Last revised on February 28, 2017
We are a social network and online platform for students and professionals. Currently our services are available to college students and college graduates (‘Users’) and selected prospective employers, and recruiters who may access the site after entering into a separate service account agreement with us (‘Visitors’).
Our ultimate mission is to fairly identify the world’s leading college students and college graduates and to connect them with the world’s greatest employers, while increasing efficiency and decreasing bias in the labor market.
When you use our Services, you are entering into a legal agreement and you agree to all of these terms.
You agree that by clicking “Create Resume” “Join ResumeGem”, “Sign Up” or similar, registering, accessing or using our services (including any related mobile apps, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with ResumeGem (“ResumeGem” or “we”).
Registered users of our Services are “Users” and unregistered users are “Visitors”. This Agreement applies to both.
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least our “Minimum Age.”
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one ResumeGem account which must be in your real name;
“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries.
However, if law requires that you must be older in order for ResumeGem to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age.
The Services are not for use by anyone under the age of 13.
2.2. Your Account
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law. As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
2.3. Notices and Service Messages
You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
2.4. Messages and Sharing
When you share information, others can see, copy and use that information.
Our Services may allow messaging and sharing of information in many ways, such as a profile or job postings. Information and content that you share or post may be seen by other Users or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. Note that other activities, such as applying for a job or sending a message, are by default private, only visible to the addressee(s).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. The User
3.1 Changing, Updating and Removing Your Profile
You may change or update your profile information at any time. We may review your changes and may choose to exclude your profile if we decide for any reason that your continued inclusion is inconsistent with the mission of the site.
You may remove your profile at any time. If you remove your profile, you can always register again to have your profile included at a later date.
3.3 Our Work on Behalf of Prospective Employers and Recruiters
We may be asked by a prospective employer or recruiter to review and select profiles for them, to rank profiles or to send invitations to persons having profiles on the site that we believe are most likely to meet the requirements of the prospective employer or recruiter. We will use our judgment in reviewing profiles and we may be compensated for exercising such judgment.
You consent to our review, ranking and selection (or rejection) of profiles for specific prospective employers or recruiters.
3.4 Who Can View Your Profile
By default your profile is private and only accessible by you or ResumeGem staff. ResumeGem may share your profile with prospective employers and recruiters as we deem applicable unless you opt out. You can opt out by sending an email to support@ResumeGem.com.
4. Rights and Limits
4.1. Your License to ResumeGem
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We'll honor the choices you make about who gets to see your information and content.
You promise to only provide information and content that you have the right to share, and that your ResumeGem profile will be truthful.
As between you and ResumeGem, you own the content and information that you submit or post to the Services and you are only granting ResumeGem the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Users and/or Visitors may access and share your content and information, consistent with your settings.
While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to ResumeGem, you agree that ResumeGem can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. ResumeGem may be required by law to remove certain information or content in certain countries.
4.2. Service Availability
We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
4.3. Other Content, Sites and apps
When you see or use others' content and information posted on our Services, it's at your own risk.
Third parties may offer their own products and services through ResumeGem, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. ResumeGem generally does not review or guarantee the accuracy of any content provided by our Users. You agree that we are not responsible for third parties' (including other Users') content or information or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access or use third party apps or sites that may link from our Services. Except to the limited extent it may be required by applicable law, ResumeGem is not responsible for these other sites and apps -- use these at your own risk.
We have the right to limit how you connect and interact on our Services.
We're providing you notice about our intellectual property rights.
ResumeGem reserves the right to limit your use of the Services. ResumeGem reserves the right to restrict, suspend, or terminate your account if ResumeGem believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do’s and Don'ts).
ResumeGem reserves all of its intellectual property rights in the Services. For example, ResumeGem trademarks, service marks, graphics, and logos used in connection with ResumeGem belong to ResumeGem. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
5. Disclaimer and Limit of Liability
5.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, RESUMEGEM (AND THOSE THAT RESUMEGEM WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
5.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS RESUMEGEM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), RESUMEGEM (AND THOSE THAT RESUMEGEM WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF RESUMEGEM (AND THOSE THAT RESUMEGEM WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RESUMEGEM AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF RESUMEGEM HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless ResumeGem, those that ResumeGem works with to provide the Services, 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 any content your provide, your use of any content on the ResumeGem site, or your breach of this User Agreement.
