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Terms of Website Use
Do’s, Don’ts and Rules regarding the website
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This is the Blackstone Resourcing Web Site and is owned and operated by Blackstone Resourcing Ltd (“Blackstone”), registered in England No.06147341, Richmond House, 570-572 Etruria Road, Newcastle-under-Lyme, Staffordshire ST5 0SU. The Web Site is intended only for the lawful purpose by Business Partners (“Clients”) seeking employees, and Candidates (“Candidates”) seeking employment and career information.
This page states the terms and conditions (the “Terms and Conditions”) under which users may use the Blackstone Resourcing Web Site (the “Web Site”). Please read this page carefully, the contents of this Web Site are subject to the points stated below. If users do not accept the Terms and Conditions stated here, they must not use this Web Site and service. By using this Web Site, users are indicating their acceptance to be bound by the terms of these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between users and Blackstone with respect to the use of Web Site. Blackstone may revise these Terms and Conditions at any time by updating this posting. No changes to these Terms and Conditions shall be made except by a revised posting on this page. Users should visit this page periodically to review the Terms and Conditions because they are binding on them. Users will be deemed to accept the terms and conditions (as amended) when users next use this site following any amendment.
Registration and Password.
In order to register with the Web Site and to sign in when users visit the Web Site, users will need to use a user name and password which should be kept confidential at all times and not disclosed to any other person. Users are solely responsible for maintaining the confidentiality of their information and password. Users shall be responsible for all uses of their registration whether or not authorised by them. Users agree to immediately notify Blackstone of any unauthorised use of their registration or password. Users must notify Blackstone immediately if they believe that their password is known to someone else or if it may be used in an unauthorised way. Blackstone accept no liability for any unauthorised or improper use or disclosure of any password.
User Information.
When users register for the Web Site, they will be asked to provide Blackstone with certain information including, without limitation, a valid email address (their "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, users understand and agree that Blackstone may disclose to third parties, on an anonymous basis, certain aggregate information contained in their registration application.
Blackstone will not disclose to any third party their name, address or telephone number without their prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Blackstone reserves the right to offer third party services and products to users based on the preferences that users identify in their registration and at any time thereafter; such offers may be made by Blackstone or by third parties.
Blackstone will process any data which users provide in completing the online registration in accordance with UK data protection legislation. Blackstone explain more about their data protection in our Privacy Policy. Please see the Privacy Policy for further details regarding this Information.
The Client agrees that Blackstone may carry out a company credit check prior to activating the client's account. For Sole Traders and Partnerships Blackstone may carry out a consumer credit check.
Termination.
Blackstone reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of their postings from this Web Site and/or immediate termination of their registration or ability to access the Web Site and/or any other service provided to users by Blackstone, upon any breach by users of these Terms and Conditions or the terms and conditions of the Web Site, or if Blackstone is unable to verify or authenticate any information users submit to the Web Site registration. Blackstone will terminate the accounts of any account holders and block access to our Web Site of any users who repeatedly infringe the copyright or other intellectual property rights of others. Blackstone 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.
System Maintenance.
The use of the Web Site and the Web Site Content is at users own risk. Blackstone does not warrant that the Blackstone Web Site will operate error-free or that the Web Site and its server are free of computer viruses or other harmful mechanisms. Whilst Blackstone tries hard to ensure that the standard of this Web Site remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and it is accepted that errors, omissions, interruptions of service and delays may occur at any time for any reason.
The Web Site and Web Site Content are provided without any warranties of any kind. Blackstone, to the fullest extent permitted by law, disclaims all warranties, whether expressed or implied of any kind. Blackstone makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, Web Site, Web Site Content, Services, Software, Text, Graphics and Links. Blackstone do not accept any liability arising from any errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this Web Site (or any particular part of it) or to provide the service offered on this Web Site. If users use of the Web Site or the Web Site Content results in the need for servicing or replacing equipment or data, Blackstone is not responsible for those costs.
Links to Other Sites.
On the Web Site users will be offered automatic links to other sites which Blackstone hope will be of interest to you. These links are provided solely as a convenience to users and not as an endorsement by Blackstone of the contents on such third-party web sites. Blackstone do not accept any responsibility for or liability in respect of 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 which do not necessarily have any connection, commercial or otherwise, with us. If users decide to use automatic links to access third party web sites, users do so entirely at their own risk. In addition, information that may be accessed from the Site via hypertext link is available solely on the basis that Blackstone disclaims all responsibility or liability (including for negligence) in respect of any of the material contained on or accessible from such sites and servers.
