Database License – Terms of Use, Conditions, and Privacy

TERMS OF USE

By subscribing to or downloading data from Custom Databanks, Inc.’s database systems at CustomDatabanks.com, you agree to the terms set forth below. If you do not agree to the terms of this Agreement, do not subscribe to obtain access. You assume responsibility for your use of and results from the use of the data contained on our website.

Usage Limitations Executive Search System™: The website content and the recruiter firm data contained on the website are provided by license for the sole purposes of identifying executive recruiters and personnel agencies to aid in a job hunt or of contacting these firms to list available positions under separate agreement with these individual firms.

Usage Limitations Venture Search System™: The website content and the venture capital/PE firm data contained on the website are provided by license for the sole purposes of identifying firms to aid in a job hunt or of contacting these firms to apply for investment monies and/or advice under separate agreement with these individual firms.

Grant of License: The information contained in the Custom Databanks website is copyrighted and/or contains proprietary information protected by law. All website content and data contained on the website are and will remain the sole property of Custom Databanks, Inc.

In consideration of the Custom Databanks, Inc. subscription payment, Custom Databanks, Inc. as Licensor grants to you, the individual Licensee, a non-exclusive, non-transferable license to use one (1) login access for each single user license purchased. Each downloaded data file may be used by and for one job hunter client only.

In consideration of the Custom Databanks, Inc. one-time-access payment, Custom Databanks, Inc. as Licensor grants to you, the individual Licensee, a non-exclusive, non-transferable license for one resume distribution and/or one data download for one job hunter only. Each downloaded data file may be used by one job hunter only.

Restrictions:

1. Users may not copy any website content or data contained on the website into any machine-readable or printed form except for the purpose described in “usage limitations” section of this agreement
2. Users may not transfer, share or otherwise communicate www.CustomDatabanks.com login information with any other entity;
3. Users may not provide use of the website or data in any commercial or non-commercial service which competes with Custom Databanks’ offerings, including but not limited to the Internet, any computer service business, network, timesharing, or interactive cable television;
4. Users may not make alterations in the data contained on www.CustomDatabanks.com or reverse engineer, de-compile, or disassemble the recruiter data;
5. Users may not grant sublicense, lease or other rights in the software or data to others, unless expressly authorized in writing by Custom Databanks, Inc.;
6. Subscribers, whose subscription price is a function of the number of annual file downloads, are restricted to using one downloaded data file for one job hunting client. i.e. Each data file downloaded may be used for one client only;
7. Subscribers have one (1) month from subscription end to use previously downloaded data files. All other restrictions apply — in particular each downloaded file may be used by and for one client only.
8. Users of the one time download option are restricted to using one downloaded data file by and/or for one job hunting individual.
9. Users may not provide use of the website or its data to any company selling career services to job-hunters, e.g. resume writers, career counselors, outplacement companies;
10. Users may not make verbal or media translations of any documentation;
11. Users may not make modifications for use on non-compatible hardware;
12. Make telecommunications data transmission of data contained therein to other parties.

Term: Your license is effective until terminated. It will also terminate upon conditions set forth elsewhere in the Agreement or if you fail to comply with any terms or conditions stated herein.

Limited warranty: Custom Databanks, Inc., its affiliates, contractors, suppliers and agents make no warranties, express or implied, and specially disclaim any warranty of merchant ability or fitness for a particular purpose.

Custom Databanks, Inc. does not warrant that the functions contained in the www.CustomDatabanks.com website and its data meet your requirements or that the operation of the website will be uninterrupted or error-free. Custom Databanks, Inc. has made every effort to provide accurate data, however, Custom Databanks, Inc. does not represent or warrant that the data herein is complete or free from error. Data are updated on a continuing basis, but frequency is not assured. Custom Databanks, Inc. does not assume any liability to any person or entity for any loss or damage caused by errors or omissions on the data files or by the downloading of the software pursuant to the License, whether such errors or omissions result from negligence, accident or any cause. In no event will Custom Databanks, Inc. be liable to any person or entity for any damages, including any lost profit or wages, lost savings or other incidental or consequential damages arising out of the use or inability to use such program or the data contained therein, even if Custom Databanks, Inc. has been advised of the possibility of such damages, or for any claim by any other party. No endorsement, rating or qualification of any company is implied by its inclusion in the data supplied by this website.

