Globiles

www.globiles.com (hereinafter referred to as "Globiles") is a community operated by Globiles SL (hereinafter "GSL"), which is a private limited company, duly incorporated on September 9, 2009 under company registration number 1690, in Volume 26.988, sheet 120, inscription m-486.270 and with fiscal identification number B8570809. The registered office of GSL is located in Madrid, Doctor Fleming 3, 10th floor, 28036, Spain.

Globiles is a private community and has created the site www.globiles.com for the benefit of its members. Access to certain pages and applications of www.globiles.com is restricted to members. Open access for non-members is available to certain pages and material.

Globiles provides services to members including but not limited to access to articles and globs (collective blogs), a jobs market, private messaging, career advice, personal advertisements, and opportunities to purchase services and products from third parties, as well as an ability to post comments, recommendations, advice and job offers for other members.

The objective of Globiles is to help members in their international careers through the sharing of experience, information and advice by members, including members who represent firms, and their agents, looking to enter into employment or other contractual agreements with other members, and through the provision of tools and processes to support members.

Before Registration, you must read the following Terms of Use (hereinafter referred to as "the Terms") which relate to information regarding general use of Globiles.

GSL may change these Terms from time to time and may post revisions on our website so we recommend that you read the Terms regularly.

Definitions

i) "Member" means any person who successfully registers to join Globiles as a member

ii) "User" means any user of the site who is not a Member

iii) "Services" means the services provided to Members

iv) "The Jobs Market" means the service provided by GSL to allow jobs or other work opportunities to be advertised on Globiles, and members to be contacted as potential candidates for those jobs

v) "Company" means any legal entity named by a Member using The Jobs Market to offer employment or other work opportunities

vi) "End Hirer" means any Company acting as principal offering employment or other work opportunities within the Company or its subsidiaries

vii) "Agent" means any Company acting as agent on behalf of other employers for the purposes of offering employment or other work opportunities.

viii) "Registered Member", means any Member of Globiles who has registered for a job opportunity posted on The Jobs Market

By registering as a Member, you will be entitled to use the Services provided by GSL on www.globiles.com until such use is terminated by you or by GSL.

You acknowledge and agree that you will use the Services only for purposes that are permitted by (a) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries) and b) these Terms.

Furthermore you agree not to access (or attempt to access) any of the Services by any means other than through the interfaces that are provided by GSL, unless you have been specifically allowed to do so in a separate agreement with GSL.

You confirm that you are over 18 years of age and legally entitled to enter into this contract in your own name and that you accept the Terms which govern the operation of Globiles, both within Globiles and its pages and applications, and in offline interaction with other members and GSL administration.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) and you accept that any breach by you of the Terms will constitute a reason for Globiles to terminate your account with Globiles.

You also accept that you are solely responsible for (and that GSL has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any liability, loss or damage which GSL may suffer) of any such breach.

You acknowledge that your name and any data and information you post on Globiles, other than your email address, telephone number, password, job preferences and private messages you may send or receive through Globiles, will be visible to all Users and Members, and that the data included in your Professional Profile will be visible to all Members.

You also acknowledge that, other than the data and information you submit on Globiles' pages including the Jobs Market, content on Globiles is protected by copyright and/or intellectual property rights. You agree to respect the copyrights and ownership of all content and materials on Globiles.

Unless you have been specifically permitted to do so in a separate written agreement with GSL, you agree that you will not (i) modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of www.globiles.com (ii) and/or reproduce, duplicate, copy, sell, trade or resell the Services or any part thereof for any purpose other than your own personal non-professional use, unless this is expressly permitted or required by law.

On registration as a Member, you will create a user ID in the form of an email address accessible only to you, and a password, the combination of which will be used to access Services on Globiles.

You acknowledge and agree that you are responsible for creating, maintaining and periodically changing your password in a way which ensures that access to Services and your personal data is secure, you undertake to keep both user ID and password secure at all times and that, should you believe that either or both of user ID and password has been discovered by or shared with someone else, or you become aware of any unauthorised use you will immediately inform GSL by sending a message by email to privacy@globiles.com in order to allow your access to Services and your personal data to be blocked pending resetting of the secure access details.

You acknowledge and agree that at no time will you allow anyone else to use your user ID and password.

You acknowledge and agree that if GSL disables access to your account, you may be prevented from accessing your account, your personal data, job and other work opportunity data and the Services provided to Members by GSL.

You confirm that under no circumstances you will hold GSL liable or responsible for any breach by third parties of your secure access user ID and password.

