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Updated: may 12, 2017
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Eligibility to Use Jamaican Medium
A. To access or use Jamaican Medium , (1) you must be 13 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of Jamaican Medium must be under the supervision of a parent or guardian or other responsible adult and (2) you, or (where applicable) the adult supervising your use of Jamaican Medium , must have the power and authority to enter into these Terms. Except for an employer’s authorized use of a Free Employer Account, or as otherwise approved by us, Jamaican Medium is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Jamaican Medium if we have terminated your account or banned you.
Your Jamaican Medium Account
Jamaican Medium Account. In order for you to create a Jamaican Medium account, we require that you provide a valid email address and set up a password. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements (such as the requirement for individuals to contribute no more than one company review, interview review, or salary details of a current or former job per year) may also apply. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Jamaican Medium at any time.
Social Sign Up and Sign In. You may be able to register an account and subsequently access Jamaican Medium through a social networking site, such as Facebook or Google+ (“Social Networking Site”). If you access Jamaican Medium through a Social Networking Site you agree that we may access, make available through Jamaican Medium , and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Jamaican Medium via your account and your profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Jamaican Medium , personally identifiable information that you post to that Social Networking Site may be displayed on Jamaican Medium . Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
Using Jamaican Medium
Third-Party Content on Jamaican Medium . The job posting, resume database (“Jamaican Medium Resume Database”) and other features of the Jamaican MediumSites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, Jamaican MediumNetworking and Profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the Jamaican MediumServices is also subject to any other contracts You may have with Jamaican Medium. In the case of any conflict between these Terms and any contract you have with Jamaican Medium, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a Jamaican MediumSite.Content from other users, advertisers, and other third parties is made available to you through Jamaican Medium . (“Content“) means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Jamaican Medium . Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided anonymously by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.Any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on Jamaican Medium .We allow users to post content for employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, 1099 (or equivalent), or provide work that is an integral part of the employer’s value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as ‘employees’ with regard to content left on Jamaican Medium .
House Rules. You represent and warrant that you will use Jamaican Medium solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Jamaican Medium (“Your Content“). You agree that by submitting Your Content to Jamaican Medium , you have reviewed and understood our Guidelines. You understand that you may expose yourself to liability if Your Content or other use of Jamaican Medium violates applicable law or any third-party right.You agree that you will not:
Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
Act in a manner that is threatening, racist or bigoted, or is otherwise objectionable (as determined by Jamaican Medium );
Promote, endorse or further illegal activities;
Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
Solicit personally identifying information from minors;
Except as expressly approved by us, use Jamaican Medium for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
Imply a Jamaican Medium endorsement or partnership of any kind without our express written permission;
Send messages in violation of the Jamaica/USA CAN-SPAM Act or any other applicable anti-spam law;
Introduce software or automated agents to Jamaican Medium , or access Jamaican Medium so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Jamaican Medium without our express written permission;
“Frame” or “mirror” or otherwise incorporate part of Jamaican Medium into any website, or “deep-link” to any portion of Jamaican Medium without our express written permission.
Copy, modify or create derivative works of Jamaican Medium (including Jamaican Medium Content) without our express written permission;
Copy or use the information, content, or data on Jamaican Medium in connection with a competitive service (as determined by Jamaican Medium );
Sell, resell, rent, lease, loan, trade or otherwise monetize access to Jamaican Medium or any Jamaican Medium Content without our express written permission;
Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Jamaican Medium ;
Interfere with, disrupt, or create an undue burden on Jamaican Medium or the networks or services connected to Jamaican Medium ;
Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Jamaican Medium ;
Attempt to circumvent any security feature of Jamaican Medium ; or
Expose us or our users to any harm or liability.
Applying on Jamaican Medium . Some of our job postings allow you to complete and submit your application on Jamaican Medium . We provide this service by working directly with an employer or by searching the Internet for the best contact information we can find for an employer. When you click the “Apply” button to submit an application on Jamaican Medium , we send your application to the most appropriate contact information we have on file for that employer.While we endeavor to make this service the best it can be, employer websites are not controlled by Jamaican Medium , and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.
Links to Third-Party Websites. Jamaican Medium may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Jamaican Medium , our terms and policies do not govern your use of third-party websites.
Special Provisions Applicable To Employers
Posting Jobs on Jamaican Medium . You may not post any job ad that:
Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads;
Contains multiple job openings in a single job ad (unless you’ve purchased a service that permits this);
Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Jamaican Medium ‘s reasonable discretion.
Reviews on Jamaican Medium . You may not offer incentives in exchange for company or interview reviews. You may not trade reviews with other employers. We will remove reviews where we have evidence that users were compensated to leave reviews.You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.