General: You agree that you do not intend to, and will not, ship or transmit (directly or indirectly) any copies of the website, any data contained therein or any technical information contained in the program or its media, or any direct product thereof, to any country or destination prohibited by the United States Government. This Agreement will be governed by the laws of the State of New York, United States.

Before subscribing to or downloading data from this service you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.

Contact Custom Databanks, Inc. if you have any questions concerning this License Agreement.

CONDITIONS

Refund Policy. All sales are final and no refunds are permitted on services or products. No refund shall be granted on products or services not used. All services are considered completed within three months of purchase date. By remitting payment, you acknowledge and accept these terms and conditions in their entirety.

Client agrees to pay Custom Databanks, Inc. the reasonable costs of enforcement for collection if it is necessary for Custom Databanks, Inc.to retain an attorney and/or institute legal proceedings. The laws of the state of New York shall prevail in the enforcement of this contract.

Guarantee. This website is provided “as is” without any representations or warranties, express or implied. Custom Databanks, Inc. makes no representations or warranties in relation to this website or the information and materials provided on this website. In particular, Custom Databanks, Inc. does not guarantee interviews or job offers from use of its data 

Liability. Custom Databanks, Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

1. for any indirect, special or consequential loss; or
2. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

PRIVACY

Your privacy is important to Custom Databanks, Inc. (CDB) and protected by various privacy laws.  The United States (federal and/or state law), Canada, the European Union, and other jurisdictions may have privacy laws that govern your actions with Custom Databanks, Inc.

Europe’s General Data Protection Regulation (GDPR) is a new privacy regulation that takes effect in May 2018. Its purpose is to protect customer’s privacy and make clear the way websites are using your information. Here is information about the personal information that CDB collects, how CDB uses that information, and how CDB is implementing the GDPR‘s principles:

We never share information with any other party for any reason whatsoever– except as you authorize us to do so as part of a resume distribution.

CDB does not collect personally identifying information from visitors to this site unless voluntarily and knowingly submitted by the visitor.  Information provided through your use of this site will only be used to notify you or respond to your requests, or anonymously measure traffic and visitor patterns at this site. This website is hosted by Media Temple which is owned and operated by Go Daddy Operating Company LLC. Media Temple’s privacy polices are here.

Collection and Use of Personal information. Custom Databanks, Inc. collects and uses your resume and cover letter if you order a resume distribution. In addition, CDB collects one-time credit card information to complete the sale via PayPal.

Custom Databanks, Inc. may use your personal/career information to send you marketing communications via email. You may opt out at any time. Simply email us or call to be removed.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Custom Databanks, Inc. may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Custom Databanks, Inc. uses Google Analytics to track where visitors are coming from and which pages they visit. Cookies may be used to help identify interests of the visitor. You can read about Google Analytics policies here. You can read the full version of Google’s privacy policy here.

Website Comments. If you choose to add a comment to any posts published on this site, the name and email address you enter with your comment will be stored, along with your computer’s IP address, the time and date that you submitted the comment. This information is used only to identify you as a contributor to the comment section of the respective blog post and is not passed on by CDB to any third party data processors (although it may be stored and used by Media Temple pursuant to its privacy policies).

Your comments and their associated personal data will remain on this site until the comment or post is removed. You are able at any time to request that it be removed by contacting CDB at the address, email or phone below.

CDB does not knowingly collect any personally identifiable information from any person under the age of 18. If CDB is informed that personally identifiable information has been collected from a person under the age of 18, it will remove such data from its records.

Securing your data. Custom Databanks, Inc. will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.  CDB will store all the personal information you provide on its secure servers. Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers. Custom Databanks, Inc. works with clients across the globe. Career Information that Custom Databanks, Inc. collects may be stored and processed in and transferred between any of the countries in which CDB operates to enable the use of the information in accordance with this privacy policy.  You agree to such cross-border transfers of personal information.

Updating this statement. Custom Databanks, Inc. may update this privacy policy by posting a new version on this website.  You should check this page occasionally to ensure you are familiar with any changes.

Contact Us. If you have any questions about this privacy policy or Custom Databanks, Inc. treatment of your personal information, please write to us:

1. via email to [email protected]
2. via postal mail to 60 Sutton Pl So, #6CS, New York, NY 10022.