Terms of Use

Read This Terms of Use Agreement Before Accessing Website. 

Effective Date: This Terms of Use Agreement was last updated on September 30, 2009.

This Terms of Use Agreement sets forth the standards of use of the Employment Heaven Online Service. By using EmploymentHeaven.com you (the “Member”), including all Job Seekers, Employers and other users, agree to these terms. If you do not agree to the Terms of this agreement, you should immediately cease all usage of this website. Furthermore, you agree not to sell or assign your rights or obligations under these Terms. We reserve the right, at any time, to modify, alter, or update the Terms of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at the EmploymentHeaven.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1.      Ability to Accept Terms of Service

You must be 16 years of age or older to visit or use EmploymentHeaven.com in any way. By visiting EmploymentHeaven.com or accepting these Terms, you represent and warrant to Employment Heaven that you are 16 years of age or older and that you have the right, authority and capacity to agree to and abide by these Terms.

2.      Description of Service

Employment Heaven.com provides a venue, among other things, for Employers to post job opportunities and Job Seekers to post resumes in addition to optional, supplementary information including picture and video files.

Employment Heaven has no control over the content, quality, safety or legality of the jobs, resumes, pictures, vidumes, and additional documents (collectively deemed “Content”) posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to the Job Seekers or the ability of Job Seekers to fill job openings. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Site and release Employment Heaven (including all affiliates, officers, agents, and employees) from any lawsuits, claims or damages of any kind arising from all contact between Members.

Due to the difficulty of user authentication on the Internet, Employment Heaven cannot and does not confirm that each Member, be it a Job Seeker, Employer or otherwise, is who they claim to be. Because Employment Heaven cannot and is not involved in the actual transaction between Employers and Job Seekers or control the behaviour of Members on this Site, in the event that you have a dispute with one or more Members, you release Employment Heaven (along with all agents and employees) from all claims, demands and damages (actual and consequential and 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.

You acknowledge that you are solely responsible for the form, content and accuracy of any resume, photo, vidume or material contained therein placed by your User Name on EmploymentHeaven.com. Employers are solely responsible for their postings on EmploymentHeaven.com. Employment Heaven may take any action with respect to Member Content that it deems necessary or appropriate in its sole discretion. While Employment Heaven reserves the right in its sole discretion to remove Member Content, including resumes, photo and video files, job postings, or other material from EmploymentHeaven.com, Employment Heaven does not assume any obligation to do so and disclaims any liability for failing to take any such action.

Employment Heaven is under no legal obligation to, and generally does not, control the Content provided by other Members which is made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and mislabeled or deceptively labeled. Employment Heaven does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of the Site and the Content is at your own risk.

Employment Heaven cannot guarantee and does not promise any specific results from the use of EmploymentHeaven.com and all Employment Heaven services. Employment Heaven shall not be responsible for any employment decisions, for whatever reason, made by any Member.

Employment Heaven provides certain unique features that aim to benefit both Job seekers and Employers, including the "Who's Viewed Me" and "Employer Block" options for Job Seekers. Employment Heaven monitors and reviews the proper use of these features to the best of its ability, however, cannot guarantee that these optional features function in accordance with their stated goals at all times. For example, employers are able to login under new usernames that may circumvent the "Employer Block" placed by the Job Seeker and momentary interruptions in service, outside of the direct control of Employment Heaven, may hinder the function of the "Who's Viewed Me" option. Employment Heaven is not liable for any consequential effects arising from use of these features.

3.      Registration and Password

When you register with Employment Heaven, you will be asked to create a “Job Seeker” Account or an “Employer” Account and provide Employment Heaven with certain information including, without limitation, a valid email address (your “Information”). When creating your account, you must provide accurate and complete information. Information you submit will be used in accordance with Employment Heaven’s Privacy Statement.

You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Employment Heaven of any unauthorized use of your registration or password. Although Employment Heaven will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Employment Heavenor others due to such unauthorized use.

