Indeed Plugin Terms

Indeed or Recipient shall refer to:

• Indeed Brasil Pesquisa de Empregos Ltda., Rua São Bento, 365, conj. 145, sala 2, Centro, São Paulo/SP, CEP: 01011-903, Brasil, if and when you are located in Brazil, and/or

• Indeed, Inc., Indeed Tower 200 West 6th Street, Floor 36, Austin, TX 78701, USA, if and when you are located in the United States, and/or

• Indeed India Operations Private Limited, 10th Floor, Skyview 10, Survey No. 83/1, Raidurg (Panmaktha) Village, Rangareddi, Hyderabad - 500081, Telangana, India, if and when you are located in India, and/or

• Indeed Japan K.K., 6th Floor, Sumitomo Fudosan Azabu-juban Bldg. 1-4-1, Mita, Minato-ku Tokyo, Tokyo 108-0073 Japan, if and when Participant is in Japan, and/or

• Indeed Singapore Operations (Pte.) Ltd., 50 Collyer Quay #05-05, OUE Bayfront, Singapore 049321, if and when you are located in the Asia-Pacific Region, and/or

• Indeed Ireland Operations Limited, Block B, Capital Dock, 80 Sir John Rogerson's Quay, Grand Canal Dock, Dublin 2, D02 HE36, Ireland, in all other respects.

1. Indeed Plugins and Plugin Content​

1.1 Indeed Plugins (“Plugins”) are tools that you may place on your website, platform or application (“Platform”) which allow users of your Platform (“Users”) to access and view content on Indeed websites. You agree that these Plugins may display Indeed logos, information available on or through Indeed, search boxes that link to information located at Indeed.com, advertising for Indeed or advertising for third party products (“Plugin Content”).

1.2 Plugins include Plugin Content, as well as all software files or images incorporated in, or generated by, the Plugins, and any and all data and embedded code (including but not limited to HTML code) that accompany the Plugins, and any upgrades, enhancements or modifications to such software and code.

1.3 You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Plugin. If you object to our use of any of the foregoing tools, your sole recourse is to stop using the Plugins and remove the Plugins from your Platform.

2. Plugin License​

Subject to your compliance with this Agreement, Indeed grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Plugins on your Platform solely for your own use as permitted by this Agreement. You are not licensed to use the Plugins for any other purpose, and, except for the limited license set forth herein, nothing in this Agreement shall be deemed to grant you any right, title or interest in the Plugins.

3. Restrictions on Use​

The Plugin license is subject to the following restrictions on use: (a) you may not use the Plugins to facilitate the sale of access to Indeed or any information therein without Indeed’s prior written approval; (b) you may not obscure or disable any element of the Plugins; (c) your Platform title and other trademarks and logos must appear at least as prominent as Indeed's trademarks and logos in the Plugins; (d) you may not display the Plugins in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by Indeed; (e) you may not display the Plugin on any Platform that disparages Indeed or its products or services, infringes any Indeed or third party intellectual property or other right, or violates any applicable law, self-regulatory rules, industry rules and governmental regulations (collectively, “Applicable Law”); (f) you may not place the Plugins on Platforms that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Indeed in its sole discretion and (g) you may not commingle or supplement the Plugin Content with any other Indeed data (e.g., you cannot supplement the data you have received via the Plugins with data scraped from our website (whether that scraping was done by you or someone else)). Subject to the limited license granted to you above, the Plugins and the Plugin Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed without Indeed’s prior written approval in each instance. You acknowledge and agree that Indeed may crawl or otherwise monitor your Platform for the purpose of confirming compliance with this Agreement. You must never use or include the Plugins or Plugin Content in any advertisements or for purposes of targeting advertisements.

4. Your responsibilities​

You are responsible for, and agree that you will, provide sufficient notice and choice to and obtain the appropriate consent from your Users, under Applicable Law, regarding any collection, disclosure, use and security of information that you collect in connection with the Plugin (“Plugin Information”). Without limiting the foregoing, you will include a clear and prominent notice that your use of the Plugin Information will be subject to your privacy policy and include a link to your privacy policy. Subject to your privacy policy and Applicable Law, as well as the scope of any notices that you have provided and consents that you have obtained, you may: (a) use the Plugin Information only for the purpose specified on your Platform near the Indeed Plugin button and (b) share Plugin Information only with someone acting on your behalf, such as your service provider, provided that you are responsible for ensuring their respective compliance with this Agreement and for limiting their respective use of the Plugin Information on your behalf. Without limiting the foregoing, you shall not (x) sell the Plugin information; (y) combine the Plugin Information with any data obtained by or on behalf of another advertiser; or (z) except for usage that is solely on your own behalf, compliant with this Agreement and in a manner that does not identify the applicable individuals as associated with Indeed nor includes any information other than a primary identifier (e.g. email address), transfer any Plugin Information (including anonymous, aggregate, or derived data) to any, or use in your capacity as an, ad network, ad exchange, data broker or other advertising- or monetization-related service. You agree to use reasonable measures to protect the confidentiality of the Plugin Information and to use appropriate security safeguards to protect Plugin Information in accordance with industry standards.

