Terms of Use

This page states the Terms of Use ("Terms") under which you ("You") may use applications and services offered by Monster Worldwide, Inc. or the company operating the application(s) for the country in which You live or in which business is headquartered (“Monster”).

These Terms constitute a binding agreement between You and Monster and are deemed accepted by You each time that You use or access any Monster application (“Application”) or any Monster services (“Services”). If You do not accept the Terms stated here, do not use the Application(s) and the Services.

An Application is defined as any application under Monster’s control, whether partial or otherwise, including any application accessed through the Facebook Platform and/or any mobile interface that allows You to access such application. An Application may include a variety of features and services, including an online service to facilitate professional and personal networking among users of the Application (“Services”). The Application may also allow Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public.

Monster may revise these Terms at any time by posting an updated version to the Application 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 Application or Services suspended or terminated, at Monster’s discretion.

  1. Eligibility

You must be 13 years of age or older to use any Application or Services in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Application or Services under the supervision of a parent, legal guardian or other responsible adult. By visiting any Application page or accepting these Terms, You represent and warrant to Monster that You have reached the age of majority in Your jurisdiction or that You are suitably supervised, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Monster that You will use the Application and Services in a manner consistent with any and all applicable laws and regulations.

  1. Your Content and Submissions.

You understand that all information, data, text, software, music, sound, photographs, graphics, videos, advertisements, messages or other materials submitted, posted or displayed by You on or through an Application (“User Content”) is the sole responsibility of the person from which such User Content originated. Monster claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through the Application and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content, you grant Monster a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, reproduce, adapt, distribute and publish such User Content through the Application. Monster will discontinue this licenced use within a commercially reasonable period after such User Content is removed from the Application. Monster reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

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 licence stated above. If you post User Content in any public area of any Application, You also permit any User to access, display, view, store and reproduce such User Content.

Monster acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Monster 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 any Application or Services. Monster reserves the right to expel Users and prevent their further access to the Application and/or use of the Services for violating the Terms or applicable laws, rules or regulations. Monster 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 Monster, damage Monster’s brand or public image, or cause Monster to lose (in whole or in part) the services of its ISPs or other suppliers.

The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

  • 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;
  • harasses, incites harassment or advocates harassment of any group or individual;
  • involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing,  “spamming” or “phishing”;
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorised copy of another person's copyrighted work, such as providing or making available pirated computer programmes 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;
  • contains restricted or password only access pages or hidden pages or images;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • 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; 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.

In order to protect our Users from commercial advertising or solicitation, Monster reserves the right to restrict the number of e-mails or messages which a User may send to other Users to a number which Monster deems appropriate in its sole discretion.

We appreciate hearing from our Users and welcome your comments regarding any Applications and Services. 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 Monster. 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. Monster 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.

  1. Our Content

Monster authorises You to view and access a single copy of the content available on or from the Application or Services. The contents of the Applications and Services such as text, graphics, images, logos, button icons, software and other Monster content (collectively "Monster Content"), are protected under both United States and international copyright, trademark and other laws. All Monster Content is the property of Monster or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Applications and Services is the exclusive property of Monster and is protected by United States and international copyright, trademark and other laws. Unauthorised use of the Monster Content may violate these laws and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Monster Content on any authorised copy You make of the Monster Content.

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

  1. Restrictions.

Monster Worldwide, Inc., 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 unauthorised posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights.

Users may not use any Application or Service in order to transmit, post, distribute, store or destroy material, including, without limitation, Monster Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any Application, 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 authorised 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 authorisation; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Application, 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, message or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Monster 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 Users, Monster reserves the right to limit the amount of data (including Profile views) that may be accessed by You in any given time period. These limits may be amended in Monster’s sole discretion from time to time.

We will terminate the accounts of any of the Users, and block access to the Application or Services of any Users who are repeat infringers of the copyrights or other intellectual property rights of others or any Users who violate the above restrictions. 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.

 

  1. Specific Prohibited Uses.

The Applications and Services, including any or all features of such Applications and Services, may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.

Monster specifically prohibits any other use of the Applications and Services, and all Users agree not to do any of the following: (a) post content on any Application, including comments and messages, that contain hyperlinks, "hidden" keywords or keywords; (b) post anyone’s identification documents or sensitive financial information; (c) use the Applications or Services to sell or promote any products or services, except those explicitly approved by Monster; (d) use the Profiles for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity, except those explicitly approved by Monster; (e) post or submit any incomplete, false or inaccurate biographical information or information which is not your own; (f) post any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make it 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; (g) 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; (h) delete or revise any material posted by any other person or entity; (i) take any action that imposes an unreasonable or disproportionately large load on any Application’s infrastructure; (j) 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 any Application or Service other than the search engine and search agents available from Monster and other than generally available third party web browsers (e.g. Internet Explorer, Firefox, Safari, Chrome); (k) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Application; (l) aggregate, copy or duplicate in any manner any of Monster Content or information available from Application, without express written consent from Monster; or (m) frame or link to any Monster Content or information available from any Application.

  1. Registration Information.

When You register with any Application, You will be asked to create an account and provide Monster with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Monster's Privacy Policy.

