User Terms of Use
Please read these User Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.
By using Offshoreworkmates.com (“OffshoreWorkmates”, “Website”, “us”, “our”, ”we” or “Company”) you signify your agreement to these User Terms of Use. The terms “you” and/or “user” in these User Terms of Use refer to all individuals and/or entities accessing the Website for any reason. If you do not agree to these User Terms of Use, do not use the Website.
Eligibility
Membership in the Website is void where prohibited. The Website is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Website by anyone under 18 without the permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these User Terms of Use. By using the service or the Website, you represent and warrant that you are 18 or older and that you agree to and to abide by all of these User Terms of Use.
Registration data; account security
In consideration of your use of the Website, you agree to:
- Provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("registration data")
- Maintain the security of your password and identification
- Maintain and promptly update the registration data, and any other information you provide to OffshoreWorkmates, to keep it accurate, current and complete
- Be fully responsible for all use of your Personal account and for any actions that take place using your Personal account.
Passwords
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your OffshoreWorkmates online password or Personal account. It is your sole responsibility to:
- Control the disclosure and use of your activation codes and password
- Authorize, monitor, and control access to and use of your OffshoreWorkmates Personal account and password
- Promptly inform the administration of any need to deactivate a password
We may deny access to a password if we reasonably believe that it is being used by an unauthorized person or that the user is breaching these User Terms of Use.
User conduct
OffshoreWorkmates is available only for your personal use. Do not use the Website:
- For commercial, business and/or recruitment purposes unless expressly authorized by OffshoreWorkmates;
- To submit, transmit, share or post material that violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material
- To harvest or collect email addresses or other contact information of other users of the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
- In any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website
- To use automated scripts to collect information from or otherwise interact with the Website;
- To upload, post, transmit, share, store or otherwise make available any content that we deem to b harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
- To upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (a) are of you or your friends, (b) are taken by you or your friends, or (c) are original art or animation created by you or your friends
- To register for more than one Personal account, register for a Personal account on behalf of an individual other than yourself, or register for a Personal account on behalf of any group or entity.
- To impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- To upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- To upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- To solicit personal information from any user or solicit passwords or personally identifying information for unlawful purposes
- To upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- To intimidate or harass another
- To upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- To use or attempt to use another's Personal account without authorization from OffshoreWorkmates, or create a false identity on the Website
- To upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of OffshoreWorkmates, is objectionable or which restricts or inhibits any other person from using or enjoying the site, or which may expose the Website or its users to any harm or liability of any type
Note that the above user conduct is not an exhaustive list but is only by way of example, and that OffshoreWorkmates reserves the right to amend the above list at any time without notice to you, and you agree to abide by any such amendments.
User content posted on the Website
You are solely responsible for the resume, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on the Website, or transmit to or share with other users (collectively the "user content"). Do not post something you did not create or have permission to post or share.
You understand and agree that we reserve the right to review the Website and may delete or remove (without notice) any Website content or user content in our sole discretion, for any reason or no reason, including user content that in the sole judgment of OffshoreWorkmates violates this agreement or the offshoreworkmates.com code of conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any user content you post or store on the site or provide to the company.
When you post user content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the user content on the Website. By posting user content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to OffshoreWorkmates an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing. You may remove your user content from the Website at any time. If you choose to remove your user content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your user content.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("submissions"), provided by you to the Website are non-confidential and shall become the sole property of OffshoreWorkmates. OffshoreWorkmates shall the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Electronic Resume
The term "Electronic Resume" (or "Resume") refers to the online form composed of various fields filled out by the candidate. You will be considered a candidate after you have submitted your Electronic Resume to OffshoreWorkmates. Every newly submitted Electronic Resume is subject to approval from OffshoreWorkmates. Once approval is granted your Resume (without contact info) will be available to Recruiters through "New Candidate Alert" (unless such option has been disabled by Recruiter) or when you apply for job openings through OffshoreWorkmates using "Send My Resume" button. The term "Recruiter" refers to all individuals and/or entities that have registered Recruiter account on OffshoreWorkmates. You will not be able to apply for job openings posted by Recruiters without having approved Electronic Resume on OffshoreWorkmates. Candidates may attach their original CV in Microsoft Word Format, Text Rich Format or PDF Format to their Electronic Resumes.
