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Welcome to MyProfile! These Terms of Use (the “Terms”) are a binding contract between MyProfile and Training Cube International Pte. Ltd. (“Provider” or “we” or “our” or “us”) and each end user ("User" or “Users” or "you" or “your”) with respect to access to and use of our associated internet properties as linked and offered by us, our subsidiaries and affiliated companies, and any software that we provide to you (all of these collectively, the “Site”). Unless otherwise specified, all references to the Site also include the use of our online platform, materials, proprietary content, tools, software, and services available through the Site (collectively, all of these and the Site are called the “Services”).
Please read on carefully to learn the rules and restrictions that govern your use of the Services because they affect your legal rights and obligations. You must agree to and accept all of the Terms, or otherwise, you may not use or access the services in any manner. These Terms include the provisions in this document, as well as those in the Privacy Policy. If you do not agree to be bound by these Terms, or if at any time, the Terms are no longer acceptable to you, please cease all uses of the Services immediately.
Here is a quick overview of the Terms.
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Your Acceptance and Contractual Relationship
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Binding Agreement
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Modifications to the Terms or to the Service
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Definitions
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Your Registration
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Our Intellectual Property, Trademarks and Copyrights
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Our License to You
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Your Content and Your License to Us
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Use of the Services
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Deletion or Deactivation of User Content and/or Your Account
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Payments and Subscriptions
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Cancellations and Termination
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Indemnity
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General Information
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Contact Us
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Your Acceptance and Contractual Relationship
- 1. The Services are provided to you for your use subject to these Terms. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. By accessing or using the Services, you agree to accept and/or to be bound by these Terms and use the Services at your own risk.
- 2. In the case of any conflict between these Terms and any contract you have with us, these Terms will take precedence.
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Binding Agreement
1. The Services are provided to you for your use subject to these Terms. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. By accessing or using the Services, you agree to accept and/or to be bound by these Terms and use the Services at your own risk.
- 2. In the case of any conflict between these Terms and any contract you have with us, these Terms will take precedence.
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Modifications to the Terms or to the Services
- 1. We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but even if we do, we will bring it to your attention by placing a notice on the MyProfile website, sending you an email, and/or by some other means.
- 2. If you do not wish to accept the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
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Definitions
- 1. “Design” includes the color combinations and the page layout of the Site.
- 2. “Graphics” includes all logos, button icons, and other graphical elements on the Site, with the exception of paid advertising banners.
- 3. “Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
- 4. “User” refers to any individual or entity that uses any aspect of the Services.
- 5. “User Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by Users on or through the Site.
- 6. “Our Content and Materials” collectively means all intellectual property in or related to the Services (specifically including, but not limited to our marks, logos, rights, titles and interest in and to the Services, but excluding User Content).
- 7. “Account” means individual accounts created by Users on or through the Site.
- 8. “Profile” means individual profiles created by Users on or through the Site.
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Your Registration
- 1. In consideration of use of the Services:
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You should notify us immediately of any unauthorized use of your password or any other breach of security.
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You should take precautionary measures in maintaining the confidentiality of your password. You are responsible for any activity associated with your account. You may not transfer your account to anyone else without our prior written permission.
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You may not select as your MyProfile User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.
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You agree to provide correct, accurate, complete and updated information, including your real name or real name of the entity you represent, when you create your account on the Site, on registration or at any time.
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You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for your use of the Services in a way that breaks the law.
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- 2. We will treat information you provide as part of registration in accordance with our Privacy Policy.
- 3. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future uses of the Services (or any portion thereof).
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Our Intellectual Property, Trademarks and Copyrights
- 1. You agree that, as between you and Provider (and our subsidiaries, affiliated companies and suppliers) own all rights, title and interest in the Service and all tools, and all related intellectual property rights.
- 2. All intellectual property in or related to the Services (specifically including, but not limited to our marks, logos, rights, titles and interest in and to the Services, but excluding User Content) is the exclusive property of the Provider or its subsidiaries and affiliates, or content posted by other users licensed to us.
- 3. Our Content and Materials are protected by copyright, database right and other intellectual property rights. Individual works or content appearing on or accessible through the Site owned by or licensed to Provider or its content providers are likewise subject to copyright protection domestically and internationally.
- 4. Likewise, all data files, program files, software, code, proprietary methods, systems and other materials that are made available to download from or used to provide the Services may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.
- 5. Certain names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its “look and feel”, constitute trademarks, tradenames, service marks, trade dress or logos ("Trademarks") of us or other entities. All Trademarks not owned by Provider that appear on this site are the property of their respective owners. You are not authorized to use any such Trademarks. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities.
- 6. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- 7. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our content and materials. Nothing in this Agreement grants you any right to receive delivery of a copy of Our Content and Materials or to obtain access to our content and materials except as generally and ordinarily permitted through the Services according to these Terms.
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Our License to You
- 1. We hereby grant you a personal, limited, terminable, non-exclusive license to use and access Our Content and Materials as made available to you on the Site in connection with your use of the Services, subject to the terms and conditions of this Agreement.
- 2. We provide you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and provided that: (a) you do not modify the content; (b) upon request, either by Provider or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Site; (c) you do not republish more than a small portion of Our Content and Materials; (d) you do not use any automated tools to aggregate or create derivative works.
- 3. You may retrieve and display Our Content and Materials on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of Our Content and Materials without written permission from us.
- 4. Your right to make use of the Service and any of Our Content and Materials or other content appearing on it is subject to your compliance with these Terms. Modification or use of Our Content and Materials or any other content on the Services for any purpose not permitted by these Terms is prohibited and may be a violation of our intellectual property rights as protected by law and these Terms.
