Terms of Use Agreement Read These Terms of Use Agreement Before
Accessing Website.
Effective Date: This Terms of Use Agreement was last updated
on April 4, 2009.
This Terms of Use Agreement sets forth the standards of use of The
Empty Cube’s website, which is owned, and administered, by Deepdive
Talent Solutions, Inc. By using the theemptycube.com or
http://theemptycube.ning.com
websites(“The Empty Cube sites”) you (the “Member”) agree to these
terms and conditions. If you do not agree to the terms and
conditions of this agreement, you should immediately cease all
usage of this website.
We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being posted
on The Empty Cube sites. Your continued use of The Empty Cube sites
after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended.
1.Description of Service
The Empty Cube sites provide Member with an online community/social
networking forum for the unemployed. These services are powered by
Ning, Inc. an online platform that allows users to create their own
online communities. Ning has its own Terms of Service agreement
which Members should also review since it governs the use of all
online communities hosted on the Ning Platform, including The Empty
Cube sites.
Like most online communities, we anticipate that the majority of
content that appears on The Empty Cube sites is user-generated.
Member must provide (1) all equipment necessary for their own
Internet connection, including computer and modem and (2) provide
for Member’s access to the Internet, and (3) pay any fees related
with such connection.
2. Disclaimer of Warranties
The Empty Cube sites are provided by Deepdive Talent Solution, Inc.
on an “as is” and on an “as available” basis. To the fullest extent
permitted by applicable law, Deepdive Talent Solutions, Inc. makes
no representations or warranties of any kind, express or implied,
regarding the use or the content of The Empty Cube sites in terms
of correctness, accuracy, reliability, or otherwise. Deepdive
Talent Solutions, Inc. shall have no liability for any
interruptions in the use of The Empty Cube sites. Deepdive Talent
Solutions, Inc. disclaims all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is
inapplicable.
3. Limitation of Liability
DEEPFIVE TALENT SOLUTIONS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR DEEPFIVE TALENT SOLUTIONS, INC. SHALL
NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE,
OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE EMPTY CUBE WEB
SITES OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT
LAW, OR OTHERWISE, EVEN IF DEEPFIVE TALENT SOLUTIONS, INC. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Deepdive Talent Solutions,
Inc., its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or
arising out of Member’s use of The Empty Cube sites, the violation
of this Agreement, or infringement by Member, or other user of The
Empty Cube sites using Member’s computer, of any intellectual
property or any other right of any person or entity.
5. Modifications and Interruption to Service
Deepdive Talent Solutions, Inc. reserves the right to modify or
discontinue the Services provided on The Empty Cube sites with or
without notice to the Member. Deepdive Talent Solutions, Inc. shall
not be liable to Member or any third party should Deepdive Talent
Solutions, Inc. exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that Deepdive Talent
Solutions, Inc. does not guarantee continuous, uninterrupted or
secure access to The Empty Cube sites and operation of our websites
may be interfered with or adversely affected by numerous factors or
circumstances outside of our control.
6. Third-Party Sites
The Empty Cube sites include links to other sites on the Internet
that are owned and operated by third parties. You acknowledge that
we are not responsible for the availability of, or the content
located on or through, any third-party site. You should contact the
site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on
such sites. Your use of those third-party sites is subject to the
terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said
privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been
provided by the Vendors or collected from publicly available
sources. Deepdive Talent Solutions, Inc. makes no representations
or warranties as to the accuracy or reliability of any information
provided on The Empty Cube sites.
Deepdive Talent Solutions, Inc. makes no warranties or
representations whatsoever with regard to any product or service
provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any Vendor
shall be at your own risk.
8. Governing Jurisdiction of the Courts
Deepdive Talent Solutions, Inc. is incorporated in the state of
Delaware. As such, we are subject to the laws of the State
Delaware, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no representation
that The Empty Cube sites or other services are appropriate, legal
or available for use in other locations. Accordingly, if you choose
to access our site you agree to do so subject to the internal laws
of the State of Delaware.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member may not use The Empty
Cube sites in any way that violates applicable state, federal, or
international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state,
national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site
design, text, graphics, interfaces, and the selection and
arrangements thereof is ©2009 theemptycube.com, with all rights
reserved, or is the property of Deepdive Talent Solutions, Inc.
and/or third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for
purposes other than those noted above, modification, distribution,
or replication, any form of data extraction or data mining, or
other commercial exploitation of any kind, without prior written
permission of an authorized officer of Deepdive Talent Solutions,
Inc. is strictly prohibited. Members agree that they will not use
any robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of
Deepdive Talent Solutions, Inc.
The Empty CubeTM, theemptycube.comTM, Deepdive Talent Solutions,
Inc.TM, deepdivetalent.com™ , Deepdive DnA Framework TM, and
Deepdive Lifetime Commitment TM are all proprietary marks of
Deepdive Talent Solutions, Inc. Deepdive Talent Solutions, Inc.’s
trademarks may not be used in connection with any product or
service that is not provided by Deepdive Talent Solutions, Inc., in
any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits Deepdive Talent Solutions,
Inc.
All other trademarks displayed on The Empty Cube sites are the
trademarks of their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors. In addition,
such use of trademarks or links to the web sites of Vendors is not
intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with The Empty Cube or Deepdive
Talent Solutions, Inc.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act,
theemptycube.com and
http://theemptycube.ning.com
designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
By Mail:
General Counsel
Deepdive Talent Solutions, Inc.
10480 Little Patuxent Parkway, Suite 400
Columbia, MD 21044
By Email: contact@deepdivetalent.com
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful,
void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by Deepdive Talent Solutions,
Inc., in our sole discretion, to a third party in the event of a
merger or acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a Member.
Member agrees that by accepting this Terms of Use Agreement, Member
is consenting to the use and disclosure of their personally
identifiable information and other practices described in our
Privacy Policy Statement.