Monster reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by Monster or by third parties. Please see Monster's Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, Monster 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 Application, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

You understand and acknowledge that you have no ownership rights in your account and that if you cancel your account, all your account information from Monster, including Profiles, will be marked as deleted in Monster's databases and will be removed from any public area of the Application. Information may continue to be available for some period of time because of delays in propagating such deletion through Monster’s web servers. In addition, third parties may retain cached copies of your Information.

  1. 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 Application registrations and passwords, whether or not authorised by You. You agree to immediately notify Monster of any unauthorised use of your employer account, Profile, passwords or passwords, as the case may be.

 

  1. Mobile Services.

If You use the Application or Services through a mobile device, You agree that information about Your use of the Application or Services through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Application or Services through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Application or Services using a mobile device, You represent that to the extent You import any of Your Monster data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Application account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Application or Services through Your mobile access provider. Therefore, You should check with Your provider to find out if the Application or Services are available and the terms for these services for Your specific mobile devices.

By using any downloadable application to enable Your use of the Application or Services, You are explicitly confirming Your acceptance of the terms of the End User Licence Agreement associated with the Application provided at download or installation, or as may be updated from time to time.

 

  1. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.

Monster does not necessarily monitor any materials posted, transmitted or communicated to or within the Application. If you believe that something on the Application violates these Terms or if You believe that your copyrighted work or trademark has been uploaded, posted or copied to any Application and is accessible on such an Application in a way that constitutes copyright or trademark infringement, please print and complete the Monster Proprietary Rights Complaint Process and Notification Form and send such completed form to our designated agent.

We have designated April Jodoin as our agent to receive notices of claims of copyright or trademark infringement or other non-conformance to these Terms. You can contact April as follows:

By mail:

April Jodoin
Senior Manager, Compliance and Fraud Prevention
monster.com
5 Clock Tower Place
Suite 500
Maynard, Massachusetts 01754

By telephone:

1-800-MONSTER

Send us: Monster Proprietary Rights Complaint Process and Notification Form

  1. Monster's Liability.

Monster has no control over User Content, does not screen or censor the Profiles or User Content and has no control over the truth or accuracy of any comments or messages. Monster is not involved in the actual communications between Users. As a result, Monster has no control over, and does not represent or guarantee, the truthfulness, accuracy, reliability, completeness or timeliness of the Profiles, User Content or any other communications posted or endorse any opinion expressed by Users. 

You acknowledge that any reliance on material posted by other Users will be at your own risk.

 

Monster 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 Monster, damage Monster’s brand or public image, or cause Monster to lose (in whole or in part) the services of its ISPs or other suppliers. While Monster reserves the right in its sole discretion to remove User Content or other material from the Applications from time to time, Monster 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, under-age persons or people acting under false pretences. You assume all risks associated with dealing with other Users with whom You come in contact through the Application or Services. By its very nature, other people's information may be offensive, harmful or inaccurate and in some cases will be mislabelled or deceptively labelled. We expect that You will use caution and common sense when using the Application or Services.

Because User authentication on the Internet is difficult, Monster 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 behaviour of participants on any Application, in the event that You have a dispute with one or more Users, You release Monster (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.

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 favour 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."

The Application, Services and Monster Content may contain inaccuracies or typographical errors. Monster makes no representations about the accuracy, reliability, completeness or timeliness of any Application, Services or Monster Content. The use of all Applications, Services and the Monster Content is at your own risk. Changes are periodically made to the Applications and Services and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material contained therein placed by You on the Application.

No advice or information, whether oral or written, obtained by a User through or from any Application shall create any warranty not expressly stated herein.

  1. Disclaimer of Warranty.

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

  1. Disclaimer of Consequential Damages.

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

  1. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, MONSTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY APPLICATION, SERVICE OR YOUR USE OF THE MONSTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

  1. Links to Other Sites.

An Application may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by Monster of the contents on such third-party web sites. Monster 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.

  1. No Resale or Unauthorised Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of any Application or Service.

  1. Indemnity.

You agree to defend, indemnify and hold harmless Monster, 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 any Application, (ii) your use of any Monster Content, or (iii) your breach of the terms of these Terms. Monster shall provide notice to You promptly of any such claim, suit or proceeding.

  1. General.

Access to the Application, Services or Monster Content may not be legal by certain persons or in certain countries. If You access any Application or Services, 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 the State of New York, 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 New York, New York. If any provision of these Terms is 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, Monster’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain Applications or Services, a particular "Legal Notice" or software licence or material on particular Applications, these Terms constitute the entire agreement between You and Monster with respect to the use of the Applications and Services. No changes to these Terms shall be made except by a revised posting on this page.

  1. Additional Terms.

Certain portions of the Applications and Services 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.

  1. Term and Termination

These Terms will remain in full force and effect while You are a User of the Applications or Services at any level. Monster 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 Applications and immediate termination of your registration with or ability to access the Applications and Services and/or any other services provided to You by Monster, upon any breach by You of these Terms or if Monster is unable to verify or authenticate any information You submit. Even after You are no longer a User of the Applications or Services, certain provisions of these Terms will remain in effect, including Sections 2, 5, 10 through 17, inclusive.

©2011 Monster - All Rights Reserved

V: 2011.10.5.21-301

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