Cachinko LLC Terms of Use

Welcome to Cachinko.com, the career networking service for job seekers and recruiters to meet each other online, operated by Cachinko LLC ("Cachinko"). By using the Cachinko Website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a User of Cachinko ("User"). If you wish to become a User and make use of the Cachinko service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement or the Cachinko Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by Cachinko at any time, effective upon posting on the Cachinko website, and your use of the Service after such posting will constitute acceptance by you of such changes.

Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your Membership in the Service. This Agreement may be modified by Company from time to time, such modifications to be effective upon posting by Company on the Website. This Agreement includes Company's Acceptable Use Policy for Content Posted on the Website, Company's Privacy Policy, Company?s subscription policies and any notices regarding the Website. By accessing the Website or becoming a User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

Eligibility

You must be at least eighteen (18) years of age to use the Website. While individuals under the age of 18 may utilize the Website, they may do so only under the supervision of a parent or legal guardian that is at least eighteen (18) years of age. Subscription to the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Membership and Subscription

You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including employer user related services, you must become a paying subscriber to the Service. For purposes of this Agreement the term ?Employer? includes paying subscribers, unless where its usage indicates otherwise. For purposes of this Agreement the term ?Member? includes non-paying subscribers, unless where its usage indicates otherwise. All registered Members and Employers are considered a ?User? for purposes of this agreement, unless where its usage indicates otherwise.

Subscriptions & Charges

(a) General. Cachinko bills you through an online account (your "billing account") for use of the service. You agree to pay Cachinko all charges at the prices then in effect for any use of the service by you or other persons (including your agents) using your billing account, and you authorize Cachinko to charge your chosen payment provider (your "payment method") for the service. You agree to make payment using that selected payment method. Cachinko reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Recurring billing. Subscription plans to the service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Cachinko may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (confirmed in writing upon request by Cachinko) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Cachinko reasonably could act. To terminate your authorization or change your payment method, go to Billing.

(c) Current information required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Cachinko if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at Billing. If you fail to provide Cachinko any of the foregoing information, you agree that Cachinko may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service (confirmed by you in writing upon request by Cachinko).

(d) Payment method. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method (the "payment method provider"). If Cachinko does not receive payment from your payment method provider, you agree to pay all amounts due on your billing account upon demand.

(e) Change in amount authorized. If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Cachinko shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your payment method provider will govern your use of your payment method. You agree that Cachinko may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

(f) Auto-renewal. Your Cachinko subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Billing. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won?t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(g) Reaffirmation of authorization. Your non-termination or continued use of the service reaffirms that Cachinko is authorized to charge your payment method. Cachinko may submit those charges for payment and you will be responsible for such charges. This does not waive Cachinko's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the service.

(h) Free trials and other promotions. Any free trial or other promotion that provides subscriber-level access to the service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Support to have the charges reversed.

Termination & Modification

You agree that Cachinko, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason or no reason, including, without limitation, for lack of use or if Cachinko believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Cachinko may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Cachinko may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Cachinko shall not be liable to you or any third-party for any termination of your access to the Service.

Copyrights and trademarks

Website and its Contents Copyright (c) 2006 Cachinko LLC. All rights reserved. Cachinko, Cachinko.com and all the brands of other Cachinko products and services shown herein are the trademarks or registered trademarks of Cachinko LLC. Other trademarks belong to their respective owners.

Indemnity

You shall indemnify and hold harmless, and at Cachinko's request defend, Cachinko, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

Limitations of Liability

Your use of the website is entirely at your sole risk. Cachinko and its parents, subsidiaries and affiliates, and their respective owners, directors, officers, employees, licensors, and agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profits, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of, or inability to use, the website, even if Cachinko has been advised of the possibility of such damages or loss. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, and as a consequence some of the above limitations may not apply to you.

Links

You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other companies and parties, Cachinko has no control over those websites. Cachinko is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. Cachinko is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.

Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Cachinko of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Cachinko will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

User Ratings, Feedback, Submissions

You may submit ratings, feedbacks, profile related information, comments, and messages and other materials to Website (collectively, the "Content"). Cachinko does not endorse, and takes no responsibility and assumes no liability for, any Content posted by you or any third party. Cachinko reserves the right (but not the obligation) to remove, restrict, or edit such Content, but does not regularly review posted Content.

By posting Content, you grant Cachinko LLC and its subsidiaries and affiliates a nonexclusive, perpetual, irrevocable, royalty-free right to use, display, adapt, modify, copy, reproduce, distribute, publish, translate, promote, and create derivative works from, the Content, anywhere in the world, in any form, in any media, and for any purpose, and to sublicense any or all of the foregoing rights to others. Further, you represent and warrant that you own or otherwise control all rights to the Content and that use or public posting of the Content will not infringe upon or otherwise violate the rights of any third party, including, without limitation, any copyright, trademark, or other intellectual property right, right of privacy, or any other rights of any nature. Your Content may not cause injury to any person or entity. Furthermore, no Content submission may contain libelous or otherwise unlawful, abusive or obscene material. Content may not contain software viruses, political campaign material, commercial solicitations, chain letters, mass mailings or any form of "spam." The User submitting the Content is solely responsible for any losses, costs, expenses and damages that result from any violations of Cachinko's policies regarding Content.

Content submitted to Website (including your name) will not be confidential and may be published or disclosed in Cachinko's sole discretion, without any compensation to you. Cachinko may, but is not obligated to, respond to any Content.

Content posted on Website may, at Cachinko's sole discretion, be monitored, edited or removed with or without notice. However, Cachinko does not, and is not obligated to, regularly review posted Content. By submitting Content, you grant Cachinko the right to use your submitted name in connection with your Content. You agree not to use a false email address, impersonate any person or entity, or otherwise misrepresent your identity or the origin of any Content you may submit. You alone shall be fully responsible for any Content you submitted, and you agree to indemnify Cachinko and its affiliates for any and all claims resulting from Content you submit. To Cachinko and its affiliates accept no responsibility or liability for any Content submitted by you or any third party.

Intellectual Property Rights

The Website (and all of the material that it contains) is owned by Cachinko LLC, or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Cachinko. In addition, the trademarks, logos and service marks displayed on the website are the property of Cachinko or its licensors. If you are aware of material on the Website that infringes copyright, please contact us through the Copyright Infringement Policy process, which is described below.

Unauthorized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing or duplicating or any other misuse of any part of the website is prohibited. Nothing contained in the Terms of Use or in the materials on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of Cachinko or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.

Intellectual Property Rights

If you believe that material on the Website is infringing your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Cachinko?s designated copyright agent:

By Mail to:

President

Cachinko LLC

16055 Space Center Blvd.,

Suite 700,

Houston, TX 77062

USA

By E-mail: copyright@cachinko.com

For your complaint to be valid under the Digital Millennium Copyright Act, you must provide the following information when providing notice of the claimed copyright infringement:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright

interest;

Identification of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

address;

A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy.

Exclusive jurisdiction

The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of State of Texas, United States of America except for its rules with respect to the conflict of laws.