Terms & Conditions

Last update: August 11, 2023

These Terms and Conditions (“Terms and Conditions”, “Terms of Service”, “Terms”, “Agreement”), which incorporate our Privacy Policy and any other specific Terms and Conditions defined as applicable, constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and DIMANOLO ALLIANCE GROUP S.R.L. (“VideoWorkers”, “we”, “us”, or “our”) regarding your access to and use of videoworkers.com, along with any associated media forms and channels relating thereto (the “Website”).

These Terms and Conditions apply to all persons and entities who visit, use, or access the Website or any of the Services (“Service”, “Services”) provided through the Website (“Users”). The Service accommodates the following categories of Users: (I) Candidates (users who access the Website to search for job opportunities) and (II) Companies and Agencies (users who access the Website to search for Candidates).

By accessing and using the Website, including all information, services, and other assets, you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then please refrain from using the Website, any of the Services, or any information contained within the Website.

In our sole discretion, we reserve the right to update, change, or replace any part of these Terms and Conditions, including the Privacy Policy and any specific Terms and Conditions at any time by posting updates and changes to the Site.

For minor changes that do not significantly alter your rights, it is your responsibility as a User to review these Terms and Conditions periodically to stay informed of updates. We will notify you by email or by presenting you with new Terms and Conditions to accept if we make substantial changes that affect your rights.

You can review the most current version of these Terms and Conditions at any time at https://videoworkers.com/terms.

If you have a written agreement with VideoWorkers that explicitly states its precedence over these Terms and Conditions, any inconsistencies between your agreement with us and these Terms will be resolved in favor of the provisions outlined in your separate agreement.

The headings incorporated in these Terms and Conditions are provided solely for convenience and will not limit or otherwise affect these Terms.

Table of contents:

1. Terms and Conditions for All Users

1.1. Account Creation

1.2. External Sites

1.3. Online Website Terms

1.4. User Content

1.5. License to User Content & User Comments

1.6. Services & Payments

1.6.1. Subscription Plans & Payments

1.6.2. Free Trial

1.6.3. Subscription Plan Renewal

1.6.4. Subscription Plan Cancellation

1.6.5. Loyalty program/Affiliate marketing

1.6.6. CV Promotion/Job Position

1.6.6.1. Promotion Credits

1.6.7. Credit Utilization

1.6.7.1. Credit Purchase

1.6.7.2. Affiliation credits

1.6.8. Termination of Service

1.7. Billing Information

1.8. Refunds Policy

1.9. Disclaimer & Limitation of Liability

1.10. Prohibited Uses

1.11. Intellectual Property Rights

1.12. Indemnification

1.13. Severability

1.14. Governing Law

1.15. Errors, Inaccuracies & Omissions

1.16. Email & Other Electronic Communications

1.17. Force Majeure

1.18. Contact Us

2. Additional Terms and Conditions for Candidates

2.1. Profiles & Resumes

2.2. Job Offers

2.3. Job Ads

2.4. Interactions with Companies & Agencies

3. Additional Terms and Conditions for Companies & Agencies

3.1. Company & Agency Accounts

3.2. Job Ads Content and Publication Rules

3.3. Candidate Database

3.4. Candidate Data Protection

 

1. Terms and Conditions for All Users

1.1. Account Creation

You need to have an account to use VideoWorkers. You can create an account on VideoWorkers as a Candidate searching for job opportunities or a Company or Agency seeking new talent.

By creating an account to use the Site and any of the Services provided, you agree not to provide any false information about yourself. Unless you have obtained explicit authorization from a Candidate or Company/Agency allowing you to act on their behalf, you are strictly prohibited from creating an account on VideoWorkers for anyone other than yourself.

You bear full responsibility for any activity that takes place under your account, including any password misuse or unauthorized access. Additionally, you are expected to use a strong password for your account (a password that includes a mix of upper and lower case letters, numbers, and symbols, and does not include any ties to your personal information) and log out from your account at the end of each session.

You acknowledge and consent that your account is intended for personal use only (for Candidate accounts) or business use only (for Company and Agency accounts) and you agree not to grant access to the Site to any unauthorized third party using your login credentials. You shall not charge or receive any form of payment, monetary or otherwise, from individuals or entities in exchange for the use of, or access to, any part of the Service. You further agree to promptly notify us of any unauthorized access or use of your login credentials.

1.2. External Sites

The Website may contain links to other websites on the Internet which are owned and/or operated by third parties (“Third Party Websites”) as well as content belonging to or originating from third parties (“Third Party Content”).

We are not responsible or liable, directly or indirectly, for any such Third-Party Websites or Third-Party Content accessed through the Site, or any loss or damage that may occur, or is claimed to have occurred, to you in relation to your use of these Third-Party Websites and/or Third-Party Content. If you have any concerns regarding such websites or the content provided by these websites, you should contact the website administrator or webmaster.

