This page states the Terms of Use ("Terms") under which You (as defined below) may use www.careershine.com ("CareerShine.com"), an on-line service to provide You with professional development and placement services. Please read these terms carefully. By accessing or using CareerShine.com, You agree to be bound by the Terms below. The Careershine Privacy Policy is included in these Terms by reference. If You do not accept the Terms stated here, do not use CareerShine.com and its services. By using CareerShin.com, You agree to be bound by these Terms, including the CareerShine.Com Privacy Policy. These Terms may be modified by CareerShine.com at any time, and such modifications shall be effective immediately from the time the modified agreement is posted on CareerShine.com
You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing CareerShine.com for any reason. The term “post” as used herein shall mean information that You submit, publish or display on CareerShine.com (as defined below).
1. Eligibility.
To visit or use CareerShine.com in any manner, You must be the age of majority. By visiting CareerShine.com or accepting these Terms, You represent and warrant to CareerShine.com that You have reached the age of majority in your jurisdiction, that You have the right, authority and capacity to agree to and abide by these Terms, and that You will use CareerShine.com in a manner consistent with any and all applicable laws and regulations.
2. Use of CareerShine.com Content.
You are authorized to view and access a single copy of the content available on or from CareerShine.com solely for your personal use. The contents of CareerShine.com, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other CareerShine.com content, are protected under both Japanese and foreign copyright, trademark and other laws. All CareerShine.com Content is the property of CareerShine.com or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on CareerShine.com is the exclusive property of CareerShine.com and is protected by Japanese and foreign trademark, copyright, and other laws. Unauthorized use of the CareerShine.com Content may violate these laws, and is strictly prohibited. You must retain all trademark, copyright, service mark and other proprietary notices contained in the original CareerShine.com Content on any authorized copy You make of the CareerShine.com Content. You agree not to modify or sell the CareerShine.com Content or display, reproduce, distribute, publicly perform, or otherwise use the CareerShine.com Content in any way for any commercial or public purpose, in connection with services or products that are not those of CareerShine.com, in any other manner that is likely to cause confusion among consumers, that discredits or disparages CareerShine.com or its licensors, that dilutes the strength of CareerShine.com's or its licensor’s property, or that otherwise infringes CareerShine.com's or its licensor’s intellectual property rights. You further agree to in no other way misuse CareerShine.com Content that appears on this Site. The use of the CareerShine.com Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that CareerShine.com creates to generate or display any CareerShine.com Content or the pages making up any CareerShine.com Site is also protected by CareerShine.com's copyright and you may not adapt or copy such code.
3. CareerShine.com Site Restrictions.
Users may not use CareerShine.com in order to post, transmit, distribute, store or destroy material, including without limitation, CareerShine.com Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the trademark, copyright, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is obscene, defamatory, abusive, threatening, or hateful. Users are also prohibited from violating or attempting to violate the security of CareerShine.com, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to CareerShine.com, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network or system or security may result in civil and/or criminal liability. CareerShine.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. In order to ensure a safe and effective experience for all of our customers, CareerShine.com reserves the right to limit the amount of data that may be accessed by You in any given time period. These limits may be amended in CareerShine.com's sole discretion from time to time.
4. Specific Prohibited Uses.
All features of CareerShine.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. CareerShine.com specifically prohibits any other use of CareerShine.com, and all Users agree not to do any of the following: (a) post any information for any competitor of CareerShine.com or post content that contains links to any site competitive with CareerShine.com; (b) use any CareerShine.com information for any purpose other than as an employee seeking employment or an employer seeking employees, including but not limited to using the information in CareerShine.com to sell or promote any products or services; (c) post or submit to CareerShine.com any false, incomplete, or inaccurate biographical information or information which is not your own; (d) post on CareerShine.com any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (e) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of CareerShine.com; (f) delete or revise any material posted by any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on the CareerShine.com Site's infrastructure; (h) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search CareerShine.com other than the search engine and search agents available from CareerShine.com and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (i) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of a CareerShine.com; (j) aggregate, copy or duplicate in any manner any of the CareerShine.com Content or information available from any CareerShine.com Site, without express written consent from CareerShine.com; or (k) frame or link to any CareerShine.com Content or information available from CareerShine.com. CareerShine.com does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 8 below. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, CareerShine.com may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. CareerShine.com has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information.
You will be asked to create a CareerShine.com Account or other account and provide CareerShine.com with certain information including, without limitation, a valid email address (your "Information") when you register with CareerShine.com. Information you submit will be used in accordance with CareerShine.com Privacy Policy. Please see CareerShine.com's Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information. You understand and acknowledge that you have no ownership rights in your CareerShine.com Account, and that if you cancel your CareerShine.com Account, all your account information from CareerShine.com, including resumes, Profiles, cover letters, network contacts, questionnaires and email mailing lists, will be removed from any public area of CareerShine.com. Information may continue to be available for some period of time because of delays in propagating such deletion through CareerShine.com's web servers.
6. User Content and Submissions.
You are solely responsible for your CareerShine.com Account information, employer account information or job postings, Profile, content, messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on CareerShine.com or transmit to other Users. You agree that in submitting User Content or otherwise using CareerShine.com that you will not impersonate any person, or submit any materials to CareerShine.com that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms. If you post User Content to any public area of the CareerShine.com Site, You automatically grant to CareerShine.com and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers). You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. By posting User Content in any public area of CareerShine.com, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on CareerShine.com retains any and all rights that may exist in such User Content.
