ACCEPTANCE OF TERMS
DeltaQuest Media Network of websites (“The FE Network”) is intended for individuals seeking employment, employment industry practitioners, employers, and recruiters.
The FE Network is a property of Delta Quest Media Holding ApS (“DeltaQuest Media”), company registration No. 35859098, Gammel Kongevej 1, 1610 København V, Copenhagen,1610, Denmark.
If you do not accept these TOU or you do not meet or comply with their provisions, you may not use the FE Network or its Services.
This Agreement, which incorporates by reference other provisions applicable to the use of the FE Network, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in the FE Network, sets forth the terms and conditions that apply to the use of the FE Network by the User. By using the FE Network (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use the FE Network is personal to the User and is not transferable to any other person or entity. The User is responsible for all use of the User’s Account (under any screen name or password) and for ensuring that all use of the User’s Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of the User’s password(s), if any.
DeltaQuest Media shall have the right at any time to change or discontinue any aspect or feature of the FE Network, including, but not limited to, content, hours of availability, and equipment needed for access or use.
CHANGE OF TERMS
DeltaQuest Media shall have the right in its sole discretion and at any time to change or modify the TOU applicable to the User’s use of the FE Network, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the FE Network, or by internal FE mail, or by e-mail, or by any other means by which the User obtains notice thereof. Any use of the FE Network by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications, or additions.
DESCRIPTION OF SERVICES AND LICENSE TO USE
Through the FE Network, DeltaQuest Media provides Users with access to a variety of resources, including, but not limited to, job postings, job search, resume database, employment statistics, employment surveys, specialized software, download areas, communication tools, forums, blogs, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
DeltaQuest Media hereby grants a limited, terminable, not exclusive right to Users, who are job seekers, to access and use the FE Network for their personal use seeking employment opportunities for themselves. This authorizes Users, who are job seekers, to access, view, and use materials and services on the FE Network solely for their personal, non-commercial use. You agree that you are solely responsible for the content of any information, material, or documents that you post on the FE Network and any consequences arising from such posting. Your use of the FE Network is a privilege. DeltaQuest Media reserves the right to suspend or terminate that privilege for any reason, at any time, in its sole discretion.
DeltaQuest Media hereby grants a limited, terminable, not exclusive right to Users, who are employment industry practitioners, employers, or recruiters to access and use the FE Network seeking candidates for employment according to their business needs. This authorizes you to view and download a single copy of the material contained on the FE Network solely for your personal use related to searching for and recruiting job candidates. You agree that you are solely responsible for the content of any information, material, or documents that you post on the FE Network and any consequences arising from such posting. DeltaQuest Media reserves the right to suspend or terminate your access and use of the Services, at any time, if DeltaQuest Media determines that you are in breach of these TOU.
The User shall be responsible for obtaining and maintaining all mobile devices, computer hardware, software, and other equipment needed for the access to and the use of the FE Network and all charges related thereto.
The User must be 13 years of age or older to visit or use the FE Network in any manner and, if under the age 18 or the age of majority as that is defined in your jurisdiction, must use the FE Network under the supervision of a parent, legal guardian, or other responsible adult.
The User shall use the FE Network for lawful purposes only. The User shall not post or transmit through the FE Network any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or which, without DeltaQuest Media’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in the discretion of DeltaQuest Media restricts or inhibits any other User from using or enjoying the FE Network will not be permitted. The User shall not use the FE Network to advertise or perform any commercial solicitation including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with DeltaQuest Media.
The FE Network contains copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music, and sound, and the entire contents of the FE Network are copyrighted as a collective work under the applicable copyright laws. DeltaQuest Media owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. The User may download copyrighted material for the User’s personal use only. Except as otherwise expressly permitted under applicable copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of DeltaQuest Media and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. The User acknowledges that they do not acquire any ownership rights by downloading copyrighted material.
The User shall not upload, post, or otherwise make available on the FE Network any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the FE Network, the User automatically grants or warrants that the owner of such material has expressly granted DeltaQuest Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. The User hereby grants DeltaQuest Media the right to edit, copy, publish, and distribute any material made available on the FE Network by the User.
The foregoing provisions of Section 5 are for the benefit of DeltaQuest Media, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions, directly or on its own behalf.
USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, blogs, communities, personal web pages, calendars, photographs, file cabinets, and/or other message or communication facilities designed to enable the User to communicate with others (each a "Communication Service" and collectively "Communication Services"). The User agrees to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using the Communication Services, the User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
- 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, obscene, indecent, or unlawful topic, name, material, or information.
- Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.
- Download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such a manner.
- Falsify or delete any copyright management information such as 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 email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download, or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other User or usage information or any portion thereof.
DeltaQuest Media has no obligation to monitor the Communication Services. However, DeltaQuest Media reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. DeltaQuest Media reserves the right to terminate the User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. DeltaQuest Media reserves the right at all times to disclose any information as it deems 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 sole discretion of DeltaQuest Media.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; the User is responsible for adhering to such limitations if the User downloads the materials.
The User should always use caution when giving out any personally identifiable information in any Communication Services. DeltaQuest Media does not control or endorse the content, messages, or information found in any Communication Services and, therefore, DeltaQuest Media specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User’s participation in any Communication Services. Users are not authorized DeltaQuest Media spokespersons and their views do not necessarily reflect those of DeltaQuest Media.
USER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires the User to open an account, the User must complete the registration process by providing DeltaQuest Media with current, complete, and accurate information as prompted by the applicable registration form. The User will also choose a password and a user name. The User is entirely responsible for maintaining the confidentiality of the User’s password and account. Furthermore, the User is entirely responsible for any and all activities that occur under the User’s account. The User agrees to notify DeltaQuest Media immediately of any unauthorized use of the User’s account or any other breach of security. DeltaQuest Media will not be liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge. However, the User could be held liable for losses incurred by DeltaQuest Media or another party due to someone else using the User’s account or password. The User may not use anyone else’s account at any time, without the permission of the account holder.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THE FE NETWORK
Any software that is made available to use or download from the Services ("Software") is the copyrighted work of DeltaQuest Media and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The User shall be unable to use or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by Users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DELTAQUEST MEDIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, DELTAQUEST MEDIA MAY MAKE AVAILABLE, AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. DELTAQUEST MEDIA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE FE NETWORK
Permission to use Documents (such as white papers, press releases, infographics, datasheets, and FAQs from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS, AND SERVICES AVAILABLE ON THE FE NETWORK
IN NO EVENT SHALL DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MATERIALS PROVIDED TO DELTAQUEST MEDIA OR POSTED AT THE FE NETWORK
DeltaQuest Media does not claim ownership of the materials the User provides on the FE Network (including feedback and suggestions) or posts, uploads, inputs or submits to any Services or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting ("Posting") the User’s Submission, the User grants DeltaQuest Media, its affiliated companies and necessary sub licensees permission to use the User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all DeltaQuest Media Services) including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User’s Submission; to publish the User’s name in connection with the User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of the User’s Submission, as provided herein. DeltaQuest Media is under no obligation to post or use any Submission the User may provide, and DeltaQuest Media may remove any Submission at any time in its sole discretion. By Posting a Submission, the User warrants and represents to own or otherwise control all of the rights to the User’s Submission as described in these TOU including, without limitation, all the rights necessary for the User to provide, post, upload, input, or submit the Submissions.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
DELTAQUEST MEDIA, AMONGST OTHER EMPLOYMENT RELATED SERVICES, OFFERS AN AUTOMATED PLATFORM FOR RECRUITERS OR EMPLOYERS TO POST JOB OPPORTUNITIES AND JOB SEEKERS TO POST THEIR RESUMES AND DOES NOT SCREEN OR CENSOR THE LISTING OFFERED IN ANY WAY. DELTAQUEST MEDIA IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN RECRUITERS OR EMPLOYERS AND JOB SEEKERS. AS A RESULT, DELTAQUEST MEDIA HAS NO CONTROL OVER QUALITY, SAFETY, OR LEGALITY OF THE JOB OR RESUME POSTINGS, THE THRUTHFULNESS OR ACCUARCY OF THE LISTINGS, THE ABILITY OF RECRUITERS OR EMPLOYERS TO OFFER JOB OPPORTUNITIES TO JOB SEEKERS, OR THE ABILITY OF JOB SEEKERS TO FILL JOB OPENINGS.
