Terms and Conditions of Use1. INTRODUCTION Welcome to jobs.ForeignAffairs.org, a job site operated by Council on Foreign Relations, Inc. ("CFR"). CFR and any and all entities that control, are controlled by, or are affiliated with CFR are collectively referred to herein as "we," "us" or "our". PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING JOBS.FOREIGNAFFAIRS.ORG. Your use of jobs.ForeignAffairs.org signifies your agreement to these terms of use and our privacy policy. If you do not agree to these terms of use and our privacy policy, you may not use jobs.ForeignAffairs.org. 2. USE OF MATERIALS We or our licensors own all content and materials on jobs.ForeignAffairs.org, including, without limitation, all trademarks, service marks, trade names, trade dress and copyrights. You agree not to sell or modify such content or materials or reproduce, display, publicly perform, distribute, or otherwise use such content or materials in any way for any public or commercial purpose, in connection with products or services that are not those of CFR, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us or its licensors, that dilutes the strength of our or our licensor’s property, or that otherwise infringes our or our licensor’s intellectual property rights. 3. REGISTRATION INFORMATION AND SECURITY If you register with jobs.ForeignAffairs.org, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. We have the right to suspend or terminate your account and refuse any and all current or future use of jobs.ForeignAffairs.org (or any portion thereof) at any time for any reason. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section. 4. POSTINGS AND ADVERTISEMENTS jobs.ForeignAffairs.org acts as a venue for employers to post job opportunities and candidates to post profiles, resumes, and employment histories. We do not screen or censor the postings or advertisements. CFR is not involved in the actual transaction between employers and candidates. As a result, CFR has no control over the quality, safety or legality of the jobs, profiles, resumes, or employment histories posted, the truth or accuracy of the postings or advertisements, the ability of employers to offer job opportunities to candidates, or the ability of candidates to fill job openings. CFR makes no representations about any jobs, profiles, resumes or employment histories. CFR may take any action with respect to jobs, profiles, resumes or employment histories that it deems necessary or appropriate in its sole discretion. While CFR reserves the right in its sole discretion to remove job postings or advertisements, profiles, resumes, employment histories or other material from jobs.ForeignAffairs.org from time to time, CFR does not assume any obligation to do so and disclaims any liability for failing to take any such action. We offer services where you may submit materials, such as job postings or advertisements, profiles, resumes, and employment history (“Postings”). If you upload, email, post or otherwise send us Postings, you grant us and our licensees non-exclusive, perpetual, transferable, worldwide, royalty free license to use such Postings, in whole or in part, in any channel or medium, for any and all purposes, without further attribution, notice or payment to you (the “Posting License”). You represent and warrant that you have the right to grant us the rights and licenses set forth in this Section 4. You hereby release CFR from and waive all claims, damages, losses and liabilities resulting from the use of the Postings, including, without limitation, any claims for defamation, moral rights or violation of your rights of privacy or publicity. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. You agree that any Postings you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. You are and shall remain solely responsible for the Postings submitted and/or posted under your username and for the consequences of submitting and posting same. You acknowledge that the use of Postings is at your own risk. We reserve the right to screen, refuse to post, remove or edit Postings at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen Postings, there may be a delay in the posting of such content to allow for a review process. If we have questions about your Postings, we may contact you for further information. 5. RULES Without limiting the foregoing, you agree not to transmit, distribute, post, communicate, or store information or other material on, to or through jobs.ForeignAffairs.org that: (a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 4 of this terms of use; (b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 4 of this terms of use; (c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law we may determine in our sole discretion; (e) is sexually-explicit; or (f) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to: (a) post jobs or content on jobs.ForeignAffairs.org that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (b) use any CFR database for any purpose other than as an employer seeking employees or as an employee posting employment information, including but not limited to using the information in CFR databases to sell or promote any products or services; (c) post or submit to jobs.ForeignAffairs.org any incomplete, false or inaccurate biographical information or information which is not your own; (d) impersonate any person, or submit any materials to jobs.ForeignAffairs.org that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these terms of use; (e) allow any other person or entity to use your username or password for posting or viewing job opportunities, profiles, resumes or employment histories; (f) post jobs that are not directly related to international relations, international business, or other related fields