5. Applicable terms​

a. Your use of the Plugins must also comply with the Indeed Developer Terms; the Indeed Terms of Service; the Indeed Privacy Policy; the Indeed Cookie Policy; and the Indeed Branding Guidelines, which are hereby incorporated by reference. In the event of any conflict between the content in this document and the above documents, this document controls your use of the Indeed Plugins.

b. You must have your own user agreement and privacy policy in place with your Users which shall not conflict with the Plugin Terms. Your user agreement and privacy policy must be prominently identified and located where Users download or access your Platform. Your privacy policy must comply with all Applicable Laws and accurately describe the collection, use, storage and sharing of data.

6. Compliance with Law​

You will comply with all Applicable Laws with respect to the use of the Plugins and the use of any Plugin Information (including as applicable, offering the ability to and honoring any unsubscribe or opt-out, complying with consumer protection laws relating to marketing or telemarketing and complying with privacy and security laws).

7. Intellectual Property and Publicity Rights​

a. Subject to the terms of this Agreement and the Indeed Branding Guidelines, we grant you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable and revocable license during the term of this Agreement to display the Indeed trademarks or logos that we may make available to you to publicize your use of the Plugins, but you may not state or imply that you have a partnership, or any other type of relationship, with Indeed, or make any other statements that suggest that your use of the Plugins exceeds the scope of use permitted by this Agreement.

b. You may not display the Plugins in a manner that hinders successful linking to, redirection to or delivery of the applicable Plugin Content. You may not insert any intermediate page, splash page or other content between the Plugins and the applicable Plugin Content.

c. We may publicly refer to you, orally or in writing, as a licensee of the Plugins and we may publish your name and/or logo (with or without a link to your Platform) on the Indeed website or service, in press releases, and in promotional materials without your prior consent. Following the termination of this Agreement and upon written request from you, Indeed will make commercially reasonable efforts to remove all references and links to your Platform from the Indeed website or service. Indeed will have no other obligation to delete copies of, references to, or links to, your Platform.

8. Warranty and Limitation of Liability​

a. THE PLUGINS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDEED DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PLUGIN, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, PLUGIN CONTENT, COMPLETENESS OF INFORMATION PROVIDED BY INDEED, INCLUDING BUT NOT LIMITED TO INDEED ANALYTICS DATA. INDEED FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF THE PLUGINS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLUGINS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA OR INACCURATE DATA THAT RESULTS FROM THE USE OF THE PLUGINS. UNDER NO CIRCUMSTANCES SHALL INDEED BE LIABLE TO YOU OR YOUR USERS OR ANY THIRD PARTY ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THE INDEED PLUGIN.

b. ACCORDINGLY, YOU AGREE THAT INDEED SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR OR YOUR ENDUSER’S USE OF THE PLUGINS. THIS LIMITATION OF LIABILITY SHALL APPLY TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF INDEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, INDEED’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED $50.00.

9. Indemnification​

You agree to defend, indemnify, and hold Indeed and its employees, agents, Affiliates, successors, and permitted assignees harmless from and against any claims (including third party claims), demands, liabilities, expenses, losses, damages, attorney fees, and expenses of whatever kind arising from or relating to and A) a violation or purported violation by you of i) this Agreement, ii) applicable laws, regulations, or codes, i​​ncluding but not limited to negligence or to any actions taken by you in order to generate traffic to your website or online property, iii) third party rights, including but not limited to intellectual property rights, B) your willful misconduct or gross negligence, C) your use of Indeed Plugins or APIs(s), Indeed Platform, Indeed Apps, Indeed logo’s or service marks or trade names, Indeed products or services. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by Indeed or bind Indeed in any manner, without Indeed’s prior written consent. The foregoing shall be in addition to, and not in lieu of, any other remedies that Indeed may have as a result of a violation of this Agreement by You. Indeed reserves the right, at Indeed’s option and in Indeed’s sole discretion, to assume full control of the defense of claims reasonably likely to give rise to an indemnification claim with legal counsel of Indeed’s choice. In this case you will provide all reasonably requested assistance, including documentation to assist Indeed in the defense of indemnified claims.

10. Right to Modify and Terminate​

Indeed may modify, supplement or replace the terms of this Agreement for any reason, effective prospectively upon posting. If you do not agree to any changes to this Agreement, you can terminate this Agreement by discontinuing your use of the Plugins. Without cause Indeed may (a) terminate your use of the Plugins, and (b) terminate this Agreement by giving notice to you. In either case, you agree to promptly remove the Plugins from your Platform and cease all further use of the Plugins. Those rights and obligations that by their nature are intended to survive expiration or termination of this Agreement will survive.

11. General Provisions​

This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Plugin Terms, by and under the laws of the State of Texas, U.S.A., without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such dispute shall be filed only in courts located in Travis County, Texas, U.S.A. Nothing in this Agreement will be construed as creating a partnership or joint venture of any kind between the parties, and neither of the parties will have the authority to bind the other party or to contract in the name of or create a liability against the other party in performing its obligations or exercising its rights under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement cancels and supersedes any and all prior proposals and agreements (oral or written) between the parties, related to your use of the Plugins.