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Terms of Service
Updated: October 2008 Thank you for registering on Recruitment Community Europe (RCE), a free online service for creating and participating in your own Social Networks and communities.
These terms of service covers your use of the RCE service for creating and enjoying Social Networks and Communities (hereafter referred to as Social Networks) on the RCE Platform.
By registering with RCE, creating, or using Social Networks built on RCE, Inc. (“RCE” or “us”), you are agreeing to these terms of service (“Terms of Service” or “Terms”). Description & Definitions
RCE offers a platform for creating your own Social Networks and communities (“Platform”).
Social Networks or Networks are comprised of Code and Content. Networks are created by Users or by us and provided, through the use of the RCE Platform, for Users to connect with other Users online. Social Networks include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others. Users
are people who register on RCE to create, find, visit, use, and contribute to one or more Networks, which can include posting Content or responding to Content. Network Creators
are Users who have created a Network on the RCE Platform. Code
is the source code (e.g., HTML or PHP code) used to provide the functionality behind Social Networks on the RCE Platform. Code may be contributed by us, developed by a User, provided by another User, or any combination of the three. Public Code is Code that all Users may copy, modify, and use in other Networks. Private Code is Code for a Network that Users (other than the Network Creator of that Network) are not allowed to view, copy, or modify; the applicable Network Creator may, through a premium service, designate the Network's Code as Private Code. Content
means any work of authorship (other than the Code and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the RCE Platform or through any Network. Users upload Content to Social Networks. Social Networks, in turn, control Content. If the Network Creator designates the Network as private, any Content submitted to that Network will be deemed to be Private Content. Private Content is licensed for use only within the Network into which it is posted. Public Content is available in the Network in which it is posted, other Networks, as well as the RCE bar, which we'll get to in a moment. Tags
are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned. RCE bar
is the space reserved by us in all Social Networks to provide services to Users of Networks on the RCE Platform. When closed, it occupies the top 30 pixels of every page. When the RCEbar is open, it offers RCE Platform Services for Users, including User registration, a message center, friends and contacts (including the ability to import contacts from third party email services), and a listing of the Networks you are using across the RCE Platform. RCE Platform Services
include, but aren't limited to: single sign-on (via a “RCE ID”) for all Social Networks on the RCE Platform; managing lists of friends and contacts; messaging between Users; importing of contacts who are not Users of RCE; navigation; and search. As a Network Creator, we also offer: User registration; User account management; Secure PHP Sandbox for development; Network management and security; Internal and external APIs; Javascript-compatible markup API, URL command line API for auto-generation of pages; Semi-structured Content Store; Network display, management, and search. Ownership of Content
RCE does not claim any ownership rights in the Content you provide. You, as the Network Creator, own the Content you create and upload (“your Content”). After posting your Content, you continue to retain all ownership rights in such Content and you continue to have the right to use and license your Content in any way you choose.
These Terms of Service includes a number of licenses that are necessary for RCE to make your Network and your Content available through the RCE Platform. For example, without the right to modify Content, RCE would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, RCE could not make the Content available for other Users to view. Licenses to Content
License from You
Your Content remains yours. We claim no ownership interest in the Content you provide on Networks run by RCE on the RCE Platform. However, we also want to encourage sharing of Content between Users and Networks across the RCE Platform. To this end, by uploading Content to a Network in which the Content is designated as Public Content, you grant to RCE and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”). If you upload Content to a Network in which the Content is designated as Private Content, you grant to RCE and all other Users of that Network a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Network (including any RSS feeds and other distribution that is part of such Network) (a “Private Content License”). Unless you expressly state alternative applicable license terms in connection with your Content submission, the Public Content License will apply by default to Public Content and the Private Content License will apply by default to Private Content. We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License. Lastly, if a Network is deleted, the Content associated with that Network may also be deleted at the discretion of the Network Creator. We would encourage you to be sure you are comfortable with this possibility before contributing Content to a Network. License from RCE
RCE grants to you a Creative Commons Attribution License to the Content made available by RCE for which RCE owns the copyrights. In the event of a conflict between the Creative Commons Attribution License and these Terms, these Terms will control. RCE does not grant you any rights to another User's Code or Content. License to use the RCE Platform
During the term of these Terms, RCE grants you a limited, revocable license to use the software underlying and enabling the RCE Platform as required for your use of the Social Networks built on top of it, subject to the terms and conditions of these Terms. Proprietary Rights
Content
You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use.
