Company reserves the right at any time to:
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES ON THIS WEBSITE, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD.
3. Code of Conduct. While using the Website and/or Materials you agree not to:
While using the Website or Materials, you agree to comply with all applicable laws, rules and regulations.
Any dealings with third parties, such as market research companies, focus group facilities, employers, sponsors, advertisers, included within or on the Website or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Company is neither responsible nor liable for any part of such dealings or promotions. Any reference to any market research company, focus group facility, employer, sponsor, advertiser or any other third party on the Website does not constitute an endorsement or recommendation of such third party by Company or any of its employees, officers, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Company encourages you to conduct your own research and due diligence in deciding whether or not to use any of the services provided by any of the third parties listed or provided by the Website. While Company works to ensure the information on the Website is current and accurate, Company does not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.
6. Forums & Submissions. Please note that, because we (and our designees) may host message boards and other forums found on the Website, including, but not limited to, a job board, (collectively, the "Forums") and, therefore, redistribute materials you give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us photos, graphics, creative suggestions, ideas, notes, concepts, information, resumes or other materials (collectively, "Submissions") or by posting such Submissions to any area of the Website (including the Forums), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third persons or parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and may not reflect the opinion(s) of Company. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Website. We have no obligation to monitor the Website or the Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Website or the Forums.
You hereby agree and acknowledge that no Submission or contribution you make to the Website or a Forum will contain: (1) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, contains any nudity or is otherwise objectionable, contains images or information about persons other than yourself or infringes our or any third party's intellectual property or other rights; (2) any material, non-public information about companies without the authorization to do so; (3) any trade secret of any third party; or (4) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communications (except as otherwise expressly permitted by us).
7. Compliance with Applicable Laws. Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
9. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright (for example, materials posted by Company on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Website; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Company against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices pursuant to this Section 9 should be sent to our Copyright Agent for Notice of claims of copyright infringement at:
New York AMA Communication Services, Inc.
116 East 27th Street, Sixth Floor
New York, NY 10016
Attn: DMCA Agent
By Telephone: (212) 849-2752 or Toll Free at: (800) 792-9202
By Facsimile: (212) 202-7920
By E-mail: firstname.lastname@example.org
Our Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section 9.
ALL OTHER INQUIRIES DIRECTED TO OUR COPYRIGHT AGENT WILL NOT BE ANSWERED.
13. Jurisdictional Issues. The Website is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any software on the Website is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Website and/or the provision of any service, program, contest, sweepstakes, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, contest, sweepstakes, film or other product that we provide.
20. Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2008 New York AMA Communication Services, Inc.
All Rights Reserved.
Updated: January 9, 2008