Content Rights
Blackstone respects the intellectual property of others and Blackstone asks our users, account holders and content partners to do the same. The contents of the Web Site such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, “Web Site Content”), are protected under United Kingdom, European and other copyright, trademark and other laws. All Web Site Content is the property of Blackstone or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Blackstone and protected by copyright laws and unauthorised use of the Web Site Content may violate copyright, trademark and other laws.
Users may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose without consent is prohibited. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to their use of this Web Site, users agree not to use the Web Site to infringe the intellectual property rights of others in any way.
By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, users grant Blackstone the loyalty-free, perpetual, irrevocable, sub-license (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 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. Users 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 users the right to grant the license stated above. Users also permit any subscriber to access, display, view, store and reproduce such content.
Candidates agree that by creating a “Value Portfolio” it will available for Blackstone’s clients to view. For the purposes of clarification “Value Portfolio” means the profile of a candidate's education, qualifications, training, skills, competencies, career aspirations and employment experience, which is provided to Blackstone by a candidate for automatic distribution to clients with a view to securing employment.
Specific Misuse.
Users are responsible for their own communications and are responsible for the consequences of their posting. Blackstone specifically prohibits, and all users agree not to use, or allow any party under their control to use, the Web Site, for any of the following:
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Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Web Site.
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Using the CV database for any purpose other than as an employer seeking employees for specific live jobs including, but not limited to, using the information in the database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
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Using or attempting 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 the Web Site other than the search engine and search agents available from Blackstone and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer) and/or framing of or linking to any of the Web Site Content or information available from the Web Site.
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Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this Web Site and/or taking any action which imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure.
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Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site and/or aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Web Site.
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Using any process that undermines the security of the Web Site or any information submitted to or available through it by post material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
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Using the Web Site in order to display, transmit, distribute, store or destroy material including, without limitation, Web Site 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, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.
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Violating or attempting to violate the security of the Blackstone Web Site including, without limitation, (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 the Blackstone Web Site, overloading, "flooding", "spamming", "mail-bombing" or "crashing", or (d) 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 criminal liability. Blackstone will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
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Posting hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.
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Posting any incomplete, false or inaccurate information or information which is not their own accurate Value Portfolio and/or deleting or revising any material posted by any other person or entity.
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Posting jobs which require the applicant to provide information relation to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
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Posting material that is copyrighted unless users are the copyright owner or have the permission of the copyright owner to post it, and/or that reveals trade secrets (unless users own them or have the permission of the owner), and/or that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
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Posting material that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity; post a sexually-explicit image or statement;
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Copying or adapting the HTML code that Blackstone creates to generate any Web Site Content or the pages making up the Web Site. It is also protected by Blackstone’s copyright.
Liability
Blackstone acts as a tool for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. Users assume all risks associated with dealing with other users with whom they come in contact through the Web Site and Blackstone expects that users will use caution and common sense when using the Web Site.
Blackstone does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users. Users acknowledge that any reliance on material posted by other users will be at their own risk. Blackstone has no liability or responsibility to users for performance or non-performance of communications.
Blackstone reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. If notified of communications which allegedly do not conform to these Terms and Conditions, Blackstone may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Blackstone may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Blackstone or may cause Blackstone to lose (in whole or in part) the services of its ISPs or other suppliers.
In the event that users have a dispute with one or more users, users release Blackstone (and our agents and employees) from claims, demands and damages (actual and consequential, 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 extent permitted by law, in no event shall Blackstone, its suppliers or any third parties mentioned on the Web Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, loss of business or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web Site and the Web Site content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Blackstone is advised of the possibility of such damages.
To the extent permitted by law, the company’s maximum liability arising out of or in connection with the Web Site or their use of the Web Site Content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed £100.
Indemnity.
Users agree to defend, indemnify and hold harmless Blackstone, its officers, directors, employees and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, costs, expenses, claims, losses, alleging or resulting from (i) any material users provide to the Web Site (ii) any Web Site Content that users use or (iii) their breach of the terms of these Terms and Conditions. Users must notify Blackstone immediately if anyone makes or threatens to make any claim relating to users use of this site.
Jurisdiction.
Blackstone makes no claims that the Web Site Content may be lawfully viewed or downloaded outside of the United Kingdom. Access to the Web Site Content may not be legal by certain persons or in certain countries. If users access the Web Site from outside of the United Kingdom, users do so at their own risk and are responsible for compliance with the laws of their jurisdiction.
These Terms and Conditions are governed by the law of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English Courts. If any provision of these Terms and Conditions 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 and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
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