As a member, you acknowledge that you are under no obligation to provide personal data to GSL with the exception of your name, location, contact email and a short personal introduction, on registration. However, you undertake that any personal data you do provide will be accurate and truthful. You also agree that should you provide any personal data that is false or misleading, you will be liable for any costs incurred by GSL or any third party relying on that data. You further accept that should GSL have reasonable grounds for believing that you have provided false or misleading data, GSL will have the right to terminate your access to Services and your personal data with Globiles immediately.

You acknowledge and agree that GSL does not verify, audit or filter in any way the authenticity or accuracy of Member data available on Globiles and/or the accuracy of information provided by members and other third parties, and GSL cannot be held responsible for any false, obsolete, incorrect or inaccurate information provided which may through its faults cause you to incur or suffer any liability, costs, prejudices, damages or effort therefore you have no right to make any claim against GSL or any other Members or Partners or Advertisers, for any costs, damages or liabilities.

The information you do provide will be included in a file named "Members and Users" which belongs to GSL, with the sole purpose of managing the operations in which you may take part and providing you with Services.

In any case, GSL undertakes not to use or apply such personal data for any other purpose than those appropriate to comply with the business conducted and reflected in these Terms, and GSL will implement the necessary security measures to ensure that the all data governed under this agreement is treated with responsibility and according with the applicable legislation.

GSL will take all reasonable steps to protect the privacy of your personal and other data provided by you. GSL will not release any data to any third party without your permission. By registering as a Member, you authorise GSL to publish your name, location, personal bio/profile and any material you choose to contribute on pages that will be visible to Members and also to Users who choose to visit public pages of the site.

GSL is a website that collects and stores personal data in order to provide members access to specific features, contents, download areas, etc. The personal data is hosted on a server/hosting located in Ireland but aimed at users and partners worldwide.

With regard to data privacy, GSL has met all the requirements and obligations set out in Directive 95/46/CE, and therefore has implemented security measures established by Article 33 Ley Orgánica de Protección de Datos and the Instruction 1 / 2000 of 1 December, so this agreement is governed by the contractual provisions contained in the Annex of Decision 2002 / 16/CE. Any protected data is governed by Spanish law, which protects fundamental rights and freedoms of individuals, and in particular their right to privacy regarding the processing of personal data.

As a Member, you have the right to post articles, globs, recommendations, comments, threads, questions, events and other material ("Content") on discussion forums and other locations within Globiles.

You agree that you are solely responsible for (and that GSL has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GSL may suffer) by doing so.

By posting or submitting Content on Globiles, you warrant that you are legally entitled to do so, that you have the right to grant GSL an irrevocable license as specified in the Terms, and that you are not breaching any copyright or other intellectual property rights of third parties. You agree that you are solely responsible for (and that GSL has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GSL may suffer) by doing so.

You retain copyright and any other rights you already hold in any Content that you submit, post or display on, or through, the Services.

By submitting, posting or displaying the Content you grant GSL an indefinite, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

This license is for the sole purpose of enabling GSL to display, distribute and promote the Services on Globiles.

As a Member, you will have access to the Jobs Market on Globiles and will have the right to register or apply for individual job and other work opportunities posted by other Members on behalf of Hirers and their Agents.

You acknowledge and agree that GSL does not verify, audit or filter in any way the authenticity or accuracy of the job opportunities posted on Globiles and/or the accuracy of information provided by members and other third parties, including Social Partners, Hirers or their Agents, or advertisers and GSL cannot be hold responsible for any false, obsolete, incorrect or inaccurate information provided which may through its flaws cause you to incur or suffer any liability, costs, prejudices, damages or effort therefore you have not right to make any claim against GSL or any other members or partners or advertisers, for any costs, damages or prejudices suffered.

If any content or materials provided by third parties appears to you to be inaccurate or misleading, and you advise GSL through the report/feedback messages established for that and other purposes, GSL will investigate your feedback and, if appropriate withdraw or modify the content or materials accordingly.

You acknowledge and agree that, in registering your interest for any job or other work opportunity posted by Member on Globiles on behalf of a Hirer or Agent you authorise GSL to release to the Member personal data included by you in the section called Professional Profile, including data imported from LinkedIn as well as any email and telephone number you have provided, for the purpose of allowing the Member to assess your suitability for the job or work opportunity advertised and if appropriate to contact you.

As a Member, you also have the right to post job and other work opportunities within Globiles. You authorize Globiles to publish any information on job and other work opportunities submitted by you for such purpose.