CareerShine.com acts as a passive conduit for the online publication and distribution of User Content and has no obligation to screen User Content, information or communications in advance and is not responsible for screening or monitoring User Content posted by Users. However, CareerShine.com may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of CareerShine.com. CareerShine.com reserves the right to expel Users and prevent their further access to CareerShine.com and/or use of CareerShine.com services for violating the Terms or applicable laws, rules or regulations. CareerShine.com may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for CareerShine.com, damage CareerShine.com's brand or public image, or cause CareerShine.com to lose (in whole or in part) the services of its ISPs or other suppliers. CareerShine.com does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on CareerShine.com. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• harasses, incites harassment or advocates harassment of any group or individual;
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
• contains restricted or password only access pages, or hidden pages or images; or
• provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
• solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, CareerShine.com may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. CareerShine.com has no liability or responsibility to Users for performance or nonperformance of such activities.
CareerShine.com appreciates hearing from our Users and welcomes your comments regarding our services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, materials or inventions other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of CareerShine.com. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. CareerShine.com shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
7. Registration and Password.
You are responsible for maintaining the confidentiality of your account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your CareerShine.com registrations and passwords, whether or not authorized by You. You agree to immediately notify CareerShine.com of any unauthorized use of your account, Profile, or passwords as the case may be.
8. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to CareerShine.com and is accessible in a way that constitutes copyright or trademark infringement, please contact developer@careershine.com
9. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
CareerShine.com, and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, copying, reproduction, modification, distribution, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of CareerShine.com, You agree not to use CareerShine.com to infringe the intellectual property rights of others in any way. We will terminate the accounts of any CareerShine.com Users, and block access to CareerShine.com of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
10. CareerShine.com's Liability.
CareerShine.com is not involved in the actual transaction between employers and candidates. As a result, CareerShine.com has no control over User Content, the truth, accuracy, quality, safety or legality information posted, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and CareerShine.com makes no representations about any jobs, resumes or User Content made available through CareerShine.com. CareerShine.com may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for CareerShine.com, damage CareerShine.com's brand or public image, or cause CareerShine.com to lose (in whole or in part) the services of its ISPs or other suppliers. While CareerShine.com reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from CareerShine.com from time to time, CareerShine.com does not assume any obligation to do so and disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through CareerShine.com. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using CareerShine.com.
Because User authentication on the Internet is difficult, CareerShine.com cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on CareerShine.com, in the event that You have a dispute with one or more Users, You release CareerShine.com (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
CareerShine.com may contain inaccuracies or typographical errors. CareerShine.com makes no representations about the accuracy, reliability, completeness, or timeliness of CareerShine.com Content. The use of CareerShine.com and the CareerShine.com Content is at your own risk. Changes are periodically made to CareerShine.com and may be made at any time. You acknowledge and agree that You are solely responsible for the content, form, and accuracy of any resume or material contained therein placed by You on CareerShine.com. Employers are solely responsible for their postings through CareerShine.com. CareerShine.com is not to be considered to be an employer with respect to your use of CareerShine.com and CareerShine.com shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs through CareerShine.com.
CareerShine.com cannot guarantee and does not promise any specific results from use of CareerShine.com. No advice or information, whether oral or written, obtained by a User from CareerShine.com or through or from CareerShine.com shall create any warranty not expressly stated herein.
11. Disclaimer of Warranty.
CAREERSHINE.COM DOES NOT WARRANT THAT CAREERSHINE.COM WILL OPERATE ERROR-FREE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF CAREERSHINE.COM OR THE CAREERSHINE.COM CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAREERSHINE.COM IS NOT RESPONSIBLE FOR THOSE COSTS. THE CAREERSHINE.COM SITE AND CAREERSHINE.COM CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CAREERSHINE.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. CAREERSHINE.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CAREERSHINE.COM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
12. Disclaimer of Consequential Damages. IN NO EVENT SHALL CAREERSHINE.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON CAREERSHINE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE CAREERSHINE.COM AND THE CAREERSHINE.COM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREERSHINE.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability.
CAREERSHINE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CAREERSHINE.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED 10,000 yen.
14. Links to Other Sites.
Careershine.com contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by CareerShine.com of the contents on such third-party Web sites. CareerShine.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. By deciding to access linked third-party Web sites, You do so at your own risk.
15. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of CareerShine.com
16. Indemnity.
You agree to defend, indemnify, and hold harmless CareerShine.Com, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to CareerShine.com, (ii) your use of any CareerShine.com Content, or (iii) your breach of the terms of these Terms. CareerShine.com shall provide notice to You promptly of any such claim, suit, or proceeding.
17. General.
CareerShine.com makes no claims that the CareerShine.com Content may be lawfully viewed or accessed internationally. Access to the CareerShine.com Content may not be legal by certain persons or in certain countries. If You access CareerShine.com, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of Tokyo, Japan, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Tokyo, Japan. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, CareerShine.com's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect CareerShine.com's ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of CareerShine.com, a particular "Legal Notice," or software license or material on particular CareerShine.com pages, these Terms constitute the entire agreement between You and CareerShine.com with respect to the use of CareerShine.com. No changes to these Terms shall be made except by a revised posting on this page.
18. Term and Termination
These Terms will remain in full force and effect while You are a User of CareerShine.com at any level. CareerShine.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from CareerShine.com and immediate termination of your registration with or ability to access CareerShine.com and and/or any other services provided to You by CareerShine.com, upon any breach by You of these Terms or if CareerShine.com is unable to verify or authenticate any information You submit to CareerShine.com. Even after You are no longer a User of CareerShine.com, certain provisions of these Terms will remain in effect.
