Understanding your rights and responsibilities as an EduGorilla user
EduGorilla may revise these Terms at any time by posting an updated version to this webpage. 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 EduGorilla Sites suspended or terminated, at EduGorilla’s discretion.
Use of EduGorilla Content
EduGorilla authorizes You, subject to these Terms, to view and a single copy of the content available on or from EduGorilla.com and to access and use the EduGorilla Sites and the EduGorilla Content (as defined below) and to download and print a single copy of the content available on or from the EduGorilla Sites solely for Your personal, non-commercial use. The contents of EduGorilla.com, and of all other websites under the Company’s control, whether partial or otherwise (EduGorilla.com and such other websites are sometimes collectively referred to as the “EduGorilla Sites”), such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other EduGorilla content (collectively, “EduGorilla Content”), are protected under both India and foreign copyright, trademark and other laws. All EduGorilla Content is the property of EduGorilla or its licensors. The compilation (meaning the collection, arrangement, and assembly) of all content on the EduGorilla Sites is the exclusive property of EduGorilla and is protected by Indian and international copyright, trademark, and other laws. Unauthorized use of the EduGorilla 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 EduGorilla Content on any authorized copy You make of the EduGorilla Content. You may not sell or modify the EduGorilla Content or reproduce, display, publicly perform, distribute, or otherwise use the EduGorilla Content in any way for any public or commercial purpose, in connection with products or services that are not those of EduGorilla, in any other manner that is likely to cause confusion among consumers or that otherwise infringes EduGorilla’s intellectual property rights.
Any code that EduGorilla creates to generate or display any EduGorilla Content or the pages making up any EduGorilla Site is also protected by EduGorilla’s copyright and You may not copy or adapt such code.
You may not use any of the EduGorilla Content on any other website or in a networked computer environment (including, without limitation, by uploading or republishing EduGorilla Content on any Internet, Intranet or Extranet site or incorporating the EduGorilla Content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any EduGorilla Content or the pages making up any EduGorilla Site which is also protected by the Company’s copyright. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
EduGorilla Site Restrictions
Users shall not use any EduGorilla Site in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation EduGorilla Content, in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others, that belongs to another person and to which the user does not have any right to, that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of others privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever, harm minors in any way, deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature, impersonate another person or entity, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of EduGorilla’s computer systems or site or EduGorilla’s users, customer’s computer systems or site, threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
Users are also prohibited from violating or attempting to violate the security of any EduGorilla Site, including, without limitation the following activities:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any EduGorilla Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company 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.
The Company 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 the Company or by third parties. Please see the Company’s Privacy Statement for further details regarding your Information.
Use of the EduGorilla Services
The job posting, resume database and other features of the EduGorilla Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, the EduGorilla Communities may be used by individuals for permitted professional and personal networking purposes. Your use of the EduGorilla Services is also subject to any other contracts You may have with EduGorilla. In the case of any conflict between these Terms and any contract you have with EduGorilla, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on the EduGorilla Site.
Specific Prohibited Uses
The job posting and resume database features of EduGorilla.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.
The Company specifically prohibits any other use of EduGorilla.com, and all Users agree not to do any of the following:
- Post any resume or apply for any job on behalf of another party;
- Defer any contact from an employer to any agent, agency, or a third party;
- Set more than one copy of the same resume to public at any one time;
- Solicit passwords or personally identifiable information from other Users;
- Post any jobs on any EduGorilla Site for any competitor of EduGorilla or posting jobs or other content that contains links to any site competitive with EduGorilla;
- Post jobs or content on any EduGorilla Site that contain any hyperlinks, email addresses, HTML Tags, “hidden” keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited;
- Post jobs for modeling or talent or talent scouting positions on any EduGorilla Site;
- Use any EduGorilla Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services;
- Post or submit to any EduGorilla Site any incomplete, false or inaccurate biographical information or information which is not your own;
- Post on any EduGorilla Site 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 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), requires recruitment of other members, sub-distributors or sub-agents;
- Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any EduGorilla Site;
- Delete or revise any material posted by any other person or entity;
- Take any action that imposes an unreasonable or disproportionately large load on any EduGorilla Site’s infrastructure;
- Use any data mining, robots or similar data gathering or extraction methods. 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 EduGorilla Site other than the search engine and search agents available from the Company on such EduGorilla Site.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any EduGorilla Site;
- Aggregate, copy or duplicate in any manner any of the EduGorilla Content or information available from any EduGorilla Site including expired job postings, other than as permitted by these Terms; or
- Frame or link to any of EduGorilla Content or information available from any EduGorilla Site.