We can each end this Agreement anytime we want.
ResumeGem or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Users' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 5, 7 and 8 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
7. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Connecticut courts, applying Connecticut law.
You agree that the laws of the State of Connecticut, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of New Haven County, Connecticut, USA, and we each agree to personal jurisdiction in those courts.
8. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that ResumeGem has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your Usership or use of Services) to anyone without our consent. However, you agree that ResumeGem may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
9. ResumeGem “DOs” and “DON’Ts.”
9.1. Dos. You (Users and Visitors) agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.
9.2. Don'ts. You (Users and Visitors) agree that you will not:
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Use any image that is not your likeness or a head-shot photo for your profile;
Create a false identity on ResumeGem;
Misrepresent your current or previous positions and qualifications;
Misrepresent your affiliations with a person or entity, past or present;
List any person as a reference who has not agreed to be so listed;
Include any of the following in any information you submit:
Your social security number or national identification number
Information about your political, philosophical or religious beliefs
Information about your physical or mental health, biometric details or genetic makeup
Information about the commission of criminal offenses, unlawful or objectionable conduct or proceedings and associated penalties or fines
Information concerning addictions or your sexual life.
Misrepresent your identity, including but not limited to the use of a pseudonym;
Create a User profile for anyone other than yourself (a real person);
Use or attempt to use another's account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights of ResumeGem, including, without limitation, using the word “ResumeGem” or our logos in any business name, email, or URL.
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by ResumeGem;
Send messages to distribution lists, newsgroup aliases, or group aliases;
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
Create profiles or provide content that promotes escort services or prostitution.
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data on ResumeGem in connection with a competitive service (as determined by ResumeGem);
Copy, modify or create derivative works of ResumeGem, the Services or any related technology (except as expressly authorized by ResumeGem);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by ResumeGem without our express consent;
Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
Sell, sponsor, or otherwise monetize any other feature of the Services, without ResumeGem consent;
Deep-link to our Services for any purpose other than to promote your profile on ResumeGem without ResumeGem’s consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Remove, cover or obscure any advertisement included on the Services;
Collect, use, copy, or transfer any information obtained from ResumeGem without the consent of ResumeGem;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services' availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by ResumeGem;
Override any security feature of the Services; and/or
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
9.3 Additional Don’ts for Visitors. You agree that you will not:
Post jobs or use the site for recruiting in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
Post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
Use any profile to determine a consumer’s eligibility for credit or insurance for personal, family or household purposes or a government license or benefit;
Post any franchise, pyramid scheme, distributorship, multi-level marketing opportunity or sales representative agency arrangement;
Post any business opportunity that requires an up-front or periodic payment or requires recruitment of other Users, sub-distributors or sub-agents;
Post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the applicant would be selling;
Advertise sexual services or seek employees for jobs of a sexual nature;
Except where allowed by applicable law, post jobs which require the applicant to provide information relating to his or her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) Membership in a trade union, (v) physical or mental health, (vii) sexual life, (viii) the commission of criminal offenses or proceedings or (ix) age.
9.4 Removal of Non-Compliant Content; Other Sanctions.
ResumeGem reserves the right to remove any non-compliant content posted by a User or a Visitor and may take other action as ResumeGem deems appropriate in its sole discretion, including removal of the profile and closing of the account of any User or Visitor who fails to comply with this User Agreement.
10. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. Please email support@ResumeGem.com regarding any concerns.
11. How To Contact Us
If you want to send us notices or service of process, please contact us:
ONLINE at: support@ResumeGem.com
OR BY MAIL at:
Rockstar Coders Headquarters
Attn: Agreement Matters (Legal)
125 S Clark Street, 17th Floor
Chicago, IL, 60603