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Terms of Posting at EduPostings.
General
In this document, the word "announcer" represents and includes the person(s), the organization(s), the agent(s) / the agency(ies) acting on behalf of any person or any organization who submits an posting / posting of all kinds for publishing or listing in EduPostings; the word "posting" is the text to be listed or posted or published or announced in EduPostings - including, but not limited to job postings, resume postings and postings about products, services and institutions; the word "EduPostings" represents EduPostings website, the newsletter and other publications and the owners of this project; the phrase “Officers and Associates” means and includes the officers, directors, advisors, shareholders, members, donors, business partners, associates, volunteers, producers, sponsors, advertisers, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors, assigns and all others of EduPostings, its parent organizations and other organizations directly or indirectly related to EduPostings.
EduPostings reserves the right to change any of these terms at any time without any notice to anyone.
If the posting is submitted by an agent / an agency / an organization on behalf of any person(s) or organization(s), the announcer hereby acknowledges (a) that the announcer has the legal consent from the person(s) / the organization(s) to make the posting; (b) that the announcer acknowledges that the person(s) / organization(s) represented by the announcer have also agreed and accepted the terms mentioned in this document.
The announcer hereby acknowledges that the announcer is legally empowered with due corporate authority to enter into this contract and agrees to be bound by the Terms and Conditions of this contract.
The announcer and other persons and organizations mentioned in the posting are jointly and severally responsible and liable for any and all contents of the posting submitted, printed, published, and distributed and will indemnify EduPostings and its Officers and Associates from any damages of any nature as a result of the posting(s).
By submitting a posting for publishing in EduPostings, the announcer and the agent agree to be bound by the terms of this document.
By submitting a posting for inclusion in EduPostings, the announcer clearly understands that
EduPostings is NOT accepting any responsibility to market, sell or promote any job, resume, products or services.
EduPostings's obligations are limited to (a) publish relevant details of the posting at
www.EduPostings.com for a period mentioned in the listing plan from the date of first listing
of the posting; (b) if applicable - include relevant details of the posting in EduPostings newsletter, if any, for the number of times as mentioned in the listing plan.
EduPostings is not obligated to serve the posting to any other person(s) or organization(s) in
any other way.
By submitting a posting for inclusion in EduPostings, the announcer clearly understands that the postings will have a pre-set expiration date as listed in the listing plan. The posting will automatically expire at the end of the listing period - whether or not the posting was seen by any person.
EduPostings is NOT accepting any responsibility to market, sell or promote any job, resume, products or services.
The posting(s) will be considered as published in EduPostings and the payment received, if any, by EduPostings will be considered satisfied / paid for, when the posting has been listed in EduPostings website either manually or automatically. No refund, either partly or fully, will be made once the posting is listed or published as described above.
Cancellations or changes in the posting will not be accepted for the submitted posting after
the posting has been published either in the website or the newsletter. Any cancellations or change
orders or requests to unlist any posting must be made in writing and acknowledged by EduPostings.
No refunds will be made for cancellations or unlisting if any.
EduPostings may, at its sole discretion, permit the announcer to "suspend" the posting before the posting expires. No refunds, either partial or full, will be made for any such suspensions.
EduPostings will not be responsible in any way for any errors in the postings.
The postings must be made only in English!
Only one description of an entity (such as job, person, product, service, etc.,) must be mentioned in one posting!
If for any reason the posting date shall start later than scheduled, EduPostings reserves the right to extend the listing period to beyond the end of the contract without any financial compensation to the announcer or any other person or organization whatsoever.
EduPostings will not be liable for any consequential loss or damage caused by late publication / listing or failure of a posting to appear.
EduPostings reserves all the rights to remove the posting any time, without any notice to any one,
including the announcer or the announcing organization, without any responsibility for any claims, refunds or damages, if the posting violates any of the provisions of this contract or if the posting contains inappropriate, unlawful or sexual content or abusive information or other non-acceptable information, misleading, inaccurate or fraudulent information, unfair competitive claims, or information that does not comply with EduPostings standards of decency and dignity. The announcer agrees and acknowledges that EduPostings's decision will be final and binding in examining and determining if the posting meets the standards of acceptability.
If the announcer is posting the posting on behalf of some other person or organization, the announcer hereby acknowledges and agrees not to charge the person / organization or beneficiary or sell the posting for a higher fee than mentioned in the listing plan.
EduPostings makes it very clear that the Internet is a public network and most pages of www.EduPostings.com may be viewed by anyone from any part of the world. The identities of the viewers cannot be determined or traced or EduPostings cannot restrict their access to the website in any way. Therefore, the announcer hereby acknowledges and agrees that the announcer takes the entire responsibility of posting and the results and consequences there of. EduPostings accepts NO RESPONSIBILITY whatsoever if the postings are viewed or misused by anyone in any way.
EduPostings will not be responsible if any person(s) or organization(s) or any newsletter(s) or
publications(s) or newspaper(s) or email(s) or website(s) reproduce, comment, review or make a mention about the posting.