If you decide to leave this Site and use any Third-Party Websites and/or Third-Party Content, these Terms and Conditions no longer apply. In such instances, your rights and obligations will be determined by their Terms and Conditions and Privacy Policies.

We take no responsibility in relation to transactions or purchases you make through Third-Party Websites as those transactions are solely between you and the respective third-party involved. You consent to fully indemnify and defend VideoWorkers from any claims that may arise as a result of your utilization of services offered by a Third-Party Website.

1.3. Online Website Terms

By using the Site, you provide your consent to VideoWorkers for the collection, processing, analysis, and recording of all activities you undertake on the Site, including any interactions and communications you engage in on, through, or related to the Site. This includes but is not limited to, the tracking, processing, analyzing, and recording of the Site pages you visit, the content you view, and any interactions between you and the Site. The timing and duration of each activity will also be recorded.

Additionally, you provide your consent to VideoWorkers to use third-party vendors to collect, process, analyze, and record all the interactions between you and the Site. You understand that your content may be transferred unencrypted (excluding credit card information that is always encrypted to ensure secure transmission over networks).

You are strictly prohibited from utilizing this Site and any of our Services for any unlawful or unauthorized purposes, including, but not limited to, extracting data from the Site using any automated system or software or infringing copywriting laws.

Please note that Users must be at least the age of majority in their respective jurisdiction in order to use the Site and the Services. By accessing and using the Site or the Services, you affirm, acknowledge, and consent that you meet the minimum age requirement in your jurisdiction and have the legal right, authority, and capacity to agree to and comply with these Terms.

1.4. User Content

The Site allows Users to share content that is viewable by other Users, including, but not limited to, text, images, graphics, video, audio, logos, trademarks, questions, comments, feedback, and any information or materials that are posted, generated, provided, displayed, transmitted, or otherwise made available on the Site (“User Content”).

As a User, you are fully responsible for your User Content and the outcomes that arrive from posting, providing, sharing, or publishing it. We do not take any responsibility if User Content, including any opinion, advice, information, or statement, is inaccurate, incomplete, misleading, or deceptive. VideoWorkers has no obligation to verify the accuracy, legitimacy, or completeness of User Content.

Furthermore, you acknowledge that by using the Site, you may encounter User Content that you perceive as offensive, objectionable, harmful, indecent, or threatening. You understand that VideoWorkers has no liability in relation to such content.

The list below is meant to serve as examples of types of User Content that is prohibited, but it is not an exhaustive list.

You agree not to post, provide, share, or publish any User Content that:

  • Is unlawful, fraudulent, threatening, discriminatory, defamatory, obscene, infringing, indecent, offensive, libelous, invasive of personal privacy or publicity rights, or otherwise objectionable;
  • Is false, misleading, or deceptive;
  • May pose a risk or harm to any person or property;
  • Includes slurs or discriminatory language based on sexual, ethnic, racial, or other characteristics;
  • Contains instructional information concerning illegal activities;
  • Discloses trade secrets, proprietary information, or information that you do not have the right to make available under any law or contractual agreements;
  • Violates our Intellectual Property Rights or those of any third party;
  • Provides links to content that is illegal or offensive;
  • Includes the transmission of unsolicited or junk mail as well as spam, phishing attempts, or any other form of fraudulent communication;
  • Contains advertisements, chain letters, pyramid schemes, or any other form of unsolicited commercial communication, unless expressly permitted by these Terms or by us in writing;
  • Includes sensitive details such as ID number, social security number, immigration number, or any other similar numbers and codes, whether they belong to you or another person.

We reserve the right to remove any User Content that, in our sole discretion, is unlawful, discriminatory, obscene, offensive, libelous, invasive, objectionable, inappropriate, or violates any of the above rules.

If you have concerns about User Content violating these Terms and Conditions or any of the above rules, we kindly ask you to contact us immediately so that we can evaluate the situation and potentially remove it.

Additionally, you agree that VideoWorkers has no obligation to publish or delete any User Content. The decisions regarding whether any User Content violates these Terms and Conditions or any of our policies and whether to publish or delete any User Content will always be at our sole discretion. We reserve the right to publish or delete any User Content from publication for any reason or no reason at all.

Additionally, we retain the right to disclose all User Content to appropriate third parties in order to operate the Site effectively, protect its interests, partners, visitors, or affiliates, fulfill legal obligations or governmental requests, and comply with law enforcement agencies, court orders, subpoenas, etc.

1.5. License to User Content & User Comments

By sharing, posting, submitting, or otherwise making available any User Content on the Site, you grant VideoWorkers a nonexclusive, worldwide, transferable, fully paid, royalty-free, sublicensable (through multiple layers of sublicensees), perpetual license to use, sell, distribute, reproduce, adapt, display, translate, sublicense, create derivative works from, and exploit such User Content in whole or in part, whether now known or hereafter created.

