

12.8 THESE DISCLAIMERS ALSO APPLY TO YOUR STAFFING CLIENTS WHO OBTAIN FROM YOU AND/OR USE ANY CONTENT OR INFORMATION FROM THE APPS, WEBSITE, AND/OR Ethnus SERVICES./p>

13. THIRD PARTY LINKS AND PRODUCTS

13.1 IN CONNECTION WITH THE Ethnus SERVICES, Ethnus MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.

13.2 Ethnus NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.

13.3 Ethnus IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.

13.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.

13.5 Ethnus SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

13.6 THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.

13.7 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY Ethnus, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. Ethnus SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.

14. LIMITATION OF LIABILITY

14.1 GENERAL TERMS.  FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:

14.5.1 THE USE OF OR THE INABILITY TO USE THE Ethnus SERVICES; 

14.5.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Ethnus SERVICES;

14.5.3 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA; 

14.5.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Ethnus SERVICES; 

14.5.5 THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION;

14.5.6 THESE TERMS OF USE; OR 

14.5.7 ANY OTHER MATTER RELATING TO THE Ethnus SERVICES.

14.6 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU, YOUR STAFFING CLIENTS, OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE.  WHERE ANY COURT OF COMPETENT JURISDICTION LIMITS THE ABILITY OF Ethnus TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT Ethnus SHALL BE LIABLE TO YOU, YOUR STAFFING CLIENTS, OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT OF PAYMENTS YOU PAID TO Ethnus.

14.7 IF YOU ARE DISSATISFIED WITH THE APPS, WEBSITE, AND/OR Ethnus SERVICES, OR YOU HAVE ANY DISPUTE WITH Ethnus IN CONNECTION WITH THE SAME OR THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE APPS, WEBSITE, AND/OR Ethnus SERVICES.

14.8 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU, YOUR STAFFING CLIENTS, OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY CURRENT, FORMER, AND/OR POTENTIAL EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-STAFFING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR Ethnus SERVICES.

14.9 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU, YOUR STAFFING CLIENTS, OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES. PARTICULARLY, Ethnus SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY CUSTOMER.

14.10 YOU AGREE THAT Ethnus SHALL NOT BE LIABLE TO YOU, YOUR STAFFING CLIENTS, OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR Ethnus SERVICES DELIVERED TO YOUR STAFFING CLIENTS. PARTICULARLY, Ethnus SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY OF YOUR STAFFING CLIENTS.

14.11 YOU AGREE THAT Ethnus AND ITS STRATEGIC PARTNERS SHALL NOT BE LIABLE TO YOU, YOUR STAFFING CLIENTS, OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.

14.11.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE APPS, WEBSITE, AND/OR Ethnus SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (2) THAT THE FUNCTIONS PERFORMED BY THE APPS, WEBSITE, AND/OR Ethnus SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE Ethnus SERVICES WILL BE CORRECTED.

14.11.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE APPS, WEBSITE, AND Ethnus SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

15.EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.

16. RESERVED FOR FUTURE USE.

17. General Provisions

17.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.

17.2 Applicable Law. These Terms of Use shall be construed and enforced at Bangalore without regard to its conflicts of laws provisions. Similarly, the courts of Bangalore (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and Ethnus. You agree to submit to the personal and subject matter jurisdiction of the courts located Bangalore. You also agree the venue for any action, dispute or proceeding with respect to this Agreement or any dispute between you and Ethnus shall be Bangalore. You further waive all defences to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens.

17.3 Arbitration Clause.

Except with respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield (see below), any dispute, claim, or controversy arising out of these Terms of Use, the Apps, Website, and/or Ethnus Services shall be settled by arbitration in Bangalore. Such arbitration shall be conducted in accordance with the Comprehensive Arbitration and Conciliation Act 1996. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated.

A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by ICADR. The arbitrator may award legal fees (including, but not limited to, attorneys’ fees, paralegal fees, etc.), expenses, and costs as part of the award.

Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.

Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.

With respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield, we direct you to Section 6 of our Privacy and Security Policy entitled Dispute Resolution. Should you have any questions, please contact us at info@codemithra.com.

 

17.4 Class Actions Waived. You expressly waive any right to participate in any class action against Ethnus for any claims related to the Apps, Website, and/or Ethnus Services. In fact, by using the Apps, Website, and/or Ethnus Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to resolve any claims through class actions against Ethnus.

17.5 Entire Agreement. These Terms of Use, as they shall be modified from time to time, constitute the full and complete understanding among them with respect to the subject matter hereof and supersede and pre-empt any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of these Terms of Use.  Indeed, you affirm that you are not relying upon any verbal or written representations whatsoever, except as expressly set forth in these Terms of Use.

17.6 Incorporation Clause. These Terms of Use expressly incorporate the terms provided for in Ethnus’s Privacy and Security Policy, its Data Protection Agreement, and related terms and documents.

17.7 Intentionally Omitted.

17.8 Independent Parties. You and Ethnus are independent parties and nothing contained in these Terms of Use shall be construed or implied to create any agency or partnership between you and Ethnus. At no time shall you or Ethnus act as an agent for or make commitments for or in the name of the other party.

17.9  Trial Waived. As provided in the Arbitration Clause above, you acknowledge that all disputes with Ethnus shall be resolved through arbitration. Should any arbitration or court find such restriction unenforceable and/or should any dispute appear before a court, you expressly waive any right to a trial in any action against Ethnus for any claims related to the Apps, Website, and/or Ethnus Services. In fact, by using the Apps, Website, and/or Ethnus Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to obtain a trial in any action against Ethnus.

17.10 Legal Advice Not Provided. You acknowledge and agree that Ethnus has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations.  You agree not to construe any Ethnus communications as legal advice.

17.11 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe these Terms of Use or otherwise be given any legal effect.

17.12 Reasonableness. The Parties have read each of the terms in these Terms of Use and consider each of them, including all subparts, to be reasonable.

17.13 Savings Clause. In the event that any provision of these Terms of Use is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of these Terms of Use shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its forms modified by the court, shall then be enforceable and shall be enforced.

17.14 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or Ethnus Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or Ethnus Services shall accrue on the first date of publication.

17.15 Survival. You agree that certain of these Terms of Use shall survive termination or expiration of your use of the Ethnus Services to achieve the fundamental purposes of these Terms of Use including, but not limited to, Sections 1, 5-8, and 11-15, 17.

17.16 Waiver.

17.16.1 No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17.16.2 The failure of Ethnus to insist, in any one or more instances, upon the performance of any of the terms of these Terms of Use or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.

17.16.3 No employee, agent or representative, including without limitation a customer service representative, of Ethnus shall be entitled to waive any term of these Terms of Use or any other Ethnus’ agreement or policy.

17.17 Notices. Notices by Ethnus to you for any reason (including changes to these Terms of Use, the Apps, the Website, and/or Ethnus Services, the fees, or other similar matters) may be provided by a general posting on the Website at www.codemithra.com. Notices by you to Ethnus may be given through electronic mail to info@codemithra.com unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from Ethnus, you may not assume that your notice has been received.

17.18 Restricted Locations.

The Apps, Website, and/or Ethnus Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

You agree to comply with all local rules regarding online conduct and what Ethnus deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.

You agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

 

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