4.      Permitted and Prohibited Uses

Employment Heaven hereby grants permission to access and use EmploymentHeaven.com as set forth in this Terms of Use, provided that:

A. The job postings, resume database, vidume database and other feature of EmploymentHeaven.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

B. You agree not to collect or harvest any personally identifiable information, including account names, from EmploymentHeaven.com, nor to use the communication systems provided by EmploymentHeaven.com (e.g. email) for any commercial solicitation purposes.

C. You agree that you will not submit material that is copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner.

D. You agree not to use EmploymentHeaven.com, including all options for photo, written and video uploads for any commercial use, without the prior written authorization of Employment Heaven. Prohibited commercial use does not include uploading original content to EmploymentHeaven.com to serve the purpose of seeking or fulfilling employment positions.

E. You agree not to access Member Video Content through any technology or means other than the video playback pages of EmploymentHeaven.com.

F. You agree not to alter or modify any part of EmployementHeaven.com, including but not limited to the Vidume Player or any of its related technologies.

To provide further specifications, as an “Employer”,

A. You acknowledge and accept that you do not have the right to pressure, ask or demand, directly or indirectly, explicitly or implicitly, for a Job Seeker’s vidume or photo. Video and picture files must be only submitted in a willing and unsolicited manner by the Job Seeker.

B. You may access vidume submissions volunteered by Job Seekers solely as intended through the normal functionality of the Employment Heaven Service and by means of “Streaming,” hereby defined as a contemporaneous digital transmission of an audiovisual work in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed. Accessing Job Seekers’ vidumes for any purpose or in any manner other than outlined above is expressly prohibited. Job Seekers’ vidumes are made available “as is.”

The following is a partial list of all Member Content, as defined by all job postings, resumes, photos, vidumes and all other information and material provided to or uploaded to EmploymentHeaven.com, that is prohibited on this Site. The list below is for illustration only and is not a complete list of all prohibited Member Content.

• is implicitly or explicitly offensive, such as Content that engages in or promotes racism, bigotry, discrimination, harassment, hatred or physical harm of any kind against any group or individual;
• involves the transmission of “junk mail,” “chain letter,” or unsolicited mass mailing or “spamming”;
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated media or links to pirated media files
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• provides instructional information about illegal activities or activities prohibited by these Terms
• solicits passwords or personal identifying information from other Members

5.      Job Postings

All Job postings posted by registered employers must be genuine in nature. All fields on the job form must accurate in relation to the actual job details. The job 'Title' must NOT begin with a 'catchy slogan'. The Job description field must be filled out in an honest and accurate fashion outlining the exact details and duties required to be performed by any applicant. The 'Required skills' must be outlined in the same honest and accurate fashion, to the best of the employers knowledge at present. Jobs may be posted in most languages that include accented characters such as Français, Español, and Chinese. NONE of the fields shall include false, misleading statements in an attempt to manipulate any job seekers endeavors promising false hopes, green dreams of a better lifestyle. This site does NOT welcome Pyramid or Ponzi type schemes what-so ever. NO job posting shall include a URL, or separate internet address where a job seeker is redirected to, and instructed to pay a 'fee' to apply. Employers shall encourage job seekers to apply to postings directly through employment heaven using their registered employment heaven profile.

6.      Fees

At  present, Employment Heaven charges employers only a fee of $77CA to post a job. 
 

7.      Disclaimer of Warranties

Applications Guaranteed If you do not receive an application from our site within the first 30 days of your purchased membership. We will credit your account a free 30 day credit. Note that this policy is only honored to postings that do NOT include any contact instructions for applicants such as a URL, email addresses phone numbers etc. displayed within the content of the job details page.

This site is provided by Employment Heaven on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law. With exception of "Applications Guaranteed", Employment Heaven makes no representations or warranties of any kind, expree or implied, regarding the use, content, services, software, text, graphics, links or the results of this web site in terms of its correctness, accuracy, reliability, timeliness, or otherwise. Employment Heaven shall have no liability for any interruptions in the use of this Website. Employment Heaven disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

You hereby waive any moral rights you may have in the Content provided by your Account to EmploymentHeaven.com and grant each Member of EmploymentHeaven.com a non-exclusive license to access your Content through the Site, and to use, distribute and display such Content as permitted through the function and intent of this online service in accordance with these Terms. These licenses granted by you in all Content provided terminate within a commercially reasonable time after you remove or delete your Information, including all written, photo and video Content, from EmploymentHeaven.com. However, you understand and agree that Employment Heaven may retain, but not display, distribute or perform, server copies of Member’s Content that has been removed or deleted.