You acknowledge that you are not entitled to receive any form of compensation for VideoWorkers’s utilization of the User Content you submit under the license described in this section.

You further acknowledge and agree that, if you provide suggestions, proposals, or feedback to VideoWorkers concerning the performance of the Site and Services (“Comments”), you agree that we may, at any time, without restriction, use, sell, sublicense, reproduce, publish, distribute, translate, and otherwise use in any medium any comments you forward to us for any purpose without restriction. We have no obligation to keep any comments confidential, pay compensation for such comments, or respond to them.

Additionally, by sharing, posting, submitting, or otherwise making available any User Content on the Site, you guarantee that such User Content is lawful, accurate, comprehensive, genuine, and truthful and that you have the right to grant the license described in this section. You further acknowledge that VideoWorker’s use of your User Content will not infringe any laws or the rights of any third parties, including copyright, trademark, privacy, or other personal or proprietary right.

If for any reason you wish to revoke, in whole or in part, the license for the User Content you granted by agreeing with these Terms and Conditions, you may send us an official request along with a copy of your ID card or passport to verify your identity.

1.6. Services & Payments

1.6.1. Subscription Plans & Payments

Certain parts of our Service may request payment. As a User, if you choose to utilize a Service that requires payment, you agree to the pricing and payment terms for the relevant Services and that you are authorized to use the payment method.

Our online payment system accommodates various currencies, and we accept Visa or MasterCard credit or debit cards as valid payment methods.

You acknowledge and agree that prices for our services are subject to change without notice. We shall not be held liable to you or any third party for any changes in price, modifications, suspensions, or discontinuations of the Service.

If you are a Candidate, you acknowledge and consent that VideoWorkers may charge you for different types of services including, but not limited to, creating a Candidate profile, adding more professions to your profile, or promoting your CV for enhanced visibility. VideoWorkers will not charge you for any services without your consent.

If you are a Company/Agency, you acknowledge and consent that VideoWorkers will charge you for each Job Ad you publish through our platform. Nevertheless, we will not charge you any fees for creating a Company/Agency account with us and accessing the Candidate Database.

1.6.2. Free Trial

If you have been offered a free trial, you will be requested to provide your credit/debit card and billing information, but you will not be charged until the expiration of the free trial. If you do not cancel before the free trial period ends, your credit/debit card will be automatically charged for the initial 30 days if you’ve chosen a monthly subscription plan or any other applicable recurring period.

You can cancel at any time your free trial without incurring any fees prior to the expiration of your trial period. As a User, you are fully responsible for canceling your free trial period prior to its expiration if you want to avoid any unwanted fees.

1.6.3. Subscription Plan Renewal

Upon the conclusion of your subscription period, your subscription will be automatically renewed unless you send us a cancellation request prior to the expiration of your subscription period.

Your subscription plan will renew for recurring periods depending on the duration of your selected subscription plan (e.g., 30 days).

Upon automatic renewal, the corresponding subscription fees will be charged to the payment method associated with your account, and you will receive an invoice for your payment.

1.6.4. Subscription Plan Cancellation

As a User, you have the option to cancel your subscription to our Services at any time prior to the end of your subscription plan.

Upon cancellation of your account, you will no longer have access to any content included in your subscription plan.

1.6.5. Affiliate program

The affiliate program is available to all Candidates registered on https://videoworkers.com. The affiliate program is closely linked to the “CV Promotion” options offered to the Candidates.

1.6.6. CV Promotion/Job Position

Candidates have the opportunity to promote one or more Job Positions in one or more countries using credits generated on the Site (“Promotion Credits”).

Upon activation of the CV Promotion service, the Candidate’s profile will be available for a job position in a certain country, for the positions specifically created for the promoted profiles.

The algorithm is configured to provide all Candidates with an equal opportunity to appear in the paid positions, while also considering the filtering carried out by the Companies.

1.6.6.1. Promotion Credits

The credits necessary for CV Promotion can be acquired in two ways:

  1. They can be purchased for $3.99 per credit;
  2. They can be acquired through the registration of other Candidates using the affiliate link. For each new user, the Candidate will receive one promotion credit.

1.6.7. Credit Utilization

The Promotion Credits can be used to promote a job position in one or more countries.

One (1) Promotion Credit can be used for one (1) job position in one (1) country.

For example, if the Candidate wants to promote their CV as a “welder” for France, they will need one Promotion Credit. However, if they want to promote their CV as a “welder” for France and Germany, they will need two Promotion Credits.

This is also applicable if they want to promote their CV for more job positions. For example, if the Candidate wants to promote their CV as a “welder” and “carpenter” for France, they will need two Promotion Credits.

The promotion period will be 30 days. The candidate holds the right to stop the promotion in one or more countries before the end of the 30-day promotion period, but the Purchase Credits will not be refunded.

Once purchased or earned, the Promotion Credits cannot be exchanged for cash or other benefits outside of the benefits for which they were initially purchased or earned.