- Use the EduGorilla Services 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 EduGorilla’s discretion.
The Company also specifically prohibits any use/insertion of any of the User’s URL, weblink, email address and website while posting any job on EduGorilla.com and all Users agree not to use/insert any of the User’s URL, weblink, email address and website while posting any job on EduGorilla.com.
On non-conformance by users of any of the aforesaid terms as envisaged in section 3 and 6 above, EduGorilla may in its sole discretion, restrict or terminate the offending User’s ability to access the EduGorilla Site(s) and determine whether to take any other actions or to remove or request the removal of the User Content. EduGorilla has no liability or responsibility to Users for performance or non-performance of such activities. Additionally, EduGorilla has the right to initiate appropriate proceedings against the offending user as per law.
User Content and Submissions
You are solely responsible for your My EduGorilla Account information, content, messages or other information (“User Content”) that You submit, publish or display (hereinafter, “post”) on any EduGorilla Site or transmit to other Users. By posting User Content to any EduGorilla Site, You automatically grant, and You represent and warrant that You have the right to grant, to EduGorilla an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.
By posting User Content to any public or non-public area of any EduGorilla Site, including message boards, forums, contests and chat rooms, You grant the Company and its parent company and affiliates the loyalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed any EduGorilla Site retains any and all rights that may exist in such User Content.
You agree that any email send by an employer to a job seeker for any prospective job opportunity through EduGorilla website may be stored at the EduGorilla account of the said jobseeker for at least a period of 7 days, to enable the said jobseeker to access the email, as send by the employer, to take a conscious decision about the job offer in the said email.
The following is a partial list of User Content that is prohibited on the EduGorilla Sites. The list below is for illustration only and is not a complete list of all prohibited User Content:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of another any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- 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 unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- 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 manners, 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, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users;
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
We appreciate hearing from our Users and welcome your comments regarding our services and the EduGorilla Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of the Company. 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. The Company 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 who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your account access information and passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the EduGorilla account and EduGorilla Services. You agree to immediately notify the Company of any unauthorized use of your Account, and passwords.
Data Privacy and SMS Alerts
In the context of the ‘alerts’ service being introduced by EduGorilla; the candidate consents to the use of his personal data in the form of cellular phone number(s) being used by EduGorilla to forward relevant job alerts and other information as and when they become available.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement
If You believe that your copyrighted work has been uploaded, posted or copied to any EduGorilla Web Site and is accessible on such EduGorilla Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
Identification of the URL or other specific location on this website where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number and, if You have one, your e-mail address;
A statement by You that You have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.
We have designated Rohit Manglik as our agent to receive notices of claims of copyright infringement on the EduGorilla Sites. You can contact Rohit as follows:
EduGorilla, 5/142 HIG Awas Vikas Colony,
Farrukhabad, U.P., India
By email: [email protected]
Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
EduGorilla.com India Private Limited, EduGorilla Worldwide Inc., EduGorilla, Inc., EduGorilla Worldwide Technologies, LLC., and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same.
The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes the infringement of the copyright owners rights. As a condition to your use of EduGorilla.com, You agree not to use EduGorilla.com or any other EduGorilla Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any EduGorilla.com account holders, and block access to EduGorilla.com and/or the other EduGorilla Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.
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 the Director of Compliance and Fraud Prevention as under:
5/142 HIG Awas Vikas Colony,
Farrukhabad, U.P., India
By email:[email protected]
Disclaimer of Warranty
The company does not warrant that any EduGorilla site will operate error-free or that any EduGorilla site and its servers are free of computer viruses or other harmful mechanisms. If your use of any EduGorilla site or the EduGorilla content results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The EduGorilla sites and EduGorilla content are provided on an “as is” basis without any warranties of any kind. To the fullest extent possible by law, EduGorilla does not warrant that any EduGorilla site or any EduGorilla services will operate error-free or that any EduGorilla site and its servers are free of computer viruses or other harmful mechanisms. If your use of any EduGorilla site or the EduGorilla content results in the need for servicing or replacing equipment or data or any other costs, EduGorilla is not responsible for those costs. The EduGorilla sites and EduGorilla content are provided on an “as is” basis without any warranties of any kind. EduGorilla, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchant ability, fitness for particular purpose and non-infringement. EduGorilla makes no warranties about the accuracy, reliability, completeness, or timeliness of the EduGorilla content, services, software, text, graphics, and links.
Disclaimer of Consequential Damages
To the fullest extent possible by law, in no event shall EduGorilla, its suppliers, or any third parties mentioned on any EduGorilla 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 EduGorillasite and the EduGorilla content, whether based on warranty, contract, tort, or any other legal theory, and whether or not EduGorilla is advised of the possibility of such damages.
