Terms of Use Agreement • getTalent

LAST UPDATED: February 10, 2016

DICE CAREER SOLUTIONS, INC. (“DICE,” “GETTALENT,” “COMPANY,” “WE,” and “US”) PROVIDES THE GETALENT WEBSITE INCLUDING THE CONTENT AND CODE RELATED THERETO (THE “SITE”) SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.

This Terms of Use Agreement (“Agreement”) governs your acquisition and use of the getTalent services and the Site (collectively, the “Services”), and is made between the Company and you.  By accepting this Agreement, either by executing a Purchase Agreement that references this Agreement or by using the Site, you agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “you” and “your” shall refer to such entities and affiliates.

We reserve the right at any time to:

  • Change the terms and conditions of this Agreement;
  • Change the Services, including eliminating or discontinuing any content on or feature of the Services, restricting the hours of availability or limiting the amount of use permitted; or
  • Change any fees or charges for use of the Services, including instituting new or increased fees or charges for the use of the Services.

Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes.

You must be at least 13 years of age to use the Services.

Ownership; Proprietary Notices

© 1990 – 2016 Dice Career Solutions, Inc. All Rights Reserved.

The Site, including all pages within and all code related thereto, is the property of Dice Career Solutions, Inc. No portion of the materials or code on these pages or anywhere on the Site may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express written permission of the Company.

DICE® is a registered service mark of the Company. The following are trademarks and/or service marks owned by the Company that are not yet registered in the United States: getTalent™, Open Web™, and the Dice and getTalent logos. All other trademarks and/or service marks used in this Site are the trademarks and/or service marks of their respective owners.

The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

Subject to the limited rights expressly granted hereunder, we reserve all of our right, title and interest in and to the Services, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

You have the right to access and use applicable Services subject to the terms of applicable Invoice and this Agreement.

You grant us, our affiliates and applicable contractors a worldwide, limited-term license to host, copy, transmit and display the electronic data and other information submitted by you to us (“Your Information”) as reasonably necessary for us to provide the Services in accordance with this Agreement. Subject to the limited licenses granted herein, we acquire no right, title or interest from you under this Agreement in or to any of Your Information.

Upon request by you made within 30 days after the effective date of termination or expiration of this Agreement or any Purchase Agreement hereunder, we will make Your Information available to you for export or download. After such 30-day period, we will have no obligation to maintain or provide any Your Information, and will thereafter delete or destroy all copies of Your Information in our systems or otherwise in our possession or control, unless prohibited under applicable law.

Warranty Information; Disclaimer

THE SERVICES ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DICE AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NEITHER DICE, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES.

DICE AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THE COMPANY. OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

Some of the information on the Site or available through use of the Services is derived from information which is publicly available on the Internet. As such the Company is not responsible for the accuracy or completeness of such information, and such information is provided “as is.”

The Services provide a talent sourcing management and engagement tool, designed to help organizations easily pipeline and engage candidate leads in the “pre-apply” phase.  The Company is not involved in the actual transaction, if any, between potential employers and candidates. Consequently, we have no control over the ability of employers to hire candidates or the ability of candidates to fill job openings.  Dice assumes no responsibility or liability for any personnel selected by you. Selection, retention or hire of any individual or entity is based solely on your investigation, verification and determination that such hire is suitable for your purposes.

Limitation of Liability

NEITHER DICE NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.

Acknowledgement

The Site may contain links to other web sites operated by third parties, other than affiliates of the Company (“Linked Sites”). We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the Company and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors.

Void Where Prohibited; Indemnification

Although the Site is accessible worldwide, not all Services are available to all persons or in all geographic locations or jurisdictions. We make no representation that the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site 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. The Company reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.

You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Services.

Code of Conduct

While using the Services, you agree not to do any of the following without our prior written authorization:

  • Share passwords, login information or named user identification or otherwise allow multiple offices or users to access the Service on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the Service under express license from the Company.
  • Express or imply that any statements you make are endorsed by us.
  • Impersonate any person or entity, including, without limitation, a getTalent employee or agent, a user of the Services, or otherwise misrepresent your affiliation with any person or entity.
  • Use the Services for any unlawful purposes.
  • Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
  • “Frame” or “mirror” any part of the Site
  • Customer agrees not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without getTalent.com prior written authorization.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.

The Company has no obligation to monitor the Site, including any forum, or any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that the Company has the right (but not the obligation) to monitor the Site and Site-related services, including any forum, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who, in the Company’s sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Services. Such prohibition may occur without notice to the user.

Restricted Rights Legend

Use, duplication or disclosure by the Government is subject to the restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is Dice Career Solutions, Inc., 12150 Meredith Drive, Urbandale, IA 50323.

Making Purchases

If products or services are made available at the Site, and if you wish to license or make purchases of products or services described on the Site, you may be asked by us or the applicable merchant or service provider to supply certain information, including but not limited to credit card or other information. If you submit such information to us, you understand that any such information will be treated by Company in the manner described in our Privacy Policy. You agree that all information that you provide to us or any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement, if any, that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.

Submissions

Because our designees and we host forums found on the Site and elsewhere and, therefore, redistribute materials you give us, we require certain rights in those materials. Therefore, by sending or transmitting to us resources, information, ideas, notes, concepts, trademarks, service marks or other materials (collectively, “Content”), or by posting such Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Site and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.

None of the Content is endorsed by the Company, and the Company cannot and does not make any representations with respect to the truth or reliability of the Content. The Company reserves the right to remove any Content, in whole or in part, from the Site.

Communications between the Company and the users of the Site are not confidential.

Registration; Use of Secure Areas and Passwords

Some areas of the Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Services.

As part of the registration process, your user name will be your email address and you will be asked to select a password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request.  If you are a customer who has reason to believe that your account with us is no longer secure, you must promptly contact Customer Support via email addressed to solutions@gettalent.com. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

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 have a good faith belief that materials hosted by us infringe your copyright, 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 being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site 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 us to locate the material on the Site; (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 against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Dice Career Solutions, Inc., 1040 Avenue of the Americas, New York, NY 10018, (tel) 212-725-6550, (fax) 212-725-9127, Attention: Vice President & General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Miscellaneous

This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.

Legal Notices

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

  • Pricing Information: Current rates for our services may be obtained by calling us at (408) 792-6832 or by sending an e-mail to solutions@gettalent.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
  • Complaints: 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, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.