1.6.7.1. Credit Purchase

If the Candidate does not have enough Promotion Credits, they will be redirected to a payment link to purchase the credits necessary for the promotion.

1.6.7.2. Affiliation credits

Each Candidate account corresponds to an affiliate code/link. Candidates can promote the code in order to bring other users to the Site. The affiliate code is unique and created specifically for each Candidate.

Strict rules:

  • A new user cannot have more than one affiliate;
  • An affiliate cannot receive more than 1 credit from a newly registered user.
  • A new user cannot generate more than 1 credit for a single affiliate.

1.6.8. Termination of Service

We reserve the right to limit or restrict the sale of our Service to any person, legal entity, geographic region, or jurisdiction for any reason or no reason. In the event that we limit or restrict the sale of our Service, we will notify you using the contact information provided at the time the order was made. Additionally, we reserve the right to modify, suspend, or terminate the service without notice at any time.

VideoWorkers reserves the right to suspend or terminate your access to the Service in the following circumstances: (I) If your payment method fails to accept the charges for the fees owed or you fail to make payment for any fees owed to VideoWorkers and (II) if, in our sole discretion, you fail to comply with any of these Terms and Conditions, our Privacy Policy, or any other Terms defined as applicable or if we have reason to suspect such failure. You have the right to terminate this Agreement if VideoWorkers commits a breach and fails to remedy the breach within a reasonable time frame.

1.7. Billing Information

You acknowledge and agree that VideoWorkers is permitted to bill you for the relevant fees, including any applicable fees and additional charges associated with your usage of the Site, and that you will receive an electronic record of a receipt. VideoWorkers will bill these fees to the credit or debit card specified on your account.

You further acknowledge and agree to provide true, up-to-date, complete, non-fraudulent, and accurate purchase and account details for any transactions conducted on the Site. Furthermore, you commit to keeping your personal data up to date, including, but not limited to, your email address and credit card details, ensuring our ability to successfully complete your transactions.

If for any reason you have a dispute regarding any part of an invoice we send to you, you agree to pay the undisputed portion of the invoice. You also agree to provide written notice of your dispute, including adequate information concerning the nature of the dispute. In the event that the resolution of the dispute is not in your favor, you are obliged to make payment for the disputed amounts.

1.8. Refunds Policy

If you choose to proceed to the cancellation of your subscription or terminate this Agreement, you acknowledge and agree that you may not qualify for a refund, except in the case of an uncured material breach by VideoWorkers, as specified in section no. 1.6.8. – Termination of Service.

If for any reason or no reason VideoWorkers restricts, suspends, or terminates your access to our Services and your personal account, you acknowledge and accept that you will not receive a refund for any pre-paid fees, unless otherwise specified by the law in your jurisdiction. 

Furthermore, you acknowledge and agree that VideoWorkers is not obligated to provide any refunds for pre-paid fees in the event that the Service fails to meet your expectations. We do not guarantee that the quality of any services or information purchased or obtained through the Website will meet your expectations. Additionally, we do not warrant that any errors in the freely obtained or purchased services will be corrected. 

VideoWorkers is under no obligation to reimburse or refund any Candidate or Company/Agency for fees associated with recruitment processes or any expenses related to obtaining work visas, work permits, residence permits, or any legal requirements for candidates to work and reside in the country where the employer is located.

However, under the regulations that apply in your jurisdiction, you might be eligible for a refund. 

For example, EU citizens who use the Service for themselves (and not on behalf of a business) have a 14-day cooling-off period to cancel their subscription and receive a full refund. This 14-day period begins upon the initiation of the subscription service. 

Should you have made a purchase through a Single Euro Payments Area (SEPA) direct debit, you hold the right to request a refund from your bank in accordance with the stipulations outlined in your agreement with the bank. This will be done on a no-questions-asked basis. To initiate a refund for a SEPA direct debit, you must submit your claim within an 8-week timeframe beginning from the date on which your account was debited. 

1.9. Disclaimer & Limitation of Liability

The disclaimers and limitations of liability stated in this section are applicable to the fullest extent permitted by the relevant law. Do note that nothing in this section is intended to limit any of your rights that cannot be legally limited.

By using the Service, you expressly acknowledge and agree that any risks associated with its use or any inability to use it are solely your responsibility.

The service and all products and services provided to you are delivered “as is” and “as available” for your use unless expressly stated otherwise by us. This means that there are no representations, warranties, or conditions of any kind, whether expressed or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant that your utilization of the Service will be continuous, timely, secure, or devoid of errors and do not guarantee the accuracy or dependability of the outcomes that may derive from using the Service. We do not provide any warranties against viruses, spyware, or malware that may be installed on your computer.

VideoWorkers reserves the right, in its sole discretion, to review, modify, improve, or discontinue, temporarily or permanently, the services and/or any features, information, materials, or Content, with or without notice to you. You agree that VideoWorkers will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.