Limitation of Liability
To the fullest extent possible by law, EduGorilla’s maximum liability arising out of or in connection with any EduGorilla site or your use of the EduGorilla content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed inr 1,000.
Links to Other Sites
The EduGorilla Sites contain links to third-party Web sites. These links are provided solely as a convenience to You and not as an endorsement by EduGorilla of the contents on such third-party Web sites. EduGorilla 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.
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 EduGorilla Site.
You agree to defend, indemnify, and hold harmless EduGorilla, 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 EduGorilla Site, (ii) Your use of any EduGorilla Content, or (iii) Your breach of these Terms. EduGorilla shall provide notice to You promptly of any such claim, suit, or proceeding.
Redressal of Users Grievance
The Company has designated Rohit Manglik as Grievance Officer to redress the grievances of the users. The aggrieved user may submit their grievances by addressing to :
5/142 HIG Awas Vikas Colony,
Farrukhabad, U.P., India
By email: [email protected]
Term and Termination
Applicability Wide and Exhaustive
EduGorilla Product & Services
EduGorilla Video Service specifically and only allows registered users on EduGorilla Website who have a valid login ID at EduGorilla Website to upload video content related to their resumes, profile, company profile and contents ancillary and incidental thereto to be hosted by EduGorilla Website and to be configured by applicable EduGorilla Technology for public display on EduGorilla website network, including but not limited to EduGorilla’s affiliate’s websites and on EduGorilla affiliates and syndicated third-party sites, and for the public posting, viewing and sharing of the Video Content. You expressly agree and acknowledge that the EduGorilla Video Service is a not a private service and it is hereby clarified that once the registered users of EduGorilla Website submit their respective Video Contents for inclusion into the EduGorilla Website, it will be accessible by the public at large and that there is no confidentiality or privacy with respect to the Video Content uploaded. Further, registered users of EduGorilla Website also agree and acknowledge that their Video Content submitted to EduGorilla Video Service may, in EduGorilla’s discretion, appear on local EduGorilla Video websites in other countries.
Access & Usage Terms
Video Content Submissions in EduGorilla Website
With respect to the video content submissions in EduGorilla Website, the concerned registered users and other contributor of Video Content in EduGorilla Website also further agree that they shall not submit any content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have permission from their rightful owner to post the content and to grant EduGorilla all of the license rights granted thereto and they also not publish false content or material that may damage EduGorilla or any third party and also hereby agree not to submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business, impersonate any third party.
EduGorilla’s Rights in Video Content
Appropriate Use of EduGorilla Video Service
Waiver of Claims & Indemnity Provision
You agree and acknowledge that your use and access of the EduGorilla video service and EduGorilla website shall be at your sole risk, responsibility, and consequences. To the fullest extent permitted by law, EduGorilla, its officers, directors, employees, authorized representatives, and agents disclaim all warranties, express or implied, in connection with the EduGorilla video service and EduGorilla website and your use thereof. EduGorilla makes no warranties or representations about the accuracy or completeness of EduGorilla website’s content or the content of any sites linked to EduGorilla website and assumes no liability or responsibility for any (i) Errors, mistakes, or inaccuracies of content, (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of EduGorilla video service and EduGorilla website, (iii) Any unauthorized access to or use of EduGorilla servers and/or any and all personal information and/or financial information stored therein in any form and/or in any manner, (iv) any interruption or cessation of transmission to or from EduGorilla website, (iv) Any bugs, viruses, trojan horses, or the like unauthorised tools or software which may be transmitted to or through EduGorilla website by any third party, and/or (v) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through EduGorilla website. EduGorilla does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the EduGorilla website or any associated or hyperlinked website and EduGorilla shall not be a party to or in any way be responsible or accountable for monitoring any transaction between you and third-party.
Limitation of Liability
The concerned registered users, job seekers and other contributors of video content in EduGorilla website hereby agree and acknowledge that EduGorilla shall not be liable for their video content submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with them.
In no event shall EduGorilla, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) Errors, mistakes, or inaccuracies of the video content, (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) Any unauthorized access to or use of EduGorilla secure servers and/or any and all video content and/or personal information and/or financial information stored therein, (iv) Any interruption or cessation of transmission to or from EduGorilla website, (iv) Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content submitted, posted, emailed, transmitted, or otherwise made available via the EduGorilla website, whether based on warranty, contract, tort, or any other legal arrangement, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable local and/or international jurisdiction.
Update effective: June, 2015