We may refuse to post, delete or make temporarily unavailable your Resume at any time, if we decide to do so, in our sole discretion, with or without notice to you. OffshoreWorkmates cannot be held responsible for any outcome of your interactions with Recruiters.
User participation and termination
OffshoreWorkmates provides you with a number of interactive online services to help you better manage your Website participation.
You agree that you will not upload or transmit any communications or content of any type that infringe upon, misappropriate or violate any rights of any party.
In consideration of being allowed to use OffshoreWorkmates interactive services, you agree that the following actions shall constitute a material breach of these User Terms of Use:
- Registering as or pretending to be another person.
- Using secure messaging for any purpose in violation of local, state, national, international laws or posted OffshoreWorkmates’s User Terms of use
- Transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others
- Transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including OffshoreWorkmates personnel) or entity as determined by OffshoreWorkmates in its sole discretion
- Using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
- Collecting information about others, including e-mail addresses
- Intentionally distributing viruses or other harmful computer code
OffshoreWorkmates expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these User Terms of Use.
OffshoreWorkmates may terminate your membership, delete your Personal account and any content or information that you have posted on the Website or through any platform application and/or prohibit you from using or accessing the service or the Website or any platform application (or any portion, aspect or feature of the service or the Website or any platform application) for any reason, or no reason, at any time in its sole discretion, with or without notice to you. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's Personal account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
User disputes
You are solely responsible for your interactions with the Website users and any disputes that may result from such interactions. OffshoreWorkmates reserves the right, but has no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. See OffshoreWorkmates’s Privacy Policy by clicking here
Links/third party websites
OffshoreWorkmates provides links to other websites that are not owned or controlled by OffshoreWorkmates ("third party web sites"), under one or both of the following conditions:
- OffshoreWorkmates provides links to third party web sites or third party services that may be of interest to you. We may not have any business relationship with the party that controls this type of third party website and a link to such a website is offered only as a convenience to you.
- OffshoreWorkmates provides links to third party web sites managed by vendors that we have made arrangements with and may be co-branded, meaning that they display our logo and the logo of the third party vendor but they are owned and controlled by the third party.
We are not responsible for the content, security or the privacy practices of third party websites. Please review the privacy statement and any terms of use of each third party website you visit. Just because we link you to a third party website, does not mean we endorse the particular site or their product or services.
News feeds
OffshoreWorkmates does not claim ownership of the news feeds provided on the Website.
Jobs
OffshoreWorkmates assumes no responsibility for the content of any job opening that is either included in OffshoreWorkmates’s search results or linked to by OffshoreWorkmates.
OffshoreWorkmates does not claim any ownership of the job openings provided on the Website.
Revisions, changes, and updates
We may revise the information on the Website or otherwise change or update the Website, including these User Terms of Use without notice to you. We may also make improvements and/or changes in products and/or services described on the Website or add new features at any time without notice. We encourage you to periodically read these User Terms of Use to see if there have been any changes to our policies that may affect you. Your continued use of the Website will signify your continued agreement to these User Terms of Use as they may be revised.
We reserve the right to change any and all content, software and other items used or contained in the Website and any services and platform applications offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by OffshoreWorkmates.
Access, correction, and data integrity
Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by sending email to report@offshoreworkmates.com
No liability for technical problems
The Website and may be temporarily unavailable from time to time for maintenance or other reasons. OffshoreWorkmates assumes 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, user communications, as well as for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Website.
Trade marks and Service marks
The name “OffshoreWorkmates” and any corresponding logo are service marks of OffshoreWorkmates or its affiliates. OffshoreWorkmates will from time to time designate their other proprietary marks or those of third parties from time to time, by using tm, sm, or ® symbols on the Website. The Website users are not authorized to make any use of any OffshoreWorkmates’s marks or the proprietary marks of third parties, including but not limited to, as meta tags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by OffshoreWorkmates or the applicable third party.