VideoWorkers assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information available on the Site or through the Service, including any Content you submit, send, view, or receive on the Site or through the Service.

Your interactions with other Users are solely your responsibility, and we are not accountable for their activities, omissions, or any other conduct, whether it occurs online or offline. We are not liable for any incorrect, inaccurate, untruthful, or unlawful content (including User Content available in Candidates’ profiles) provided on the Site or through the Service, whether by Users or by any associated equipment or programming used in the Services.

You agree and acknowledge that VideoWorkers is not directly involved in the actual transaction between Companies/Agencies and Candidates. This means that we have no control over the quality, safety, or legality of jobs offered to Candidates via the Service. VideoWorkers will not be held accountable for any employment decisions made by any party in relation to the Service.
Additionally, you agree and acknowledge that under no circumstances shall our directors, officers, employees, agents, contractors, affiliates, interns, service providers, suppliers, licensors, or any party associated with VideoWorkers be held liable for any injury, loss, claim, or any direct, indirect, special, exemplary, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of reputation, replacement costs, damages resulting from personal or bodily injury or emotional distress, or any similar damages arising from or in connection with the Site, the Service, or the Content.

We assume no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, unauthorized access, or alteration of any communication with Companies, Agencies, or other users.

The aforementioned damages may arrive from situations such as (I) the use or inability to use the Site and/or the Service, including the termination or suspension of your access to the services or site, or the termination or suspension of your account, (II) statements or conduct of any other party on the Site and/or Service, (III) any deletions or modifications of content you or a third party provided on the Site or through the Service, (IV) technical problems on the Internet, the Services, or any combination thereof, (V) any other matter related to the Site and/or Service, whether based on warranty, copyright, contract, tort (including negligence), strict liability, or otherwise, resulting from your utilization of the Site or Service, or for any other claim associated with your use of the Site or Service including, but not limited to, any errors or omissions in any content, or any loss or damage incurred as a consequence of using the Service or accessing any content posted, transmitted, or made available via the Service, regardless of whether you were informed of the potential occurrence of such damages.

In certain states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability will be restricted to the fullest extent allowed by law.

1.10. Prohibited Uses

In addition to other prohibited uses, as set forth in these Terms and Conditions, you are prohibited from using the Site or its Content to:

  • Engage in any unlawful, obscene, or immoral activity;
  • Solicit others to engage in unlawful activities;
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • Violate any regulations, laws, rules, or ordinances at the international, provincial, federal, or state level;
  • Violate our intellectual property rights or the intellectual property rights of others;
  • Provide false, untruthful, or misleading information;
  • Engage in harassment, abuse, insults, harm, defamation, discrimination, or any form of negative treatment based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • Collect or track the personal information of others;
  • Upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Site and or/Service or any other websites, or the Internet;
  • Frame or mirror any part of the Site without our prior written consent;
  • Engage in spamming, phishing, data crawling, or any other deceitful practices;
  • Interfere with or circumvent the security features of the Service or any other websites, or the Internet;
  • Use any false or inaccurate information for purposes of registering as a user of the Site;
  • Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site;
  • Engage in any activity that unreasonably or disproportionately burdens our infrastructure or may cause harm or disruption on the Site.

The above list of prohibited uses serves as examples and is not exhaustive or exclusive. We retain the right to limit or terminate your ability to post to the Site or access the Service for any reason or no reason, or for any action that we determine, in our sole discretion, is inappropriate, unlawful, or disruptive to the Site or any of its Users.

We also reserve the right to report any potentially illegal actions to law enforcement authorities or cooperate with law enforcement authorities in investigations of alleged illegal activities on the Site or the Internet.

1.11. Intellectual Property Rights

The trademarks, names, and logos found on the Website belong to their respective owners. Unless stated otherwise in these Terms and Conditions, the Website and all Content and visual elements displayed, such as source code, databases, functionality, software, documents, design, text, services, graphics, images (the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”) are the exclusive property of VideoWorkers.

The Content and Marks are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws of Romania, international copyright laws, and international conventions.

The Content and the Marks are displayed on the Website “as is” solely for your information and personal use. Unless explicitly stated in these Terms and Conditions, no part of the Website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you meet the eligibility criteria to use the Website, you are granted a limited license to access and utilize the Website, as well as download or print a portion of the Content for your personal, non-commercial use. We retain all rights that are not explicitly granted to you regarding the Website, Content, and Marks.

1.12. Indemnification

You agree to indemnify, defend and hold harmless VideoWorkers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any loss, damage, liability, claim, or demand, including attorneys’ fees and costs of defense, made by any third party due to or arising out of your breach of these Terms and Conditions, or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Despite what was previously stated, we retain the right to assume, at your expense, the exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to inform you of any claim, action, or legal proceeding that falls under this indemnification once we become aware of it.

