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ch-aviation Jobs Terms of Use

Terms of Use

 

These Terms of Use were updated effective August 2015.

Terms of Use

This page states the Terms of Use ("Terms") under which you ("You") may use the ch-aviation Jobs Sites and the Services (each as defined below). 

These Terms constitute a binding agreement between You and ch-aviation GmbH (“ch-aviation”), and are deemed accepted by You each time that You use or access any ch-aviation Jobs Site or ch-aviation Services. If You do not accept the Terms stated here, do not use the ch-aviation Jobs Sites and the ch-aviation Services.

ch-aviation may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.

Users who violate these Terms may have their access and use of the ch-aviation Jobs Sites suspended or terminated, at ch-aviation’s discretion.

1. Use of ch-aviation Content.

ch-aviation authorizes You, subject to these Terms, to access and use the ch-aviation Jobs Sites and the ch-aviation Content (as defined below) and to download and print the content available on or from the ch-aviation Jobs Sites solely for Your personal, non-commercial use. The contents of the ch-aviation Jobs Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other ch-aviation content (collectively, "ch-aviation Content"), are protected under copyright, trademark and other laws. All ch-aviation Content is the property of ch-aviation or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the ch-aviation Jobs Sites is the exclusive property of ch-aviation and is protected by copyright, trademark, and other laws. Unauthorized use of the ch-aviation Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original ch-aviation Content on any authorized copy You make of the ch-aviation Content.

Any code that ch-aviation creates to generate or display any ch-aviation Content or the pages making up any ch-aviation Jobs Site is also protected by ch-aviation's copyright and You may not copy or adapt such code subject to applicable law.

You agree not to sell or modify the ch-aviation Content or reproduce, display, publicly perform, distribute, or otherwise use the ch-aviation Content in any way for any public or commercial purpose, in connection with products or services that are not those of the ch-aviation Jobs Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ch-aviation or its licensors, that dilutes the strength of ch-aviation's or its licensor’s property, or that otherwise infringes ch-aviation's or its licensor’s intellectual property rights. You further agree to in no other way misuse ch-aviation Content. The use of the ch-aviation Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that ch-aviation creates to generate or display any ch-aviation Content or the pages making up any Application or Service is also protected by ch-aviation's copyright and you may not copy or adapt such code.

2. Use of the ch-aviation Services.

The job posting and other features of the ch-aviation Jobs Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the ch-aviation Services is also subject to any other contracts You may have with ch-aviation. In the case of any conflict between these Terms and any contract you have with ch-aviation, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a ch-aviation Jobs Site.

All ch-aviation Users agree to not:

(a) transmit, post, distribute, store or destroy material, including without limitation ch-aviation Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of ch-aviation’s privacy policy;

(b) take any action that imposes an unreasonable or disproportionately large load on any ch-aviation Jobs Site's infrastructure;

(c) use any device to navigate or search any ch-aviation Jobs Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by ch-aviation;

(d) use any data mining, robots or similar data gathering or extraction methods;

(e) violate or attempt to violate the security of any ch-aviation Jobs Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(f) forge any TCP/IP packet header or any part of the header information in any e-mail;

(g) reverse engineer or decompile any parts of any ch-aviation Jobs Site;

(h) aggregate, copy or duplicate in any manner any of the ch-aviation Content or information available from any ch-aviation Jobs Site, including expired job postings, other than as permitted by these Terms;

(i) frame or link to any ch-aviation Content or information available from any ch-aviation Jobs Site, unless permitted by these Terms;

(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;

(k) apply for any job on behalf of another party;

(l) defer any contact from an employer to any agent, agency, or other third party;

(m) share with a third party any login credentials to any ch-aviation Jobs Site;

(n) access data not intended for You or logging into a server or account which You are not authorized to access;

(o) post content that contains restricted or password-only access pages, or hidden pages or images;

(p) solicit passwords or personally identifiable information from other Users;

(q) delete or alter any material posted by any other person or entity;

(r) harass, incite harassment or advocate harassment of any group, company, or individual;

(s) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;

(t) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any ch-aviation Jobs Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";

(u) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by 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;

(v) use the ch-aviation Services for any unlawful purpose or any illegal activity, or post or submit any content, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by ch-aviation’s discretion; or

Violations of system or network security may result in civil and/or criminal liability. ch-aviation 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.

3. Additional Terms Applicable to Employers.

Employers are solely responsible for their postings on ch-aviation Jobs Sites. ch-aviation is not to be considered to be an employer with respect to Your use of any ch-aviation Jobs Site and ch-aviation shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any ch-aviation Jobs Site.

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account will be marked as deleted in and may be deleted from ch-aviation's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through ch-aviation’s web servers. 

Job postings

A Job posting may not contain:

(a) any hyperlinks, other than those specifically authorized by ch-aviation;

(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in ch-aviation’s reasonable discretion;

(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by ch-aviation;

(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;

(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;

(f) inaccurate, false, or misleading information; and

(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 16.

You may not use Your ch-aviation job posting or ch-aviation to:

(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;

(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;

(d) post jobs or other advertisements for competitors of ch-aviation or post jobs or other content that contains links to any site competitive with ch-aviation;

(e) sell, promote or advertise products or services;

(f) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;

(g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

(h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;

(i) promote any opportunity that does not represent bona fide employment;

(j) post jobs on any ch-aviation Jobs Site for modeling, acting, talent or entertainment agencies or talent scouting positions;

(k) advertise sexual services or seek employees for jobs of a sexual nature;

(l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;

(m) endorse a particular political party, political agenda, political position or issue;

(n) promote a particular religion;

(o) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.

ch-aviation reserves the right to remove any job posting or content from any ch-aviation Jobs Site, which in the reasonable exercise of ch-aviation’s discretion, does not comply with the above Terms, or if any content is posted that ch-aviation believes is not in the best interest of ch-aviation.

