 TERMS OF USE |
Welcome! You are currently visiting a Shomex web site. In order to help you have a positive experience on our web sites, and ensure that you operate within the guidelines of our web sites and applicable laws, we have created the following terms of use for our sites. Please read the terms and conditions below which govern the use of all of our sites. Shomex web sites (hereinafter referred to as "Sites") are available to users only on the condition that you accept without modification all requirements contained herein. The words "you" and "user" mean any individual and/or entity accessing Shomex Sites. Any and all terms are reserved by Shomex Productions (hereinafter referred to as "Shomex"). Shomex has the right to change these terms, at its sole discretion and at any time. Use of any Shomex Site means that users have read, understand, and agree to all terms, trademarks, copyrights, etc. If you do not agree to the terms of use, please do not use any of Shomex' Sites. The layout, graphics, overall design, operating processes, HTML code and "look" and "feel" of Shomex Sites are the property of Shomex and are protected by U.S. copyright laws and international treaties and may not be copied or used without written authorization from Shomex. All information on Shomex Sites including but not limited to copyrights, trademarks and intellectual property is the property of Shomex, its content suppliers or customers. You may not sell, distribute or make any unauthorized commercial use of the information or any other part of Shomex Sites. Alteration of any graphics, information or code on Shomex Sites is strictly forbidden. Shomex Sites contain links to web sites managed by other parties. Shomex is not responsible for viruses, accurate information, or availability of these sites. Shomex does not assume any responsibility by including links on its Sites. You will in no way violate or attempt to violate the security of Shomex Sites, and you agree not to engage in any activity that affects the normal operation of Shomex Sites. You may not use Shomex Sites in any way that violates local, state, national or international laws, or the terms of use. If you breach the terms of use, Shomex reserves the right at its sole discretion to pursue all of its legal remedies, including, but not limited to, termination of your account and ability to access Shomex Sites, and seek financial compensation. Although Shomex does its best to keep all information accurate, some information on the Sites may include errors, inaccuracies, or out-of-date information. Information is on an as is and available basis. Shomex makes no warranties, express or implied, on the information, functionality, performance or results of usage of any of its Sites. You assume all risk and responsibility for use of Shomex Sites and the Internet. No information provided on Shomex Sites shall modify the terms of use or create any warranty. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SHOMEX, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF OUR SITES. SHOMEX SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING. IN NO EVENT WILL SHOMEX BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDI-RECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF SHOMEX SITES, OR ON ANY WEB SITE LINKED TO SHOMEX SITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The aggregate liability for Shomex to you for all claims arising from the use of Shomex Sites is limited to $100. If your state or jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. The terms and conditions shall be governed by and interpreted in accordance with the laws of the State of California. In the event that a court finds any provision of these terms to be unenforceable, all remaining provisions shall remain in full force and effect. The following are additional terms of use which apply to the BestDiversityEmployers.com web site (hereinafter referred to as "BDE"). BDE serves only as a vehicle for employers and job seekers to share information. Shomex does not screen or verify information submitted by its users nor does it have any obligation to do so. Shomex is not liable for the accuracy of the information submitted to BDE. All users are fully responsible for the consequences of the information they post to BDE or their use of information posted by others to BDE. Users shall have no recourse to Shomex. Shomex is not responsible for any employment decisions made by users of BDE. Furthermore, Shomex makes no guarantees that anyone will look at information you post. Please use common sense when using BDE. By submitting data to BDE you grant Shomex the royalty-free, irrevocable, non-exclusive license to use this information in any manner. So-called Moral rights have been waived. Shomex also has the right to modify, edit, or delete any information on BDE. Employers may only use the system for their company's direct hiring requirements. Headhunters, recruitment agencies, staffing agencies, temporary worker agencies, advertising agencies and career fair producers are not permitted to use BDE. Employers who purchase access to paid areas of BDE must pay all fees by due date specified on invoice or access privileges will be terminated. Fees paid for BDE usage are non-refundable. The BDE resume database is private. Access to this database is only permitted by authorized users. An authorized user is defined as one unique user with one unique password currently employed by the company purchasing access (hereinafter referred to as "Company"). If authorized user, or employees or consultants of Company are found to share passwords with non-authorized users, Shomex will terminate usage privileges immediately and provide no refund. Any attempt to access information on the BDE database other than through the database search engine will result in immediate termination of all access privileges with no refund. The collection, assembly and presentation of the BDE database are the exclusive property of Shomex. Any infringement on Shomex' intellectual property will result in immediate termination of all access privileges with no refund. You agree not to resell or assign your rights or obligations. Your use of BDE requires that you specifically not:
| [ Last Updated: February 12, 2001 ] |