1.13. Severability

In the event that any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, it will still be enforceable to the maximum extent permitted by applicable law.

The unenforceable part will be considered severed from these Terms and Conditions, and such determination will not impact the validity and enforceability of the remaining provisions.

1.14. Governing Law

These Terms and Conditions are governed by and interpreted in accordance with the laws of Romania. The use of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.

If your habitual residence is in the EU, you also benefit from the mandatory legal protections of your country of residence. VideoWorkers and you both agree to submit to the non-exclusive jurisdiction of the courts in Bucharest. This means that if you are a consumer, you have the right to assert your consumer protection rights in Romania or the EU country where you reside.

1.15. Errors, Inaccuracies & Omissions

Occasionally, there might be information on the Website or in the Service that includes typographical errors, inaccuracies, or omissions related to pricing, promotions, offers, work visa and permit administrative procedures as well as other information related to immigration law and procedures.

All the information related to immigration law and procedures, including, but not limited to, work visa and permit application process, legal requirements, and administrative fees is for informational purposes only, and it is no way to be construed as professional legal advice.

We cannot guarantee the accuracy, completeness, or authenticity of such information. It remains your sole responsibility to seek professional legal advice in situations involving immigration matters. VideoWorkers, or any of the immigration firms and attorneys that are named on the Website, shall not be held responsible for any losses that may occur as a result of relying upon the information provided on the Website. We explicitly disclaim, to the maximum extent permitted by the applicable law, any and all liability concerning actions or omissions made by Users based on such information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Website or in the Service is inaccurate, without your prior notice. Nevertheless, we are not obliged to update, amend, or clarify information on the Website or in the Service including without limitation, pricing information, except as required by law.

The absence of a specified update or refresh date on the Website or in the Service should not be construed as an indication that all information on the Website or in the Service has been modified or updated.

1.16. Email & Other Electronic Communications

By accessing and utilizing our Website and the Service, creating a User profile, or sending an email to us, you explicitly consent to receive electronic communications through email or other electronic communication methods.

The electronic communications you receive may contain details about the Service, updates on Website features, notifications regarding applicable fees and charges, transactional information, and other relevant information pertaining to the Website and/or Service.

You acknowledge and agree that all communications we transmit to you electronically, whether via mail or other electronic communication means, fulfill any legal requirement for written communication.

Additionally, you acknowledge and agree that any email or electronic communication you receive from us does not establish a contractual relationship, and the use of our Website or acceptance of these Terms and Conditions does not create a partnership between you and VideoWorkers.

1.17. Force Majeure

Unforeseeable events beyond the control of VideoWorkers, which are not reasonably anticipated, shall be considered force majeure. As a result, VideoWorkers is released from any obligations to fulfill contractual agreements.

Examples of force majeure events include government actions or omissions, government decisions adversely impacting the market and products, conflicts, sabotage, embargoes, new or amended legislation, fires or floods, accidents, wars, or natural disasters.

1.18. Contact Us

If you have any questions about these Terms and Conditions or otherwise need to contact VideoWorkers for any reason, you can reach us at support@videoworkers.com.

2. Additional Terms and Conditions for Candidates

2.1. Profiles & Resumes

By using the Service to create a profile and resume on the Website, you acknowledge and agree that a VideoWorkers account will be created for you. Additionally, you acknowledge and agree that VideoWorkers will make available your profile and resume on the Website and to third parties such as Companies and Agencies.

Your profile information and resume will be accessible for searching and viewing by Companies and Agencies authorized to access our Candidate Database (“Candidate Database”). Companies and Agencies also have the option to download your resume in PDF format, excluding the video presentation showcasing your skills, which is not available for download. Your Contact Details including, but not limited to, your email address and phone number (“Contact Details”), to the extent provided in your resume, will be accessible only to Companies/Agencies extending a Job Offer to you.

While this is not a mandatory requirement, we are encouraging all candidates to record and upload to the Website a demo video highlighting their skills and expertise. Nevertheless, you understand that uploading your resume and skills video on the Website does not guarantee that you will receive a Job Offer (“Job Offer”), be invited to an interview, or get hired. We do not promise a specific number of Job Offers per day or month. Job Offers are sent by Companies and Agencies based on the availability of jobs and your profile alignment with their selection criteria.

Do note that any information that you submit through the Website, including your resume, personal data, and video skills, is subject to these Terms and Conditions and Privacy Policy.

We assume no responsibility and disclaim all liability for the resume, candidate video, candidate information, or any information you post, send, or receive through the Website. As a Candidate, it is your responsibility to review your profile and resume and ensure it contains accurate and complete information.

2.2. Job Offers

Upon uploading your resume to the Website, you acknowledge and understand that you may be presented with employment opportunities from Companies and Agencies. As a Candidate, it remains within your discretion to accept or decline such offers.

