The following are the terms and conditions for using the CamboGuide website www.camboguide.com. Please read the terms and conditions carefully.
1. Member Account, Password & Security
To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You will also choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CamboGuide upon your learning of any unauthorized use of your account or any other breach of security.
2. Description of Service
CamboGuide website allows you to gain access to useful and up-to-date information about Cambodia, job listings, classifieds and an online discussion community.
3. Privacy
It is CamboGuide's policy to respect the privacy of its members. CamboGuide will not monitor, edit, or disclose any personal information about any user nor will CamboGuide disclose any information about the use of the CamboGuide website by any user without that user's prior permission unless CamboGuide has a good faith belief that such action is necessary to:
- conform to legal requirements or comply with legal process;
- protect and defend the rights or property of CamboGuide;
- enforce these Terms and Conditions;
- act to protect the interests of its members or others.
4. Member Conduct
As a condition of using of the CamboGuide website, you warrant to CamboGuide that you will not use the CamboGuide website for any purpose that is unlawful or prohibited by the Terms and Conditions. the CamboGuide website is provided to individuals and companies in the recruitment business only. You agree to use the CamboGuide website only to send and receive personal messages. Any unauthorized commercial use of the CamboGuide website, or the resale of its services, is expressly prohibited. Agencies agree to use the CamboGuide website only as a recruiting source and must utilize their own agency materials when presenting to clients.
You agree to abide by all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the CamboGuide website. By way of example, and not as a limitation, you agree not to:
- Use the CamboGuide website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Database member any directory of the CamboGuide website members or other user or usage information or any portion thereof other than in the context of the use of the CamboGuide website as permitted under the Terms and Conditions;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
- Interfere with or disrupt networks connected to the CamboGuide website or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the CamboGuide website, other accounts, computer systems or networks connected to the CamboGuide website, through password mining or any other means.
- Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from Canada through the CamboGuide website.
- Interfere with another member's use and enjoyment of the CamboGuide website or another individual's or entity's use and enjoyment of similar services.
CamboGuide has no obligation to monitor the CamboGuide website or the use of the CamboGuide website by any user nor does CamboGuide have any obligation to retain the contents of any user session. However, CamboGuide reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
5. Links to Third Party Sites
The links included within the CamboGuide website may let the user leave the CamboGuide website ("linked sites"). The linked sites are not under the control of CamboGuide and CamboGuide is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. CamboGuide is not responsible for webcasting or any other form of transmission received from any linked site. CamboGuide is providing these links to the user only as a convenience, and the inclusion of any link does not imply any endorsement by CamboGuide of the linked site or any association with their operators.
6. Disclaimers/Limitation of Liability
The information and services included in or available through the CamboGuide website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CamboGuide and/or its respective suppliers may make improvements and/or changes in the CamboGuide website at any time.
Although CamboGuide Company will endeavor to keep the website uninterrupted and error-free, it is not always possible due to the actions of third parties. CamboGuide does not warrant or represent that the use or the results of the use of the CamboGuide website or the materials made available as part of the CamboGuide website will be correct, accurate, timely, or otherwise reliable.
You specifically agree that CamboGuide shall not be responsible for unauthorized access to or for the alteration of transmissions, data or any material sent or received or not sent or received, or any transactions entered into through the CamboGuide website. You specifically agree that CamboGuide is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or for any infringement of another's rights, including intellectual property rights. The user specifically agrees that CamboGuide is not responsible for any content sent using and/or included in the CamboGuide website by any third party.
The CamboGuide website is provided "as is" and "as available". We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable to you for any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the CamboGuide website service, nor for the content, context or confidentiality of any communications posted on or through the CamboGuide website.
7. Indemnification
You agree to indemnify and hold CamboGuide, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including attorneys' fees, asserted by any third party due to or arising out of the users use of or conduct on the CamboGuide website.
8. Termination
CamboGuide may terminate your access to any part or all of the CamboGuide website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
If you wish to terminate your account, your only recourse is to not renew your membership or send CamboGuide a message with your wish to terminate the account.
At such time as the use of the CamboGuide website is discontinued, CamboGuide shall have no obligation to maintain any of the content relative to your account, nor shall CamboGuide have any obligation to forward any unread or unsent messages to you or any third party.
9. No Spam / Damages
CamboGuide will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay CamboGuide liquidated damages of $5 (US) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CamboGuide 's actual damages, to the extent such actual damages can be reasonably calculated.
10. Participation in Promotions of Advertisers
Any dealings you might have with advertisers on the CamboGuide website or with promotions offered to you, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CamboGuide shall not be responsible or liable for any part of any such dealings or promotions.
11. Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the CamboGuide website, CamboGuide's advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No part of the CamboGuide website may be reproduced or transmitted in any material form or by any means, including photocopying, image scanning, storing or recording by any means in any form nor broadcasting or transmission through any medium of any part of the Cambouide website by electronic means and whether or not transiently or incidentally to some other use of the CamboGuide website, without the express written consent of the copyright owner.12. Modifications to Terms Of Service, Member Policies
CamboGuide reserves the right to change the Terms and Conditions or policies regarding the use of the CamboGuide website at any time and to notify the user by posting an updated version of the Terms and Conditions on this Web site. The users are responsible for regularly reviewing the Terms and Conditions. Continued use of the CamboGuide website after any such changes shall constitute their consent to such changes.
13. Copyright and Trademark Notices
You acknowledge and agree between you and the CamboGuide website, that CamboGuide owns all of the forms, documents and the contents of the CamboGuide website and database (hereinafter "Documents"). You agree that no right, title or interest in or to any trademark, service mark, logo or trade name of CamboGuide is granted under this Agreement and that title to all such documents is retained by CamboGuide. You agree, stipulate and consent that all Documents are copyright protected and are trademarks owned by CamboGuide and that you will not reproduce, modify or publish any and all of the Documents for any commercial purpose without the express written consent of CamboGuide.14. Governing Law, Jurisdiction and Venue
Use of the CamboGuide website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. This agreement is governed by the laws of the Kingdom of Cambodia.
15. General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CamboGuide as a result of this agreement or use of the CamboGuide website. The CamboGuide website is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CamboGuide's right and/or obligation to comply with governmental, judicial and law enforcement requests or requirements relating to your use of the CamboGuide website or to the information provided to or gathered by CamboGuide with respect to your use of the CamboGuide website.
16. Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
17. Language
It is the express will of the parties that this agreement and all related documents have been drawn up in English. The section titles in the Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.18. Binding
This agreement shall be effective to bind you, your assigns, agents, representatives, successors, employees and any and all other persons acting on your behalf. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