You acknowledge and agree that, in posting any job or work opportunity on Globiles, you undertake that such information is accurate and reflects a job or other work opportunity that is available at the time of publication.

In the event you choose to use the Jobs Market to post job or other work opportunities, you will be asked to identify a Company as End Hirer or Agent associated with the job or work opportunity you are posting. By naming a Company as an End Hirer or Agent on Globiles, you confirm you are legally entitled to advertise that job or work opportunity on behalf of the Company.

By posting or submitting job or other work opportunities on Globiles, you warrant that you are legally entitled to do so, and that you are not breaching any copyright or other intellectual property rights of third parties.

You agree that you are solely responsible for (and that GSL has no responsibility to you or to any third party for) any job or work opportunities that you create, transmit or display and for the consequences of your actions (including any loss or damage which GSL may suffer) by doing so.

In posting job or other work opportunities on Globiles, you are encouraged to upload a logo corresponding to your Company or the Company you represent. By uploading the logo of a Company on Globiles, you warrant that you are legally entitled to do so and that you are not breaching any copyright of other intellectual property rights of third parties and you authorise Globiles to use the corporate logo of the Company in jobs listings and in the individual job specification displayed for members.

If you choose to post job or other work opportunities on Globiles, you undertake to provide contact details so that Globiles can communicate with you in respect of job market services including invoicing for these services.

You may from time to time post job opportunities on Globiles. You, may choose to view the Professional Profile of a member who has registered for a job or other work opportunity you have posted, subject to the data provided by that member, which you acknowledge may limit the detail of the profile viewed.

Should you have posted any job or other work opportunity for a Company on Globiles and subsequently lose your legal entitlement to represent that Company, you undertake to advise Globiles at jobs@globiles.com and to remove the job posting from Globiles.

As a Member, you will have access to personal data including contact email and, in some cases, telephone number (in aggregate "Confidential Information") of those Members who choose to register for a job or other work opportunity ("Registered Members") posted by you.

You accept that access to a Registered Member's Confidential Information is specifically for the purposes of contacting the member for the job opportunity for which the member has registered and that you do not have the right to use the details for any other purpose.

You agree that you will use the Confidential Information solely for the purpose of evaluating the Member for the job opportunity for which the Member has registered, and you will keep the Confidential Information confidential.

Posting of job and other work opportunities and access to the names, profiles and contact details of members who register for those opportunities is currently free. GSL reserves the right to introduce charges for these services by giving 30 days' notice to Members through email addresses provided by Members on registration.

Other than use of the Jobs Market, you acknowledge and agree that your membership of Globiles is as an individual and not in representation of any commercial entity and cannot be used for commercial purposes or transferred to non members.

You acknowledge and agree that you will not use or include any name or trademark or any commercial company or organisation in a way that is designed to promote that company or organisation commercially through Globiles except as otherwise agreed in a different written agreement with GSL.

As a Member you will be permitted, subject to limitation at GSL's discretion, to invite other people to become Members of Globiles, for which purpose you will provide the email of the invitee and be given the opportunity to add a personal message.

While GSL will use its best efforts to extend all the invitations in a reasonable period of time, you acknowledge and agree that GSL assumes no obligation regarding the time needed to give effect to the invitations.

You also accept that GSL reserves the right to reject a member invited by you at GSL's sole discretion without prior notice to you.

You acknowledge and accept that for operating or other reasons GSL reserves the right at any time to eliminate or limit your ability to request Globiles to send new invitations, including suspending indefinitely and/ or temporarily or limiting the number of invitations you may send.

GSL provides a service facilitating guidance from experienced Members who have volunteered to participate in a panel of Career Advisors. Members may nominate themselves to the panel by completing a Career Advisor profile online or by email to globiles@globiles.com. Such nomination, once accepted by GSL, constitutes an authorisation to GSL to share the Career Advisor profile with other Members.

To request such guidance, a member can complete a career advisor request form stating the topics in which the member seeks guidance and listing the preferred members of the Career Advisor panel.

Globiles will review the request and pass it on to the relevant members of the Career Advisor Panel deemed appropriate to the request, bearing in mind the Career Advisor preferences and commitments. Globiles will then notify the member who has made the request if the request has been successful and if so, which member of the Career Advisor panel has agreed to offer guidance.

GSL has no obligation to guarantee that a request for guidance will be accepted and makes no warranty to the member requesting guidance (hence “the Advisee") as to the quality of such advice nor accepts any liability whatsoever in the event that the Member receiving that advice finds that it is not helpful or even if it is prejudicial.