The announcer hereby acknowledges and agrees that the announcer shall post or publish only postings
about real jobs, candidates, products or services and shall not publish or post any other
information or posting. EduPostings reserves all rights to remove any postings that violate
this provision and other provisions of this contract, without any notice to anyone or without
any penalty for damages.
Payment: The posting fee, if any, is due in full upon submission of the posting by the announcer.
If payment is not made, EduPostings, at its option, may not publish the posting.
Any artwork or material submitted to EduPostings will be generally retained by EduPostings.
The announcer may collect the same by paying shipping charges.
Delivery / Result: EduPostings does not guarantee or warranty, either implicitly or explicitly,
the number of persons or organizations who would see or receive the posting either at the website or by email or any other means within any time frame. EduPostings does not guarantee or warranty
in any way that posting in EduPostings will increase or enhance any sales, responses, resumes, inquiries, income or anything else to the announcer(s) or the organization(s) mentioned in the posting. The announcer hereby clearly understands that the announcer posts in EduPostings at announcer's own discretion and risk. The announcer also hereby clearly understands and agrees that the posting fee, as mentioned in the listing plan, is for publishing the posting and is in no way linked to the number of times the posting is seen.
All figures relating to the number of postings served as determined by EduPostings shall govern,
regardless of whether the announcer is using any other means for determination.
Rejections: EduPostings reserves the right, without liability, to reject, omit or exclude any posting for any reason at any time, with or without notice to the announcer, and whether or not such posting was previously acknowledged, accepted, or published.
Licenses and Indemnification: The announcer grants EduPostings the right to use, reproduce,
publicly display and distribute announcer's posting, including logos, trademarks and brand names and collateral information and warrants that announcer has the right to grant such license.
The announcer represents that the announcer is the owner or is licensed to use the entire contents
and subject matter contained in its postings and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any posting submitted to EduPostings.
In addition, the announcer represents that the announcer's postings and collateral
information do not violate any applicable local, state or federal law or regulation. The announcer acknowledges and assures that the posting does not promote or announce any unlawful job / activity / product / service / event / information.
In consideration of EduPostings' acceptance of such postings and information for publication,
the announcer and any other person(s) / the organization(s) represented by the announcer
will jointly and severally indemnify and hold harmless EduPostings and its Officers and Associates from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) announcer's / the organization(s) breach of any covenants, representations, cliams, assurances and warranties made therein, (ii) EduPostings' performance under this contract, and (iii) the copying, printing, distributing, displaying, transmitting or publishing of announcer's postings or collateral information by EduPostings.
The announcer, the person(s) and organization(s) mentioned in the posting jointly and separately agree to protect, indemnify and hold harmless EduPostings and its licensees from all third party claims or actions arising out of or based on the posting or based on the job / activity / employment mentioned in the posting.
Limitation of Liability: In the event EduPostings fails to publish a posting or of any other
failure, technical of otherwise, of such posting to appear or be transmitted, the sole liability
of EduPostings to the announcer shall be limited to, at EduPostings' sole discretion, a pro rata refund of the fee, placement of the posting at a later time, or extension of the term of posting.
In addition, EduPostings is not responsible for the quality and/or clarity of the content, color or appearance of the postings. UNDER NO CIRCUMSTANCES WILL EduPostings BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST TIME, OPPORTUNITY, INCOME OR PROFITS OR REPUTATION, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF EduPostings HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
EduPostings cannot be held liable for any delays in production or delivery for any reason, including but not limited to due to an Act of God, action by government, system failures, telecommunication failures, electrical failures, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal or transportation interruption, unavailability of material or supplies.
Choice of Law and Forum: This contract shall be interpreted and construed in accordance with
the laws of New York, USA. Each party hereby consents to the exclusive personal jurisdiction
of New York, acknowledges that venue is proper only in any state or Federal court in New York,
agrees that any action related to this contract must be brought in a state or Federal court
in New York, and waives any objection that may exist, now or in the future,
with respect to any of the foregoing.
Credit Cards: In the event that the Announcer pays any amounts due hereunder with a credit/debit/charge card and the issuer of the credit card fails to pay the amounts authorized
by the Announcer, the Announcer shall immediately remit full payment to EduPostings plus any interest due on the outstanding amounts. In addition, if the Announcer pays any amounts due hereunder with a credit card/debit card/charge card and the issuer of the credit card seeks to recover from EduPostings any amounts received by EduPostings from the issuer, the Announcer shall immediately remit to EduPostings all amounts necessary to comply with the issuer's request and any costs and expenses incurred by EduPostings.
Miscellaneous: No public statements concerning the existence or terms of this contract
will be made or released to any medium except with the prior approval of both parties
or as required by law. The announcer may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to EduPostings. If any portion of the contract is found unenforceable for any reason, the reminder will remain in full force and effect. No waiver by EduPostings shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; EduPostings will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorized representative of EduPostings. All terms of this contract, which by their nature extend beyond its termination, remain in effect until fulfilled and apply
to the respective successors and assigns.
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