If at any time during Your use of the ch-aviation Services, You made a misrepresentation of fact to ch-aviation or otherwise misled ch-aviation in regards to the nature of Your business activities, ch-aviation will have grounds to terminate Your use of the ch-aviation Services.

4. Additional terms applicable to Job Seekers.

When You register with any ch-aviation Jobs Site, You will be asked to create an account and provide ch-aviation with certain information including, without limitation, a valid email address (Your "Information").

ch-aviation reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

5. Notification Of Claimed Copyright or Trademark Infringement.

If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any ch-aviation Jobs Site and is accessible on such ch-aviation Jobs Site in a way that constitutes copyright or trademark infringement, please contact ch-aviation by email at feedback@ch-aviation.com or by regular mail to:

ch-aviation GmbH

Quaderstrasse 8

7000 Chur

Switzerland

6. Termination following Infringement of The Copyright Or Other Intellectual Property Rights Of Others.

ch-aviation respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the ch-aviation Jobs Sites, You agree not to use any ch-aviation Jobs Site to infringe the intellectual property rights of others in any way. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact ch-aviation as set out in Section 5 above.

7. ch-aviation's Liability.

The ch-aviation Jobs Sites act as, among other things, venues for (i) employers to post job opportunities and (ii) candidates to search for and evaluate job opportunities. ch-aviation does not screen or censor the listings. ch-aviation is not involved in, and does not control, the actual transaction between employers and candidates. As a result, ch-aviation is not responsible for the quality, safety or legality of the jobs posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and ch-aviation makes no representations about any jobs on the ch-aviation Jobs Sites. While ch-aviation reserves the right in its sole discretion to remove job postings or other material from the ch-aviation Jobs Sites from time to time, ch-aviation does not assume any obligation to do so and to the fullest extent permitted by law, disclaims any liability for failing to take any such action.

The ch-aviation Jobs Sites and the ch-aviation Content may contain inaccuracies or typographical errors. ch-aviation makes no representations about the accuracy, reliability, completeness, or timeliness of any ch-aviation Jobs Site or the ch-aviation Content. The use of all ch-aviation Jobs Sites and the ch-aviation Content is at Your own risk. Changes are periodically made to ch-aviation Jobs Sites and may be made at any time. ch-aviation cannot guarantee and does not promise any specific results from use of any ch-aviation Jobs Site. No advice or information, whether oral or written, obtained from ch-aviation or through or from any ch-aviation Jobs Site shall create any warranty not expressly stated herein.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

If you are a Polish resident, You acknowledge that on the basis of Article 558 ss 1 of the Polish Civil Code, ch-aviation’s warranty for the physical and legal defects of the offered products/services is excluded.

ch-aviation does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any ch-aviation Jobs Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 5 above.

If notified of any content or other materials which allegedly do not conform to these Terms, ch-aviation may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. ch-aviation has no liability or responsibility to Users for performance or nonperformance of such activities.

8. Disclaimer of Warranty.

TO THE FULLEST EXTENT POSSIBLE BY LAW, CH-AVIATION DOES NOT WARRANT THAT ANY CH-AVIATION JOBS SITE OR ANY CH-AVIATION SERVICES WILL OPERATE ERROR-FREE OR THAT ANY CH-AVIATION JOBS SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY CH-AVIATION JOBS SITE OR THE CH-AVIATION CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, CH-AVIATION IS NOT RESPONSIBLE FOR THOSE COSTS. THE CH-AVIATION JOBS SITES AND CH-AVIATION CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CH-AVIATION, 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. CH-AVIATION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CH-AVIATION CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

9. Disclaimer of Consequential Damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL CH-AVIATION, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY CH-AVIATION JOBS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY CH-AVIATION JOBS SITE AND THE CH-AVIATION CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CH-AVIATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Limitation of Liability.

TO THE FULLEST EXTENT POSSIBLE BY LAW, CH-AVIATION'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY CH-AVIATION JOBS SITE OR YOUR USE OF THE CH-AVIATION CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

11. Links to Other Sites.

The ch-aviation Jobs Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by ch-aviation of the contents on such third-party Web sites. ch-aviation 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. If You decide to access linked third-party Web sites, You do so at Your own risk.

12. 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 any ch-aviation Jobs Site.

13. Indemnity.

You agree to defend, indemnify, and hold harmless ch-aviation, 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 material You provide to any ch-aviation Jobs Site, (ii) Your use of any ch-aviation Content, or (iii) Your breach of these Terms. ch-aviation shall provide notice to You promptly of any such claim, suit, or proceeding.

14. General.

ch-aviation makes no claims or representations that the ch-aviation Content may be lawfully viewed or accessed outside of Switzerland. Access to the ch-aviation Content may not be legal by certain persons or in certain countries. If You access any ch-aviation Jobs Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

These Terms are governed by the laws of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English courts. 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, ch-aviation’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect ch-aviation’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, these Terms constitute the entire agreement between You and ch-aviation with respect to the use of the ch-aviation Jobs Sites. No changes to these Terms shall be made except by a revised posting on this page.

15. Additional Terms.

Certain areas of the ch-aviation Jobs Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

16. Term and Termination.

These Terms will remain in full force and effect while You are a User of any ch-aviation Jobs Site. ch-aviation 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 the ch-aviation Jobs Sites and immediate termination of Your registration with or ability to access the ch-aviation Jobs Sites and/or any other services provided to You by ch-aviation, upon any breach by You of these Terms or if ch-aviation is unable to verify or authenticate any information You submit to a ch-aviation Jobs Site registration. Even after You are no longer a User of the ch-aviation Jobs Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 6 through 15, inclusive.