If you choose to accept a Job Offer, you acknowledge and understand that VideoWorkers will provide the third party responsible for extending the offer with your Contact Details. Once we provide a Company or Agency with your Contact Details, we have no control over their use or disclosure of your personal data. We cannot guarantee that the personal data you provide will be held in confidence or properly secured by the third-party. Should you wish to request the deletion, modification, or confidentiality maintenance of any such information, you must directly communicate your request to the Company or Agency.

Additionally, you acknowledge and understand that Job Offers from Companies and Agencies are provided by third parties over whom VideoWorkers has no control. We assume no responsibility and disclaim all liability for the legality, reliability, or availability of jobs. VideoWorkers has no obligation to screen, process, or analyze any Job Offers or to verify their legality and reliability.

By using VideoWorkers, you acknowledge and agree that we are not responsible for the content of the Job Offer or the recruiting and/or hiring process, including, but not limited to, job interviews, skill assessments, messages, questions as well as their format or method of delivery.

In the event that you accept a Job Offer, VideoWorkers has no obligation to sponsor the hiring process or to provide you with any support in the form of legal advice or financial support for immigration procedures and relocation. These matters are solely between you and the Company or Agency extending the Job Offer.

We assume no responsibility in the event that a Job Offer does not meet your expectations and have no obligation to verify or analyze the employment conditions or health and safety measures implemented by the Company or Agency for you as a Candidate or after your employment.

Please be advised that when a Company or Agency extends a Job Offer, it is customary for them to expect a response from you within a specified time frame. VideoWorkers has no responsibility for Job Offers that may no longer be available if your response is delayed.

2.3. Job Ads

VideoWorkers may make available Job Ads and other job-related content. Job Ads are created and provided by third parties we exercise no control.

By using our Service, you acknowledge and consent that VideoWorkers has no control over the content of Job Ads, links associated with the Job Ads, or any terms that third parties may enforce once a Candidate responds to a Job Ad.

We hold no responsibility if any of these third parties attempt to charge you a fee to apply for a specific position. We have no obligation to screen any Job Ads or verify their accuracy, legality, or reliability. VideoWorkers bears no responsibility and hereby disclaims all liability for the accuracy, completeness, legality, reliability, or availability of any Job Ads or other job-related content.

2.4. Interactions with Companies & Agencies

As a Candidate, you are solely responsible for your interactions with Companies and Agencies who contact you. When interacting with strangers, there are risks, including, but not limited to, the risk of interacting with Companies and Agencies that misrepresent job opportunities, exploit foreign workers by subjecting them to unfair labor practices, poor working conditions, or even human trafficking.

You should use caution with regard to the Contact Details and personal data you choose to share in your resume and research the reputation and legitimacy of the Company or Agency extending the Job Offer before engaging with them. You bear full responsibility for conducting your own due diligence on Companies and Agencies extending you a Job Offer.

VideoWorkers acknowledges that slavery, forced labor, and human trafficking in any form are a crime and violation of human rights, and is fully committed to the practice of eliminating any form of human rights abuses. We maintain a zero-tolerance approach towards any form of modern slavery and human trafficking, rejecting any involvement or association with such activities. We explicitly declare that we bear no responsibility for any involvement in or association with human trafficking or other human rights violations that may occur during or as a result of the employment relationship.

You can learn more about our Anti-Slavery and Human Trafficking Commitment by visiting the following page: https://videoworkers.com/anti-slavery.

As mentioned in section 2.2. – Job Offers, VideoWorkers does not guarantee that a Job Offer is adequate, legitimate, or real. Companies and Agencies are solely responsible for compliance with all applicable laws, including anti-discrimination laws, anti-trafficking laws, and data protection/privacy laws.

3. Additional Terms and Conditions for Companies & Agencies

3.1. Company & Agency Accounts

When you create a VideoWorkers account as a Company or Agency, you will be required to submit a list of documents to verify your identity. These documents include but are not limited to, the Company deed of incorporation, extract from commercial register, and personal identification documents of the Company’s/Agency’s authorized representative.

By using VideoWorkers to search for candidates, you are agreeing to share your identification and identity with us. We assume sole responsibility for any utilization or potential loss of the data you provide.

As a Company or Agency, your account is intended solely for business purposes and not for personal purposes. It is strictly prohibited to use your Company or Agency account on behalf of any other Company or Agency, even in cases where an authorized representative transitions to a different organization.

VideoWorkers does not offer the option to link multiple users to the same Company/Agency account and provide them with different levels of access and functionality. You bear full responsibility for all actions, omissions, and activities carried out by any individual or entity that can access the Service through your account. It is your responsibility to restrict access to the Services to the number of users permitted under your chosen Subscription Plan.

3.2. Job Ads Content and Publication Rules

By publishing a Job Ad, you affirm your commitment to adhere to all relevant employment and privacy laws in your jurisdiction. Furthermore, you warrant that you possess all the required rights to authorize VideoWorkers to publish and utilize the Job Ads in accordance with these Terms and Conditions.