The Advisee will be asked to provide feedback on the Career Advisor and will be able to provide a rating on the Career Advisor. If the rating is at a level which in the sole opinion of GSL merits additional reward to the Career Advisor, GSL may award extra Membership Points to the Career Advisor, which will be separate and in addition to the points transferred from the Advisee.

Conversely, if the Advisee considers that the advice provided by the Career Advisor in exchange for the Membership Points transferred has been unsatisfactory in quantity or quality, the Advisee shall notify GSL by sending an email to globiles@globiles.com and GSL will, after consulting with both parties, determine in its sole discretion, whether none, part or all of the Membership Points transfer made at the time of the initial agreement should be returned to the Advisee.

The decision on whether to reimburse points as described above will be taken by GSL and will be final, therefore you acknowledge and accept that GSL will not accept any other claim from you as an Advisee in the event that you are not satisfied with the guidance provided by a Career Advisor.

You recognise that Globiles is a multicultural community and you accept that you are not permitted to post or publish on Globiles any words, pictures, advertisement, material or content which may contravene any applicable law and/or which may be considered offensive in any way to other Members through its content including but not limited to sexist, racist, ageist, nationalistic or religious remarks.

You accept that GSL reserves the right to remove any glob, article, thread, picture, advertisement, job or other work opportunity or any other material which you have posted and that GSL considers in its sole discretion may be perceived by another member as offensive in any way including but not limited to the use of sexist, racist, ageist, religious remarks or other language.

Notwithstanding the above, and while GSL will use its best efforts to withdraw promptly any offensive content, you understand by registering and using Globiles, that, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You acknowledge and agree that GSL does not accept in any case, third-party liability for the content of any material posted by any Member, Social Partner, Company, advertiser or any other source.

If any content or materials provided by Members or third parties appears to you to be inaccurate or misleading, and you advise GSL through the contact system (Contact Us) established for that and other purposes, GSL will investigate your feedback and, if appropriate withdraw or modify the content or materials accordingly.

GSL reaches commercial agreements with third parties to offer Members benefits. These benefits, which may be in the form of discounts or non-monetary benefits, are subject to withdrawal or change at any time without notice.

GSL makes no warranty or representation as to the quality or nature of services or goods provided by third party providers and accepts no liability for costs, damages or prejudices incurred by you in your purchase or use of such goods and services as a Member.

In some of these commercial agreements, third parties agree to pay some form of rebate to GSL in respect of purchases by Members. In these cases, you acknowledge that any financial rebates or benefits received by GSL as a result of these agreements will be the exclusive property of GSL and will not be payable to or directly accessible by the Member who has made the purchase.

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, or apply for employment or other work contracts which are provided or offered by another Member, Social Partner or Company. Your use of these other services, software or goods may be subject to separate terms between you and the legal entity or person concerned. If so, the Terms do not affect your legal relationship with these other entities or individuals.

You acknowledge and agree that GSL may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at GSL's sole discretion, without prior notice to you.

As a core element of its philosophy of developing Globiles as a community, GSL has introduced a points system whereby Members are awarded points from time to time in recognition for their contributions to the community, that may take various forms, from now on called "Membership Points".

GSL will decide from time to time the number of Membership Points to be awarded to different types of contribution. Membership Points are not exchangeable for money or goods except in the ways specifically mentioned elsewhere.

GSL will also determine the levels of Membership which relate to points accumulated, and which may offer privileges for Members reaching certain levels of points.

GSL has the right to withdraw points or privileges from any Member at any time, even with retroactive effect, should it believe that the behaviour of the member, in the sole opinion of GSL, is or has been in any way inappropriate to the functioning, development or successful growth of Globiles.

It is the intention of GSL to share the economic success of Globiles with its members. In order to do that, subject to satisfactory financial performance, a portion of the revenues of GSL may be shared, in concept of Community Development Incentive

To be eligible to receive a share of the Community Development Incentive, an Eligible Member has to comply with three requisites (i) have been a Member continuously for the complete calendar year to which the Community Development Incentive corresponds, (ii) remain a Member at the time of the payment of the Community Development Incentive, and (iii) have achieved Pioneer membership level (currently set at 500 Membership Points).

The form of Community Development Incentive will depend among other things, on fiscal considerations and may be in a form other than cash.

The precise percentage of revenues, and the final distribution amounts between Members will be at the sole discretion of GSL, this leeway of GSL will include, among others, the establishment of a de minimis threshold for distribution in order to ensure that the cost of such distribution to any Member does not exceed its amount.