You agree that all the intellectual property in the RCE Platform, other than the Content you provide, is owned by RCE or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:
a. Modify, distribute, or create derivative works based on the RCE Platform.
b. Run, rent, lease, loan, or sell access to the RCE Platform.
c. Decompile, reverse engineer, or copy the RCE Platform or any Network for which the source code is not provided to you or Code that is marked as Private Code; and
d. Reproduce or distribute any Private Content or Private Code outside the applicable Network. Trademarks
RCE, the RCE Platform and other related graphics, our logo and sub-logos, RCE marks, and trade names used on the RCE Platform are the trademarks of RCE and may not be used without permission. Other trademarks, RCE Platform marks, and trade names that may appear on RCE are the property of their respective owners.
Accounts, Passwords, and Security You must be a registered User to create Networks on the RCE Platform. Networks and their Network Creators, in turn, determine whether Users need to be registered with RCE to contribute Content in that Network. That is up to the discretion of the Network Creator. As a User, you are responsible for keeping your password secure. Names of Social Networks and RCE IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your RCE ID. Content and Interaction
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
Content from other Users or advertisers is made available to you through Social Networks and the RCE Platform. Because RCE does not control such Content, you agree that RCE is not responsible for any such Content, including advertising and information about third party products or services. Your interactions with other Users on the RCE Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.
You agree that RCE is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data (as defined in the Privacy Policy). If there is a dispute between you and any third party (including any User), RCE is under no obligation to become involved.
You release RCE, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the RCE Platform. Premium Services
RCE may offer Premium Services on the RCE Platform. If you choose to sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.
Support and Performance RCE may from time to time provide documentation to assist Network Creators in creating and enhancing their Network(s). As a Network Creator, you are responsible for implementing and maintaining all support for your Network(s). To enable a great experience for all Users on the RCE Platform, you, as a Network Creator, must ensure your Network(s) don't unduly degrade the performance of the RCE Platform. If your Network(s) exceed the quotas and limitations set by RCE (e.g., API calls or bandwidth) or otherwise degrade performance of the RCE Platform or other services in any way, we may suspend your Network(s) at our sole discretion. Acceptable Use and Conduct
You are solely responsible for your conduct, Networks and Content on the RCE Platform.
As a User of RCE's free service, you agree not to include any advertising for anything other than your Network, including ads served via an ad-server service like Google AdSense, in any Network, Code, or Content you provide on RCE. If you pay the applicable fees for the applicable premium service you may include third-party advertisements in your Network. However, RCE will have the option, which RCE may exercise on notice to you, to offer a comparable ad-server service and serve all advertisements on your Network(s). You also agree not to post or make available any Code or Content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include Code or Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL. You also agree not to post, email, or otherwise make available any Network, Code, or Content that:
• Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
• Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
• Impersonates a RCE employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
• Includes personal or identifying information about another person without that person's explicit consent
• Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
• Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
• Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
• Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests
• Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the RCE Platform, or that otherwise negatively affects other Users' ability to use the RCE Platform
• Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the RCE Platform Additionally, you agree not to:
• “Stalk” or otherwise harass anyone
• Collect Personal Data about other Users for commercial or unlawful purposes
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and the RCE Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
• Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on RCE's infrastructure
• Attempt to gain unauthorized access to RCE's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the RCE Platform
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the RCE Platform or any Network Privacy and Spam
You agree to comply with all applicable laws with respect to
i. any collection, use, or disclosure of Personal Data (as that term is defined in the RCE Privacy Policy, and
ii. email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions. You agree to comply with all relevant aspects of the RCE Privacy Policy. You agree not to collect or use Personal Data except as permitted by the RCE Privacy Policy. You agree not to use any Personal Data disclosed to you by RCE for any purpose other than using the RCE Platform or a Network in accordance with these Terms and the Privacy Policy.You agree not to harvest any email addresses from Networks or the RCE Platform for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from, or develop any Networks that are targeted at, children under the age of 13. If RCE provides you, as a Network Creator, Personal Data about other RCE users, you agree to (1) comply with applicable law and RCE's rules (including the Privacy Policy and anti-spam policy) with respect to such Personal Data and (2) to indemnify RCE for your use of such Personal Data.