Special Provisions Applicable to Advertisers:This provision applies to all advertisers, including employers who purchase Job Ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data“) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
Enforcement by Jamaican Medium
Removal of Content. While Jamaican Medium has no obligation to do so, Jamaican Medium reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Jamaican Medium (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on Jamaican Medium that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: “Inappropriate” or “Flag Review”) or by contacting us here. Once notified, we will review the Content and consider whether to remove or modify it. Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content from Jamaican Medium (or modifying it); suspending your rights to use Jamaican Medium ; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or identifying information.
Resume DatabaseUse of the Jamaican MediumResume Database by EmployersYou shall use the Jamaican MediumResume Database as provided in these Terms and in any contract You have with Jamaican Medium. You shall use the Jamaican MediumResume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Jamaican MediumResume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Jamaican MediumResume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.The Jamaican MediumResume Database shall not be used:(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
Rights to Your Content :We do not claim ownership in any Content that you submit to Jamaican Medium , but to be able to legally provide Jamaican Medium to our users, we have to have certain rights to use such Content in connection with Jamaican Medium , as set forth below. By submitting any Content to Jamaican Medium , you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Jamaican Medium ‘s exercise of the foregoing license. No compensation will be paid with respect to the Content that you post through Jamaican Medium . You should only submit Content to Jamaican Medium that you are comfortable sharing with others under the terms and conditions of these Terms.
Rights to Jamaican Medium Content :Jamaican Medium contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Jamaican Medium owns and retains all property rights in Jamaican Medium . If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Jamaican Medium solely for your personal use in connection with using Jamaican Medium . Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Jamaican Medium or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Jamaican Medium . Jamaican Medium ® is a registered trademark of Jamaican Medium , Inc. The trademarks, logos and service marks (“Marks”) displayed on Jamaican Medium are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
Indemnity:You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “Jamaican Medium Group“) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or otherwise arising from your use of Jamaican Medium , including due to or arising from your breach of any provision of these Terms.
Disclaimers and Limitation on LiabilityThe disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Jamaican Medium . We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Jamaican Medium , whether caused by users or by any of the equipment or programming associated with or utilized in Jamaican Medium . We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Jamaican Medium or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with Jamaican Medium . Under no circumstances shall we be responsible for any loss or damage resulting from use of Jamaican Medium or from any Content posted on Jamaican Medium or transmitted to users, or any interactions between users of Jamaican Medium, whether online or offline.Jamaican Medium is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Jamaican Medium will meet your requirements; (2) Jamaican Medium will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Jamaican Medium will be accurate or reliable.You hereby release the Jamaican Medium Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other users of Jamaican Medium , or (2) your participation in any of our offline events.IN NO EVENT SHALL THE Jamaican Medium GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF Jamaican Medium, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE Jamaican Medium GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF Jamaican Medium (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION)
Termination : These Terms remain in effect while you use Jamaican Medium and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Jamaican Medium , without notice to you, if we believe that you have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of Jamaican Medium . We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
Changes to Terms :We may revise these Terms from time by posting an updated version on Jamaican Medium and you agree that the revised Terms will be effective thirty (30) days after the change is posted. Your continued use of Jamaican Medium is subject to the most current effective version of these Terms.
Governing Law. This Agreement and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of Jamaican Medium , shall be governed by the laws of Jamaica without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Arbitrate” provision below, the claim or dispute shall be brought and litigated exclusively in the parish courts located within Kingston, Jamaica.
Jamaican Medium’s Liability.
The Jamaican MediumSites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Jamaican Mediumdoes not screen or censor the listings, including Profiles offered. Jamaican Mediumis not involved in, and does not control, the actual transaction between employers and candidates. As a result, Jamaican Mediumis not responsible for User Content, the quality, safety or legality of the jobs or resumes 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 Jamaican Mediummakes no representations about any jobs, resumes or User Content on the Jamaican MediumSites. While Jamaican Mediumreserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Jamaican MediumSites from time to time, Jamaican Mediumdoes not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Jamaican MediumNetworking provides a venue for individuals to network for professional and personal purposes and Jamaican Mediumdoes not screen or censor the Profiles or User Content on the Jamaican MediumSites. Jamaican Mediumis not involved in the actual communications between Users. As a result, Jamaican Mediumhas no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Jamaican MediumSites and makes no representations about any Profile or User Content on the Jamaican MediumSites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, 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 the Jamaican MediumSites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Jamaican MediumSites.
Because User authentication on the Internet is difficult, Jamaican Mediumcannot 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 any Jamaican MediumSite, in the event that You have a dispute with one or more Users, You release Jamaican Medium(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 to the fullest extent permitted by law.
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any Jamaican MediumSite any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) 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;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Jamaican MediumSite, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) 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; or
(x) use the Jamaican MediumServices for any unlawful purpose or any illegal activity, or post or submit any content, resume, 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 Jamaican Medium’s discretion.
Violations of system or network security may result in civil and/or criminal liability. Jamaican Medium 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.
You may be entitled to a full refund if you haven’t start receiving applicants.