You acknowledge and agree that GSL does not assume any obligation regarding the amount, timing and the precise percentage of the Community Development Incentive. The distribution of the Community Development Incentive will be determined by the number of Membership Points held by the Eligible Member as a proportion of the total points held by all Eligible Members. However, for the purpose of calculating Membership Points, GSL reserves the right to adjust the number of any Member's Membership Points at its sole discretion.

This adjustment can reflect among other things any anomalies in points of a Member relative to his/her contribution to the community. Such adjustments may include, an increase in points for positive contributions which in the sole opinion of GSL are not adequately reflected in the Membership Points accumulated by the Member, and a deduction of points generated through abusive behaviour by a Member which may have technically generated points but which in the sole opinion of GSL did not contribute any positive value to the community (eg repetitive, or low or zero value content postings in discussion forums).

It is further the intention of GSL that in the event of any commercial sale of GSL, to one or more third parties after 1 January 2013, whether partial or full, an amount of the sale proceeds will be distributed to Eligible Members, eligibility and participation to be determined in the same way as the Community Development Incentive.

The amount and form of any distribution will depend on fiscal and other considerations and will be at the sole discretion of GSL, including, among others, the establishment of a de minimis distribution level and any adjustments to Membership Points levels to reflect bona fide Member contributions.

It is intended that the actual distribution will follow the same principles as the distribution of the Community Development Incentive, in other words, according to the Membership points held by an Eligible Member as a proportion of total Eligible Members' Membership points.

For the purposes of calculating both total Eligible Membership Points and of the proportion of each Eligible Member's points, the effective date will be deemed to be six months before the date of signature of such partial or total sale.

GSL is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising introduced or inserted by GSL on the Services are subject to change without specific notice to you. In consideration for GSL granting you access to the Services, you agree that GSL may place such advertising on the Services.

The Services may include hyperlinks to other web sites or content or resources. GSL may have no control over any web sites or resources which are provided by companies or persons other than GSL.

You acknowledge and agree that GSL is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on/or available from such web sites or resources.

As part of continuing improvement to the Services, you acknowledge and agree that GSL may stop (permanently or temporarily) providing the Services to you or to users generally at GSL's sole discretion, without prior notice to you.

You may stop using Globiles at any time. You may deactivate your account at any time by notifying GSL at globiles@globiles.com or by using the account cancellation function within the relevant screen on Globiles. This process will terminate your right to use Globiles, including the right to post or register for job or other work opportunities and will remove job opportunities currently posted and your registration for opportunities.

However you acknowledge that your obligations under these Terms will survive termination, including, but not being limited to copyright, data confidentiality of Member, and liabilities for payment of fees to GSL. Moreover you acknowledge and accept that if you stop using the services or close your account in Globiles, your liabilities to GSL regarding the payment of Fees will survive the closure of the account.

These Terms do not constitute a waiver of the liability legally established according to Spanish law. Nothing in these Terms shall exclude or limit GSL's liability for those losses which may not be lawfully excluded or limited by applicable law.

Notwithstanding the above, GSL, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:

• (A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
• (B) any loss or damage which may be incurred by you as a result of:
• (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
• (ii) any changes which Globiles SL may make to the jobs market or the Services, or for any permanent or temporary cessation in the provision of the jobs market or the Services (or any features within the jobs market or Services);
• (iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
• (iii) your failure to provide Globiles SL with accurate account information;
• (iv) your failure to keep your password or account details secure and confidential.

The limitations on GSL's liability to you in the present paragraph shall apply whether or not GSL has been advised of or should have been aware of the possibility of any such losses arising.

The Terms constitute the whole legal agreement between you and GSL and govern the use by you of Globiles (excluding any services which GSL may provide to you under a separate written agreement), and completely replace any prior agreements between you and GSL.

GSL may make changes to the Terms from time to time. When these changes are made, GSL will make a new copy of the Terms available on Globiles. You understand and agree that if you use Globiles after the date on which the Terms have changed, GSL will treat your use as acceptance of the updated Terms.

You agree that GSL may provide you with notices, including those regarding changes to the Terms, to the contact email you have provided, by regular mail to an address you have provided, or postings on the Services.

You acknowledge and agree that any subsidiary of GSL shall be a third party beneficiary to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

The Terms, and your relationship with GSL under the Terms, shall be governed by Spanish law. You and GSL agree to submit to the exclusive jurisdiction of the courts of Madrid to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GSL shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

You agree that if GSL does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GSL has the benefit of under any applicable law), this will not be taken to be a formal waiver of GSL's rights and that those rights or remedies will still be available to GSL.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.