IN NO EVENT SHALL EMPLOYMENT HEAVEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR EMPLOYMENT HEAVEN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EMPLOYMENT HEAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

10.      Modifications and Interruption to Service

Employment Heaven reserves the right to modify, terminate, suspend, or discontinue any aspect of the Service with or without notice to the Member, including (i) changing the availability of any features at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or features; (ii) removing, adding, modifying or otherwise changing any content on or from this Site; (iv) imposing limits of certain features and Services or restricting Member’s access to parts or all of this Site without notice or liability for any reason whatsoever. Employment Heaven shall not be liable to any Member or any third party should Employment Heaven exercise its right to modify or discontinue the Service. Members acknowledge and accept that Employment Heaven does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Employment Heaven reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

In order to ensure a safe and effective experience for all Members, Employment Heaven reserves the right to limit the amount of data (including resume, vidume and job posting views) that may be accessed by the Member at any given time. These limits may be amended in Employment Heaven's sole discretion at any given time. These limits may be amended in Employment Heaven's sole discretion at any time.

11.      Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Links do not imply that Employment Heaven sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Employment Heaven. You acknowledge that we do not warrant, endorse, guarantee or assume responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Use and Privacy Policy of each site, and we are not responsible therein. We encourage all Members to review said Policies of third-parties’ sites.

12.      Linking Agreement

If you want to link to this Site, you may do so, provided you agree to the Link Conditions as outlined below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

A link may be established to the following home page of this Site: http://www.employmentheaven.com. Links may not be established to any other pages on this Site without Employment Heaven’s written permission.

If you link to this Site, Employment Heaven grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Employment Heaven trademark and Internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from your web site to this Site. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of Employment Heaven’s trademarks or service marks (the "Marks") for any reason without Employment Heaven’s prior written permission.

• may not create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
• may not imply that Employment Heaven is endorsing you or your products or services.
• may not imply an affiliation between your company and Employment Heaven without the prior written consent of Employment Heaven;
• may not present false or misleading impressions about Employment Heaven’s Services; and
• may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;

Employment Heaven shall have no responsibility or liability for any content appearing on your website;

Employment Heaven may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If Employment Heaven exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks;

Employment Heaven may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms on this Site, as amended from time to time.

13.      Governing Jurisdiction of the Courts of the Province of Ontario 

Our website is operated and provided by Employment Heaven from its offices within Canada. As such, we are subject to the laws of the Province of Ontario, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so in compliance with all local law.

14.      Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

15.      Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009EmploymentHeaven.com, with all rights reserved, or is the property of Employment Heaven and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Employment Heaven is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Employment Heaven.

Employment Heaven® and Employment Heaven.com are proprietary marks of EmploymentHeaven Inc. Employment Heaven’s trademarks may not be used in connection with any product or service that is not provided by Employment Heaven, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Employment Heaven.

All other trademarks displayed on Employment Heaven’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those parties. In addition, such use of trademarks or links to the web sites of Employers and other third-parties is not intended to imply, directly or indirectly, that those parties endorse or have any affiliation with Employment Heaven.

16.      Botnets

Employment Heaven retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Employment Heaven reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

17.      Arbitration

Any and all disputes arising out of this Terms of Use, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in this Terms of Use and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. In addition, Employment Heaven’s failure to enforce any terms of these Terms shall not be deemed as a waiver of such term or otherwise affect Employment Heaven’s ability to enforce such term at any point in the future. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Employment Heaven, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW YOU AND EMPLOYMENT HEAVEN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EMPLOYMENT HEAVEN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19.      Additional Terms of Use

Certain areas of this Site may be subject to additional Terms of Use. By using such areas, or any part thereof, you agree to be bound by additional Terms of Use applicable to such areas.

20.      Language

The Member confirms that it is their wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations have been and shall be drawn up in the English language only. Les signatairs conferment leur volonté que la présente convention, de meme que tous les documents s’y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.