Terms Of Use

AGREEMENT BETWEEN USER AND DIVERSELINK

The DiverseLink Web Site is comprised of various Web pages operated by DiversePoint, Inc.

The DiverseLink Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DiverseLink Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

DiverseLink may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used in these Terms refer to all individuals and/or entities accessing the Services for any reason. The term "post" as used herein means information that You submit, publish or display on any website associated with the Services.

DiverseLink reserves the right to change the terms, conditions, and notices under which the DiverseLink Web Site is offered, including but not limited to the charges associated with the use of the DiverseLink Web Site.

LINKS TO THIRD PARTY SITES

The DiverseLink Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of DiverseLink and DiverseLink is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DiverseLink is not responsible for webcasting or any other form of transmission received from any Linked Site. DiverseLink is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DiverseLink of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the DiverseLink Web Site, you warrant to DiverseLink that you will not use the DiverseLink Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the DiverseLink Web Site in any manner which could damage, disable, overburden, or impair the DiverseLink Web Site or interfere with any other party's use and enjoyment of the DiverseLink Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DiverseLink Web Site.

Users are also prohibited from violating or attempting to violate the security of any DiverseLink Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any DiverseLink Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. DiverseLink will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

The job posting and other features of the Services may be used only for lawful purposes by individuals seeking employment and career information or by employers seeking employees.

DiverseLink specifically prohibits any other use of the Services, and all Users agree not to do any of the following: (a) post any internships on any DiverseLink Site for any competitor of DiverseLink or post jobs or other content that contains links to any site competitive with DiverseLink; (b) post jobs for modeling or talent or talent scouting positions on any DiverseLink Site; (c) post or submit to any DiverseLink Site any incomplete, false or inaccurate biographical information or information which is not your own; (d) post on any DiverseLink Site any franchise or pyramid scheme, (e) delete or revise any material posted by any other person or entity; (f) take any action that imposes an unreasonable or disproportionately large load on any DiverseLink Site's infrastructure; (g) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any DiverseLink Site other than the search engine and search functionality available from DiverseLink on any DiverseLink Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (h) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any DiverseLink Site; (i) aggregate, copy or duplicate in any manner any of the DiverseLink Content or information available from any DiverseLink Site, without express written consent from DiverseLink; or (j) frame or link to any DiverseLink Content or information available from any DiverseLink Site.

In order to ensure a safe and effective experience for all of our customers, DiverseLink reserves the right to limit the amount of data that may be accessed by You in any given time period. These limits may be amended in DiverseLink’s sole discretion from time to time, and DiverseLink has no obligation to inform you of any changes in data usage limits.

USE OF COMMUNICATION SERVICES

The DiverseLink Web Site may contain inMail tools, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Users, the public at large or with a group (collectively, "Communication Services").  DiverseLink does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual
  • Display or link to pornographic, indecent or sexually explicit material of any kind;
  • Provide instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
  • Solicit passwords or personal identifying information from other Users
  • Engage in any Anti-Trust activity or communications
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Involve the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

 

DiverseLink has no obligation to monitor the Communication Services. However, DiverseLink reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DiverseLink reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DiverseLink reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DiverseLink's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DiverseLink does not control or endorse the content, messages or information found in any Communication Service and, therefore, DiverseLink specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DiverseLink spokespersons, and their views do not necessarily reflect those of DiverseLink.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO DIVERSELINK OR POSTED AT ANY DIVERSELINKWEB SITE

DiverseLink acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. 

You are solely responsible for your account information, account information or job postings, user or company profiles, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (collectively, "User Content") that You post on any DiverseLink Site or transmit to other Users. You agree that in submitting User Content or otherwise using any DiverseLink Site that you will not impersonate any person, or submit any materials to DiverseLink or the Services that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

DiverseLink does not claim ownership of the materials you provide to DiverseLink (including feedback and suggestions) or post, upload, input or submit to any DiverseLink Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are automatically granting DiverseLink and its affiliated companies an irrevocable, royalty-free, perpetual, fully paid non-exclusive right and permission to use, copy, reproduce,modify, adapt, edit, publish, translate, communicate to the public, publically perform, transmit, publically display, reformat and distribute your Submission (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such contact) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers) in connection with the operation of our Internet businesses, and to publish your name in connection with your Submission.You also permit any User to access, display, view, store and reproduce such User Content for personal or professional use. Subject to the foregoing, the owner of such User Content placed on any DiverseLink Site retains any and all rights that may exist in such User Content.

No compensation will be paid with respect to the use of your Submission, as provided herein. DiverseLink is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DiverseLink's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

However, if you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of DiverseLink. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. DiverseLink shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DIVERSELINKWEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIVERSELINKAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DIVERSELINKWEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DIVERSELINKWEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DIVERSELINKAND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DIVERSELINKWEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DIVERSELINKAND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIVERSELINKAND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DIVERSELINKWEB SITE, WITH THE DELAY OR INABILITY TO USE THE DIVERSELINKWEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DIVERSELINKWEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DIVERSELINKWEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIVERSELINKOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DIVERSELINKWEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIVERSELINKWEB SITE.

SERVICE CONTACT :support@diverselink.com

TERMINATION/ACCESS RESTRICTION

DiverseLink reserves the right, in its sole discretion, to terminate your access to the DiverseLink Web Site and the related services or any portion thereof at any time, without notice.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the DiverseLink Web Site. Use of the DiverseLink Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DiverseLink as a result of this Agreement or use of the DiverseLink Web Site. DiverseLink's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DiverseLink's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DiverseLink Web Site or information provided to or gathered by DiverseLink with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DiverseLink with respect to the DiverseLink Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DiverseLink with respect to the DiverseLink Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the DiverseLink Web Site are: Copyright 2015 by DiverseLink and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.