Proprietary rights in Website content; limited license
All content on the Website and available through the service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Website content"), are the proprietary property of the OffshoreWorkmates, its users or its licensors with all rights reserved. No Website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the our prior written permission, except that the foregoing does not apply to your own user content (as defined above) that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website content and to download or print a copy of any portion of the Website content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own user content, you may not upload or republish Website content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Website content is strictly prohibited. Such license is subject to these User Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website content other than as specifically authorized herein, without the prior written permission of OffshoreWorkmates, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these User Terms of Use 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.
Copyrights on content; DMCA notification
Unless stated otherwise, OffshoreWorkmates, its users or its affiliates/licensors own all Website content. Website content is protected by United States and international copyright laws. Any views or downloads of Website content is authorized so long as it is a single copy and is intended solely for your personal, noncommercial use. The digital millennium copyright act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
Also, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. copyright office website, currently located at http://www.copyright.gov/
In accordance with the DMCA, OffshoreWorkmates has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notification of claimed infringement should comply with title 17, United States code, section 512(c)(3)(a) and should be provided in writing to our designated agent as follows:
Agent: Rustam Bekeshev
E-mail: report@offshoreworkmates.com
Note: if you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Disclaimer
The Website and its content and all Website-related services are provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You assume total responsibility and risk for your use of the Website, all Website-related services, and third party websites. No oral or written information or advice given by OffshoreWorkmates or its authorized representatives shall create a warranty of any kind. Any references to specific products or services on the Website do not constitute or imply a recommendation or endorsement by OffshoreWorkmates unless specifically stated otherwise.
OffshoreWorkmates assumes no responsibility for monitoring the Website for inappropriate content or conduct. If at any time OffshoreWorkmates chooses, in its sole discretion, to monitor the Website, Offshore Workmates nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. OffshoreWorkmates is not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any user content or third party applications, software or content. OffshoreWorkmates is not responsible for the conduct, whether online or offline, of any user of the Website. Under no circumstances will OffshoreWorkmates be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Website, any user content or third party applications, software or content posted on or through the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.
OffshoreWorkmates does not warrant that any software, content application or materials on the Website is error free, accurate, reliable or free of viruses or harmful components. So please use caution when downloading or using said content. Use the Website at your own discretion and risk and you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
Limitation of liability; choice of law
OffshoreWorkmates and its affiliates, suppliers, and other third parties mentioned or linked to on the Website are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Website, Website-related services and products, content or information contained within the Website, and/or any third party website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website, Website-related services, and/or third party websites is to stop using the Website and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. These User Terms of Use are governed by Delaware state law without regard to its principles of conflicts of law. If any version of the uniform computer information transactions act (UCITA) is enacted as part of the law of Delaware state that statute shall not govern any aspect of these User Terms of Use.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Delaware state, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Delaware state.
Arbitration
You and Company agree that, except as may otherwise be provided in regard to specific services on the Website in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these User Terms of Use, the Website and/or the service (including your visit to or use of the Website and/or the service) shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the OffshoreWorkmates may be arbitrated.
Arbitration under this agreement shall be conducted by the American Arbitration Association (the "AAA") under its commercial arbitration rules and, in the case of consumer disputes, the AAA´s supplementary procedures for consumer related disputes (the "AAA consumer rules") (collectively the "AAA rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA rules and shall be subject to the limitations provided for in the AAA consumer rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these User Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Website and/or the service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the service (including your visit to or use of the Website and/or the service) be instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any user content, any third party applications, software or content you post or share on or through the Website, your use of the service or the Website, your conduct in connection with the service or the Website or with other users of the service or the Website, or any violation of these User Terms of Use or of any law or the rights of any third party.
Other provisions
These User Terms of Use constitute the entire agreement between you and Company regarding the use of the Website and/or the service, superseding any prior agreements between you and Company relating to your use of the Website or the service. The failure of Company to exercise or enforce any right or provision of these User Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these User Terms of Use is held invalid, the remainder of these User Terms of Use shall continue in full force and effect. If any provision of these User Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these User Terms of Use and shall not affect the validity and enforceability of any remaining provisions.