THIS IS A LEGAL AGREEMENT (the "Agreement") between
you and DISCO International, Ltd. (the "Company"),
the owner of Discointer.co.uk (the "Web Site").
The Agreement states the terms and conditions (the "Terms
and Conditions") under which you may use the Web Site.
Please read the Agreement carefully. If you do not accept
the Terms and Conditions, do not use the Web Site and service.
By using the Web Site, you are indicating your acceptance
to be bound by the Terms and Conditions. The Company may
revise the Terms and Conditions at any time without advance
notice to user by updating the Agreement. You should visit
the Agreement periodically to review the Terms and Conditions,
because they are binding on you. The terms "you"
and "user" as used herein refer to all individuals
and/or entities accessing the Web Site for any reason.
ACCEPTABLE SITE USE.
General Rules: Users may not use the Web Site in order to
transmit, distribute, store or destroy material (a) in violation
of any applicable law or regulation, (b) in a manner that
will infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others,
or (c) that is defamatory, obscene, threatening, abusive
or hateful to other user and/or any other person.
Web Site Security Rules: Users are prohibited from violating
or attempting to violate the security of the Web Site, including,
without limitation, (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 the Web Site, overloading,
"flooding", "spamming", "mailbombing"
or "crashing", (d) sending unsolicited e-mail,
including promotions and/or advertising of products or services.
The Company 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.
SPECIFIC PROHIBITED USES.
The Web Site may be used by individuals only for obtaining
employment/career and related information. The Company specifically
prohibits any use of the Web Site, and all users agree not
to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical
information or any other information which is not your own
accurate resume;
· Posting any franchise, pyramid scheme, "club
membership", distributorship or sales representative
agency arrangement or other business opportunity which requires
an up front or periodic payment, pays commissions only (no
significant salary), requires recruitment of other members,
sub-distributors or sub-agents;
· Deleting, revising or using without permission
any material posted by any other person or entity;
· Using any devise, software or routine to interfere
or attempt to interfere with the proper working of this
Web Site or any activity being conducted on this site;
· Taking any action which imposes an unreasonable
or disproportionately large load on this Web Site's infrastructure;
· Notwithstanding anything to the contrary contained
herein, using or attempting 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 this Web Site other than generally
available third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer); and
· Attempting to decipher, decompile, disassemble
or reverse engineer any of the software comprising or in
any way making up a part of the Web Site.
USER SUBMISSIONS.
As a user, you are responsible for your own communications
and the consequences of their posting. You must not, and
by using this Web Site you agree not to, do the following
things:
· Posting material that is copyrighted, unless
you are the copyright owner or have the permission of the
copyright owner to post it;
· Posting material that reveals trade secrets,
unless you own them or have the permission of the owner;
· Posting material that infringes on any other
intellectual property rights of others or on the privacy
or publicity rights of others;
· Posting material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity;
· Posting a sexually-explicitly image or statement;
posting advertisements or solicitations of business,
· Posting chain letters or pyramid schemes;
impersonating another person; or
· Posting material that contains viruses, worms,
time bombs, cancelbots or other computer programming routines
or engines that have the effect of damaging, detrimentally
interfering with, surreptitiously intercepting or expropriating
any system, data or information.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of 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.
The Company acts as a passive conduit for the online distribution
and publication of user-submitted information and has no
obligation to screen communications or information in advance
and is not responsible for screening or monitoring any material
posted by users. If alleged by a user that certain communications
posted by other user do not conform to the Terms and Conditions,
the Company may investigate the allegation and determine
in good faith and in its sole discretion whether to remove
or request to remove such communications. The Company has
no liability or responsibility to users for performance
or nonperformance of such activities. The Company reserves
the right to expel users and prevent their further access
to the Web Site for violating the Terms and Conditions or
the law, and the right to remove communications which are
abusive, illegal, or disruptive. The Company may take any
action with respect to user-submitted information that it
deems necessary or appropriate in its sole discretion if
it believes it may create liability for the Company or may
cause the Company to lose (in whole or in part) the services
of its ISPs or other suppliers.