on jobs.ForeignAffairs.org; (g) post on jobs.ForeignAffairs.org any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings or advertisements 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 or advertisements are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) delete or revise any material or other information of any other user of jobs.ForeignAffairs.org; (i) harvest, collect, or send information about others, including e-mail addresses, without their consent; (j) take any action that imposes an unreasonable or disproportionately large load on jobs.ForeignAffairs.org’s infrastructure; (k) use any device, software or routine to interfere or attempt to interfere with the proper working of jobs.ForeignAffairs.org or any activity being conducted on this site; (l) 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 jobs.ForeignAffairs.org to harvest or otherwise collect information from jobs.ForeignAffairs.org to be used for any commercial purpose; or (m) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of jobs.ForeignAffairs.org. You further agree not to violate or attempt to violate the security of jobs.ForeignAffairs.org, including, without limitation: (a) accessing data not intended for you or logging into a server or account that you are not authorized 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 authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", jobs.ForeignAffairs.org; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the law or of the security of jobs.ForeignAffairs.org. We may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to (1) disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request, and (2) edit, refuse to post or to remove any Postings or advertisements, in whole or in part. We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. We may change jobs.ForeignAffairs.org or delete content or features in any way, at any time and for any reason or no reason. 6. PRIVACY POLICY We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the privacy policy. You, in turn, agree and consent to the terms of the privacy policy by your use of jobs.ForeignAffairs.org. 7. VIOLATIONS Please report any violations of these terms of use to webmaster@foreignaffairs.org. 8. COMPLIANCE WITH LAW We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using jobs.ForeignAffairs.org in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such Postings or advertisements and turn all or a portion thereof over to law enforcement officials. We also reserve the right to remove any Postings or advertisements in our sole discretion for any reason at any time. 9. NOTICE OF COPYRIGHT INFRINGEMENT If you believe that any of your work has been copied and is accessible on jobs.ForeignAffairs.org in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on jobs.ForeignAffairs.org that is requested to be removed; (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the you or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement. Our Copyright Agent for notice of claims of copyright infringement on jobs.ForeignAffairs.org is Michael Pasuit who can be reached as follows: Michael Pasuit Foreign Affairs Senior Account Manager 58 East 68th Street New York, NY 10065 We reserve the right to remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of a conforming with 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely. 10. CONTENT LINKED TO JOBS.FOREIGNAFFAIRS.ORG jobs.ForeignAffairs.org may contain links to other Web sites. CFR is not responsible in any way for such sites, including for such sites’ content, materials, terms of use, and/or privacy policies. You hereby irrevocably waive any claim against us with respect to such sites, and any information, content and materials you provide to such sites (including, without limitation, credit card and other personal information). 11. SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY jobs.ForeignAffairs.org is not directed to children and we do not currently knowingly collect any personal information from children under the age of thirteen on jobs.ForeignAffairs.org. 12. DISCLAIMER THE INFORMATION, CONTENT AND MATERIALS ON JOBS.FOREIGNAFFAIRS.ORG ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT JOBS.FOREIGNAFFAIRS.ORG WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT JOBS.FOREIGNAFFAIRS.ORG OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY JOBS.FOREIGNAFFAIRS.ORG, INCLUDING, WITHOUT LIMITATION, POSTINGS OR ADVERTISEMENTS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM JOBS.FOREIGNAFFAIRS.ORG IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. 13. INDEMNIFICATION You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 14. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, JOBS.FOREIGNAFFAIRS.ORG OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF JOBS.FOREIGNAFFAIRS.ORG OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO JOBS.FOREIGNAFFAIRS.ORG. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN JOBS.FOREIGNAFFAIRS.ORG AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO JOBS.FOREIGNAFFAIRS.ORG IN AN ACCURATE OR TIMELY MANNER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 15. JURISDICTIONAL AND VENUE ISSUES You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 16. CHANGES TO THE TERMS OF USE If we make a material change to this terms of use we will post a notice on jobs.ForeignAffairs.org. Your use of jobs.ForeignAffairs.org following any such notice will signify and constitute your assent to and acceptance of such revised terms of use. 17. GENERAL PROVISIONS Your use of jobs.ForeignAffairs.org signifies that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. These terms of use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.
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