- 5. We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Site or to remove content. Except for the rights and license granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
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Your Content and Your License to Us
- 1. As a registered User you may upload, post, share, reframe, transmit or otherwise make available your User Content through the Service. “User Content” means, including the components mentioned under the Definitions Section and without limitation, your Profile or Account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials, testimonials, submissions, and/or any other information you provide on or through the Services or that we may create for you.
- 2. When you create an Account or Profile or provide career information on or through the Services, you agree that you are solely responsible for the accuracy of your User Content. You agree that Provider may offer information that is of most interest to you.
- 3. In brief, you retain ownership of your User Content at all times. However, by posting, uploading and/or making available any User Content within the Service, and/or by providing any communication or material to Provider, you automatically agree: (a) to waive all moral rights in the User Content; (b) that the User Content does not infringe the proprietary or privacy rights of any third party; (c) that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Provider shall not be liable for any use or disclosure of such User Content.
- 4. You may choose to make some of your User Content public on the Service. We may use the public User Content to improve our service, make connections with potential employers, personalize site views, market services or identify or feature popular members.
- 5. You hereby grant us a license to translate, modify (for technical purposes, for example making sure your content is viewable on devices) and reproduce and otherwise act with respect to such user submissions, in each case to enable us to operate the Services. This is a license only – your ownership of User Content is not affected.
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Use of the Services
- 1. The Services enable Users to create digital personal profile, cover letter writing, email writing, resume and curriculum vitae with the purpose to provide information about who you are and what you do and to centralize your online presence.
- 2. For as long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all Users of the Service, including Visitors and Registered Users, as follows:
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In order to access certain features of the Service you may be required to become a Registered User without having any charges waived. A “Registered User” is a User who has registered an account with us (your “Account”) or who has a valid account on the social networking service (“SNS”) through which the User has connected to the Service (each such account, a “Third-Party Account”).
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Visitors may browse the Site in accordance with these Terms, but will not have full access to the Services (which may include but are not limited to contributing content, downloading tools, posting comments or signing up for special programs) without first becoming “Registered Users”.
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- 3. If you access the Services through an SNS as part of the functionality of the Services, you may link your Account with Third-Party Accounts, by allowing Provider to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Provider and/or grant Provider access to your Third-Party Account.
- 4. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and provider disclaims any liability for personal information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
- 5. You agree not to:
- 1.1. transmit, post, distribute, store or destroy material, including without limitation Our Content and Materials, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy;
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post any profile or resume which is not a genuine profile or resume and which attempts to advertise or promote products or services.
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use the Services for any unlawful purpose or illegal activity, or post or submit any content, profile, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by our discretion
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attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”.
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send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any Users that have specifically requested not to be contacted by you;
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harass, incite harassment or advocate harassment of any group, company or individual;
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delete or alter any material posted by any other person or entity;
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solicit passwords or personally identifiable information from other Users;
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post content that contains restricted or password-only access pages, or hidden pages or images;
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post or submit to the Site any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not your own;
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access data not intended for you or logging into a server or account which you are not authorized to access;
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share with a third party any login credentials to the Services;
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post any profile, resume or apply for any job on behalf of another party;
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post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, or promotes or endorses any political views;
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aggregate, copy or duplicate in any matter any of Our Content and Materials or information available from the Site, including expired job postings, other than as permitted by these Terms;
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reverse engineer or decompile any parts of the Site;
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violate or attempt to violate the security of the Site;
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- 6. Violations of network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
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Deletion or Deactivation of User Content and/or Your Account
- 1. You may request that we delete resumes and cover letters by logging into your Account. When you request that your public User Content be deleted, your resume or profiles will no longer be visible to other users within the Service, but if your User Content, including your information, was previously accessed, stored, and/or copied by others, we are unable to delete the information from their systems.
- 2. When you deactivate your Account or ask that we delete your User Content we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties within the Service but which might be used for recordkeeping and internal legitimate business purposes. You also agree and understand that some of the content that we may create for you may not be able to be deleted once uploaded to the extent permitted by applicable law.
- 3. You further understand that we may keep and use data in various ways as outlined in these Terms and in the Privacy Policy. If you request that your User Content be deleted by us, it will no longer be publicly available and to the extent permissible by law, we will take all reasonable steps to delete it. We have no obligation to maintain any Account you open and may delete it if you violate these Terms as determined in our sole and absolute discretion.
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Payments and Subscriptions
- 1. If you purchase any premium services that Provider offers for a fee, either on a one-time or in a subscription basis, you agree that Provider’s third-party vendors may store your payment information. Failure to pay for these premium services, if purchased, may result in the termination of your subscription.
- 2. You also agree to pay the applicable fees for the services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts, until you cancel your subscription.
- 3. Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the services you order will be described on the offer page on the Site.
- 4. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Your transaction may also be subject to foreign currency exchange fees assessed by your bank or card issuer.
- 5. Provider is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. Provider does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your Account or the applicable service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts.
- 6. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
- 7. Provider has the discretion to alter prices for services at any time, subject to the notification terms.
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Cancellations and Termination
- 1. You may cancel your subscription anytime. Provider will send an email with a cancellation number to confirm any cancellation request.
- 2. You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently.
- 3. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we 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 Services.
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Indemnity
To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto Provider’s servers, and/or from any and all use of your Account.
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General Information
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Provider relating to the matters contained here and the Site.
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Contact Us
The Site is controlled and operated by Provider. Whether you access the services through any of our internet properties or family Sites you may contact Provider using the information provided herein. Please forward any comments or complaints about the Site to info@myprofile.my.