By submitting content to any area of the Web Site, you grant
the Company and its affiliates the loyalty-free, perpetual,
irrevocable, sublicenseable (through multiple tiers), non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and
display the content (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term
of any rights, including moral rights in such content, and
have completely and effectively waived all such rights and
validly and irrevocably granted to you the right to grant
the license stated above. You also permit any subscriber
to access, display, view, store and reproduce such content
for personal use. Subject to the foregoing, the owner of
such content placed on the Web Site retains any and all
rights that may exist in such content.
THE COMPANY'S LIABILITY.
This Web Site acts as a venue for employers to post job
opportunities and candidates to post resumes and does not
screen or censor the listings offered. The Company is not
involved in the actual transaction between employers and
candidates. As a result, the Company has no control over
the quality, safety or legality of the jobs or resumes posted,
the truth or accuracy of the listings, the ability of employers
to offer job opportunities to candidates or the ability
of candidates to fill job openings. You assume all risks
associated with dealing with other users with whom you come
in contact through the Web Site.
Because we do not and cannot be involved in user-to-user
dealings or control the behavior of participants on the
Web Site, in the event that you have a dispute with one
or more users, you acknowledge to release the Company (and
our agents and employees) from claims, demands and damages
(actual and consequential, direct and indirect) of every
kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way
connected with such disputes.
We are under no legal obligation to, and generally do not,
control the information provided by other users which is
made available through the Web Site. By its very nature,
other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively
labeled. We expect that you will use caution and common
sense when using this Web Site.
The Material may contain inaccuracies or typographical errors.
The Company makes no representations about the accuracy,
reliability, completeness, or timeliness of the Web Site
or the Material. The use of the Web Site and the Material
is at your own risk. Changes are periodically made to the
Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any resume or material
contained therein placed by you on the Web Site. Employers
are solely responsible for their postings on the Web Site.
The Company is not to be considered to be an employer with
respect to your use of the Web Site and the Company shall
not be responsible for any employment decisions, for whatever
reason made, made by any entity posting jobs on the Web
Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MACHANISMS. IF YOUR
USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY
IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO OTHER SITES.
The Web Site contains links to third party web sites. These
links are provided solely as a convenience to you and not
as an endorsement by the Company of the contents on such
third-party Web sites. The Company is not responsible for
the content of linked third-party sites and does not make
any representations regarding the content or accuracy of
materials on such third party Web sites. If you decide to
access linked third party Web sites, you do so at your own
risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE.
You agree not to resell or assign your rights or obligations
under the Terms and Conditions. You also agree not to make
any unauthorized commercial use of the Web Site.
LIMITATION OF LIABILITY.
The aggregate liability for the Company to you for all claims
arising from the use of the Materials is limited to $100.
CHANGE/TEMPORARY DISCONTINUANCE OF SERVICES
The Company reserves the right to change the services provided
by the Company through the Web Site and to interrupt and
discontinue the services temporarily for a definite period
of time without prior written notice to user.
TERMINATION.
The Company reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but not limited
to, deletion of your postings from this Web Site and immediate
termination of your registration with or ability to access
the Web Site and/or any other services provided to you by
the Company through the Web Site, upon any breach by you
of the Terms and Conditions, if the Company is unable to
verify or authenticate any information you submit to the
Web Site, or when you have not logged on to the Web Site
for more than 12 months.
INDEMNITY.
You agree to defend, indemnify, an hold harmless the Company,
its officers, directors, employees and agents from and against
any claims, actions or demands, including without limitation
reasonable legal and accounting fees, which resulted or
alleged to have resulted from your use of the Web Site and/or
the Material or your breach of the terms of these Terms
and Conditions. The Company shall provide notice to you
promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim,
suit or proceeding.
GENERAL.
The Company makes no claims that the Material may be lawfully
viewed or downloaded outside of the United States. Access
to the Material may not be legal by certain persons or in
certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
The Terms and Conditions are governed by the substantive
laws of the State of New York, without respect to its conflict
of laws principles. Jurisdiction for any claims arising
under this Agreement shall lie exclusively with the state
or federal courts within New York, New York. If any provisions
of the Terms and Conditions are 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 the Terms and Conditions, which shall remain
in full force and effect. No waiver of any term of the Terms
and Conditions shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided
as additional terms of use on particular Web Site pages,
the Terms and Conditions constitute the entire agreement
between you and the Company with respect to use of the Web
Site. No changes to the Terms and Conditions shall be made
except by a revised posting of the Agreement.
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