Additionally, you warrant that the Job Ads you publish do not contain any false, inaccurate, or misleading information, promote or sell any products or services, require the Candidate to provide sensitive information (pursuant to our Privacy Policy), contain hidden keywords not related to the position that is advertised, require applicants a fee to apply, include links to any of VideoWorkers’ competitors, or violate any of these Terms and Conditions.

You acknowledge and agree that the distribution of your Job Ads through our platform will not violate any applicable laws and any rights of third parties including, but not limited to, copyright infringement or any other infringement of proprietary rights, defamation, or false advertising.

VideoWorkers prohibits discrimination in job ads based on characteristics such as gender, age, race, religion, ethnicity, sexual orientation, disability, and other characteristics protected by law. Should you come across a Job Ad that you suspect includes discriminatory content, you have the option to report it by contacting us at support@videoworkers.com. If the Job Ads you report are found to contravene these Terms and Conditions, we will take measures to remove them. However, do note that in jurisdictions where it is legally permitted, we might allow certain preferences and language used in Job Ads if it shows an interest for individuals from historically marginalized groups. 

You agree that you bear sole responsibility for any liabilities arising from the publication of Job Ads or materials linked through such Job Ads.

Furthermore, you agree that VideoWorkers retains the right to refuse or decline the acceptance and publication of your Job Ads. While we endeavor to facilitate the delivery of your Job Ads over the Internet and our platform, we cannot provide an absolute guarantee of their successful delivery. Consequently, VideoWorkers and its affiliates bear no liability to you or any third party if your Job Ad fails to be published or delivered as intended.

Additionally, VideoWorkers does not make any assurances concerning the quantity or caliber of candidates you may receive in response to your Job Ad. We cannot warrant that you will find suitable candidates for the advertised position.

3.3. Candidate Database

Under your Company or Agency account, you’ll get a free, limited, revocable, non-transferable, non-sublicensable, and non-exclusive right to access VideoWorkers’s Candidate Database.

This right is granted solely for the purposes of seeking suitable Candidates in our Candidate Database and viewing resumes and video presentations showcasing Candidates’ skills.

You also have the option to download the Candidates’ profiles in a PDF file, but you are not permitted to download the video presentation of their skills. You are prohibited from using or accessing the Candidate Database for any other purpose.

We do not provide any assurances or guarantees concerning the User Content produced by Candidates, including their profiles and video presentations of their skills. We have no obligation to screen, verify, or validate the accuracy of the User Content included in Candidates’ profiles. You are solely responsible for exercising due diligence in evaluating the accuracy, truthfulness, and completeness of Candidates’ profiles. We cannot guarantee any specific response to your Job Offers, nor can we guarantee that the Candidates to whom you send a Job Offer will meet your expectations and requirements or have the required qualifications.

Additionally, if you wish to interview a Candidate after receiving their application for a Job Ad you posted or sending them a Job Offer, it is your responsibility to follow up with the Candidate to ensure they are aware of the interview. It is not advisable to rely solely on notifications through VideoWorkers for this purpose. It is also your responsibility to ensure that your Job Offer is in compliance with the applicable law.

By utilizing the Service, you acknowledge and consent that access to Candidates’ Contact Details is permitted solely upon extending a Job Offer. In the absence of a Job Offer, you are granted the ability to review the Candidate’s resume and video presentation of their skills, while the viewing of their Contact Details remains restricted.

You further acknowledge and understand that, if a Candidate opts out of the Candidate Database at any time, we reserve the right to block access to and/or remove the Candidate’s resume and video presentation of their skills from the Candidate Database.

By using the Service, you acknowledge that we do not verify the nature of any telephone number provided in a Candidate’s profile as either a landline or a cell phone. It is your responsibility to ensure that all communication with the Candidates whose contact details you have obtained complies with relevant laws governing telephone calls, SMS, automated dialing, and unsolicited communications.

3.4. Candidate Data Protection

You agree to utilize the Candidate Database and Candidates’ Contact details you have obtained in compliance with relevant privacy and data protection laws. You are strictly prohibited from disclosing Candidates’ personal data and Contact Details to any unauthorized third party or using such data and Contact Details to send unsolicited mail, phone calls, SMS, emails, or any unsolicited communications to advertise your own or third-party products or services or source Candidates for career fairs.

You bear full responsibility for your interactions with the Candidates, including, but not limited to, the content contained in your emails, any Job Offers you make, or any interview questions. You acknowledge and agree that VideoWorkers is not accountable for such content and expressly disclaims any liability related to it, including its legality.

You agree to implement adequate measures to safeguard Candidates’ personal data and Contact Details against loss, disclosure, misuse, alteration, unauthorized access, or destruction. In the event of any suspected or actual unauthorized access or disclosure of Candidates’ personal data and Contact Details, you will promptly notify VideoWorkers.