THE USER EXPRESSLY AGREES THAT USE OF THE FE NETWORK IS AT THE USER’s SOLE RISK. NEITHER DELTAQUEST MEDIA, NOR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, ADVERTISERS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT, REPRESENT, OR GUARANTEE THAT THE FE NETWORK WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FE NETWORK, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE FE NETWORK.
THE FE NETWORK IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT DELTAQUEST MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
IN NO EVENT WILL DELTAQUEST MEDIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE FE NETWORK OR THE DELTAQUEST MEDIA SOFTWARE, BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FE NETWORK. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE FE NETWORK.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSIQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN DELTAQUEST MEDIA’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. DOLLARS 100 IN THE AGGREGATE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DELTAQUEST MEDIA NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE FE NETWORK, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
NEITHER DELTAQUEST MEDIA, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
DUE TO NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT DELTAQUEST MEDIA WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
DELTAQUEST MEDIA WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE, AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
LINKS TO THIRD PARTY SITES
THE FE NETWORK MAY CONTAIN LINKS TO THIRD PARTY WEB SITES. SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF DELTAQUEST MEDIA AND DELTAQUEST MEDIA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DELTAQUEST MEDIA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DELTAQUEST MEDIA IS PROVIDING THESE LINKS TO USERS ONLY AS A CONVENIENCE AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DELTAQUEST MEDIA OF THE SITE.
DeltaQuest Media is a distributor (and not a publisher) of content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users, or any other user of the FE Network, are those of the respective author(s) or distributor(s) and not of DeltaQuest Media. Neither DeltaQuest Media nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the FE Network represents the opinions and judgments of the respective information provider, User, or other user not under contract with DeltaQuest Media. DeltaQuest Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the FE Network by anyone other than authorized DeltaQuest Media employee spokespersons while acting in their official capacities. Under no circumstances will DeltaQuest Media be liable for any loss or damage caused by a User’s reliance on information obtained through the FE Network. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through DeltaQuest Media. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
UNSOLICITED IDEA SUBMISSION POLICY
DELTAQUEST MEDIA OR ANY OF ITS EMPLOYEES DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PRODUCTS OR MARKETING STRATEGIES OF DELTAQUEST MEDIA MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DELTAQUEST MEDIA, SO, PLEASE DO NOT SEND ANY UNSOLICITED IDEAS TO DELTAQUEST MEDIA OR ANYONE AT DELTAQUEST MEDIA. IF, DESPITE OUR REQUEST THAT YOU DO NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT DELTAQUEST MEDIA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
DeltaQuest Media shall have the right, but not the obligation to monitor the content of the FE Network including chat rooms, blogs, and forums to determine compliance with this Agreement and any operating rules established by DeltaQuest Media and to satisfy any law, regulation, or authorized government request. DeltaQuest Media shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the FE Network. Without limiting the foregoing, DeltaQuest Media shall have the right to remove any material that DeltaQuest Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The User agrees to defend, indemnify, and hold harmless DeltaQuest Media, its shareholders, subsidiaries, affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses including legal and attorney fees arising out of the use of the FE Network by the User or the User’s Account.
FindEmployment and its logos are registered trademarks of the DeltaQuest Media. All rights reserved. All other trademarks appearing on FE Network are the property of their respective owners.
THIRD PARTY TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people, and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
This Agreement shall remain in full force and effect while you are a User of the FE Network. DeltaQuest Media may terminate this Agreement at any time. Without limiting the foregoing, DeltaQuest Media shall have the right to immediately terminate the User’s Account in the event of any conduct by the User which DeltaQuest Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.
These TOU and any operating rules for the FE Network established by DeltaQuest Media constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of England and Wales, without regard to its conflict of laws rules. All disputes arising in connection with this Agreement shall be submitted to the exclusive jurisdiction of the English Courts. If any provision of these TOU is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOU which shall remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. In addition, DeltaQuest Media’s failure to enforce any term of these TOU shall not be deemed as a waiver of such terms or otherwise affect DeltaQuest Media’s ability to enforce such terms at any point in the future.
The section headings used herein are for convenience only and shall not be given any legal importance.