RCE Platform Policies RCE may establish general polices and limits concerning use of the RCE Platform (“RCE Platform Policies”), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you (as a Network Creator) and to Users on your behalf by RCE, the maximum number of times and duration for which you may access the RCE Platform or Social Networks in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Social Networks or Content. RCE reserves the right to log off or deactivate User accounts that are inactive for an extended period of time. Copyright Infringement by Users
You, as a Network Creator, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by RCE) that specified Content provided by User of a Network that you control infringes that third party's copyrights.. If you do not promptly remove the Content specified in the notice, RCE may remove the Content without any liability to you or to the User that posted such Content.
RCE maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers. Your Account
Term
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if RCE decides, in its sole discretion, to discontinue the RCE Platform.
Deactivating Your Account
You may deactivate your RCE account at any time, for any reason, by following the instructions on RCE.
RCE has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the RCE Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.
Effects of Deactivating An Account
Upon deactivating your account, these Terms terminates and your access rights to the RCE Platform will immediately cease to exist. The Code for the Network(s) associated with your account will be deactivated; however, as previously mentioned, Code may remain on the RCE Platform in other Social Networks that made a copy of your Public Code. For Content you wish to delete from the RCE Platform, you can delete it by going to each of the Social Networks to which you've contributed. RCE is not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from RCE's active servers, it may remain in archives. RCE will have no obligation to refund any fees paid for premium services. Survival
The provisions under the following headings will survive termination of these Terms for any reason: Licenses from You (under heading “Licenses to Code”), License from You (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
Changes to RCE and the RCE Platform
RCE reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the RCE Platform or any part thereof with or without notice. RCE will not be liable to you or to any third party for any modification, suspension or discontinuance of the RCE Platform.
Disclaimer of Warranties YOUR USE OF THE RCE PLATFORM, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE RCE PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RCE AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER RCE NOR ANY USER MAKES ANY WARRANTY THAT THE RCE PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Indemnity
You agree to indemnify, defend, and hold harmless RCE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
a. any Code or Content you submit, post, transmit, or make available through the RCE Platform;
b. your use or misuse of the RCE Platform;
c. your connection to the RCE Platform;
d. your violation of these Terms; or
e. your violation of any rights (including intellectual property rights) of a third party. Limitation of Liability
YOU AGREE THAT RCE SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE RCE PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE RCE PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO RCE BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM. Updates to Terms of Service
These Terms may be updated or changed by RCE from time to time upon RCE's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify RCE to terminate your account.
In addition to these Terms, you will comply with all policies applicable to RCE and the RCE Platform, which policies are (i) either posted in the RCE Platform or provided to you and (ii) incorporated by reference into these Terms.
General
The failure of RCE to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your RCE account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any unauthorized use of any RCE computer system is a violation of these Terms and certain federal and state and internatinal laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the RCE Platform are intended third party beneficiaries of your obligations under these Terms.
RCE may assign these Terms to any successor or purchaser of RCE or all or substantially all of its assets.
These Terms shall be governed by the laws of the United Kingdom, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
These Terms, which incorporate the RCE Privacy Policy and the RCE Policies, constitutes the entire agreement between you and RCE and governs your use of the RCE Platform, superseding any prior agreements (whether written or oral) between you and RCE regarding the subject matter hereof. Contacting RCE
Users with questions about the RCE Privacy Policy and any of the aforementioned statements may contact RCE the following ways:
E-Mail
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Postal
Recrutiment Community Europe LLP
Little Windrush
Salperton
Cheltenham
Gloucestereshire
GL54 4EE
ENGLAND Telephone: Customer Services +44 (0)1451 850811
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