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Terms Of Service
Last updated: February 19, 2014
You do not need to be registered to access the Site or to use the Services, but your use of the Services are still subject to these Terms of Service. As an unregistered user, you will be able to browse most of the Site, search for and read questions and answers, and see the "Top Sourcers" leaderboard of users and certain other content. However, you will not be able to see individual user profiles or, most important, participate as an active user in any feature of the Site.
To become a registered user of the Site, and take advantage of the features accessible to registered users, you must have your own LinkedIn account and must authorize ERE Media to access your LinkedIn data only to obtain your contact information and to create a basic profile. Your authorization to ERE Media to access your LinkedIn account will be manifested by clicking a link [provide link] on the sourcecon.qa registration page. You will be asked to select a password and a user name, which will be your first name or initial and your last name. Pseudonyms are not permitted to be used as user names. ERE Media requires that users use their real names and information on the Site to prevent spam and, most important, to promote accountability and responsibility.
ERE Media reserves the right to refuse registration or to cancel an account at its discretion. You shall be responsible for maintaining the confidentiality of your password. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account. You agree to immediately notify ERE Media of any actual or suspected loss, theft, or unauthorized use of your account or password. ERE Media will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and is in violation of these Terms of Service. By using the Site or the Services, you represent and warrant that you are 13 or older and that you understand, agree to and to abide by all of the terms and conditions of these Terms of Service.
Your License To Access Content On The Site
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of ERE Media, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. You are granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser for non-commercial use only. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these Terms of Service are reserved by ERE Media.
Our License To Use Content You Submit
By submitting, posting or displaying any materials, including questions, comments, suggestions, ideas or other information ("Content") on the Site, you grant ERE Media a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods, now known or later developed.
You agree that this license includes the right for other users of the Site to modify your Content, and for ERE Media to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions regarding use of Content use. Such additional uses by ERE Media or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
By uploading Content to the Site, you warrant, represent and agree that you have the right to grant ERE Media the license described above.
You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
ERE Media reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
Links To And Contents Of Third Party Web Sites
We may provide links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or served by third parties, as a convenience to users of the Site. We not control third-party web sites and are not responsible for the contents of any linked-to, third-party web sites or any link in a linked-to web site. We do not monitor, investigate, check for accuracy, appropriateness, legality, safety, reliability, timeliness, or completeness, or endorse, recommend, or approve any Third Party Site or its contents. We will have no liability to any entity for the content or use of the content, software or third party applications available through such hyperlink. Users leave the Site and access the Third Party Sites and their contents at their own discretion and risk and should be aware that our Terms of Service no longer apply on such Third Party Sites.
You use of the Site and the Services available on the Site is subject to the following acceptable use policies. We may, at our sole discretion, terminate your access to the Site at any time, and block or remove any communications and materials that we in our sole discretion believe may violate these Terms of Service, any applicable law or regulation, or the rights or sensibilities of any third party.
By accessing the Site and/or using the Services you agree that you will not:
- Post on the Site any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
- Post on the Site any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Copy, modify, create a derivative work of, reverse engineer or other attempt to discover any source code of the Site or the Services;
- Post on the Site any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content
- Remove or obscure the copyright notice or other notices displayed in connection with the Content accessible through the Site;
- Post on the Site any Content in the nature of advertising or solicitations for funds, political campaigning, mass mailings, or any form of unsolicited commercial email or "spam;"
- Post on the Site any Content which is off-topic according to the description of the category;
- Disseminate or host harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information;
- Reproduce and/or distribute Content copied from the Site in any way, for any commercial use, without our prior written permission;
- Use any automatic means (including "spiders", "robots", etc.) in order to "scan" the Site and retrieve the information and materials appearing therein.
If you encounter Content posted by users which is in violation of these terms, of any applicable law, or which violates your rights in any manner, please contact us at email@example.com, and we shall take appropriate measures to deal with the violative Content.
You agree to indemnify and hold ERE Media, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) Content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site, (d) your violation of these Terms of Service, or (e) your violation of any rights of another party.
Our Liability For User Content
ERE Media has no responsibility, and assumes no liability, for any Content posted or uploaded by you or any third-party, or for any intellectual property infringements, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Site, we are only a forum and are not liable for any statements, representations, or Content provided by our users. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Site is used to disseminate Content or statements which are unlawful, offensive and/or harmful.
Disclaimer Of Warranties
Your access of the Site and use of the Services or any Content is at your own risk. You understand and agree that the Site and the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ERE Media DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. ERE Media will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access of the Site and use of the Services, or any Content. You also agree that ERE Media has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. ERE Media makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ERE Media or through the Services, will create any warranty not expressly made herein.
Limitation Of Liability
IN NO EVENT SHALL ERE MEDIA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CONTENT OR OTHER INTANGIBLES; DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Termination Of Your Account
You can terminate your account and delete your profile information at any time by sending a request to ERE Media at firstname.lastname@example.org or by postal mail to the address set forth below. We may terminate your account and deny you access to the Site in our sole discretion for any reason including your violation of these Terms of Service. If you use the Site or Services in violation of these Terms of Service, ERE Media may, in its sole discretion, retain all data collected from your use of the Site. You also agree that ERE Media shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
ERE Media respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide our copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Such complaints should be sent to email@example.com or to ERE Media's corporate address set forth below.
ERE Media's Copyrights And Trademarks
All contents of this Site are Copyright © 2014 ERE Media, Inc. The logos, marks, product and service names that appear throughout the Site (the "ERE Media IP") belong to ERE Media and are protected by U.S. and international trademark laws. You agree not to display or use the ERE Media IP in any manner without ERE Media's prior written permission. To seek permission to use any of the ERE Media IP, please contact ERE Media in writing at its corporate address set forth below.
Applicable Law And Disputes
These Terms of Service and the relationship between you and ERE Media are governed by the laws of the State of New York without regard to its conflict of law provisions. You and ERE Media agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York.
Severability Of These Terms Of Service
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms of Service shall continue in full force and effect.
Time Limit For Actions Brought Against ERE Media
Any claim or cause of action arising out of your use of the Site or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ERE Media to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to these Terms of Service or our Site and Services, please contact us at firstname.lastname@example.org or by mail:
ERE Media, Inc.
217 Thompson Street
Suite 202 New York, NY 10012
217 Thompson Street
Suite 202 New York, NY 10012