Digital Talent Observatory Terms and Conditions of Use of the Website /

Content Agreement

Digital Talent Observatory Terms and Conditions of Use/Content Agreement

Welcome to Digital Talent Observatory. The following terms and conditions are important things that you should know before using or accessing Digital Talent Observatory. Please read them carefully. By accessing or using any part of Digital Talent Observatory or any of the products or services offered by or through Digital Talent Observatory, you agree to be bound by the following terms and conditions of use. If you do not wish to be bound by these terms and conditions, you may not access or use Digital Talent Observatory. If these conditions change, you will be notified via email.

Digital Talent Observatory and partners respect the privacy of its visitors. Digital Talent Observatory does not collect any personal information through the web site without the knowledge of the visitor. Digital Talent Observatory is a membership based site. To gain full access to the site, there are two ways in which you can access at Digital Talent Observatory:
1) Using the token received
2) Register as a Contributor

Users will be required to enter valid contact data. As an Digital Talent Observatory member you will receive number of emails during a 12 months period. It is a direct information mailout and may contain in addition to Digital Talent Observatory content, news and interviews related to the industry from a partner. Partner's members will receive periodical newsletters. Registered members of Digital Talent Observatory will also be offered a variety of other email or mailstreams such as ebulletins, newsletters and announcements. You will have the option to remove yourself from these particular mailouts whenever you wish. As part of your individual (Free/Guest, HTP Leaders' Circle and CIONET) memberships, there is a mandatory requirement to subscribe such mailout. Unsubscribing from this stream will deactivate your membership and cause inaccessibility to the site.

FREE CONTRIBUTORS

Digital Talent Observatory offer a free Contributors program. Contributors who do not wish to continue and click the opt-out link, will be removed from the free the list, as long as they remain as registered Contributors they have to abide to the present Terms & Conditions of Use of the website and accepting to be registered implies that they have fully read and understand these terms and conditions and that agree to them.

Cancellation Policy

There are many products and services on Digital Talent Observatory, including memberships, that have fees or charges associated with them. It is assumed that existing Digital Talent Observatory members, and individuals new to the site, who buy or pay for these services are fully aware of what they are buying/purchasing and that they have read all documentation (product descriptions, advertising, etc.) regarding the product, service, membership, etcetera, to have made that choice. There are no refunds whatsoever for memberships once activity on the site has been established after the purchase of that membership. Products that have been determined to be defective or damaged can be returned to us for a full refund within a reasonable amount of time deemed by one of our sales representatives (via email or documented phone call). The cancellation policy of other products, services, etcetera that appear on Digital Talent Observatory but are offered by other companies or individuals, are the sole responsibility of those companies or individuals. Digital Talent Observatory does not assume any liability of any sort resulting in the purchase of those particular products, services, etcetera and does not endorse the purchase of the same.

Copyright and Permitted Use of Digital Talent Observatory Materials/Content

Digital Talent Observatory is owned and operated by Hightech Partners and CIONET. Except where otherwise noted, the content of Digital Talent Observatory's web pages that have been created, provided, written and published by Digital Talent Observatory staff, including the design, text, graphics and arrangement thereof, and the software used herein, is the property of and is owned and controlled by Digital Talent Observatory and is the copyrighted material of Digital Talent Observatory or its content providers. ALL RIGHTS ARE RESERVED. No materials from Digital Talent Observatory that have been created, written and published by Digital Talent Observatory staff, may be copied, duplicated, downloaded, reproduced, sold, resold, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed, adapted or changed in any way or otherwise exploited for any commercial purpose that is not expressly permitted by Digital Talent Observatory, except that you may electronically copy and print in hard copy, portions of Digital Talent Observatory for your personal, non-commercial use only. Any other use, reproduction, modification, distribution, transmission, republication, display or performance without the prior written consent of Digital Talent Observatory is strictly prohibited. Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.

Trademarks
"Digital Talent Observatory"; all of our own custom page headers, logos, graphics and button icons are service marks, trademarks and/or trade dress of Digital Talent Observatory. All other trademarks, product names and company names or logos cited anywhere on Digital Talent Observatory are the property of their respective owners.

No License

Except as expressly provided, nothing contained in these terms and conditions or anywhere on Digital Talent Observatory shall be construed as conferring any license under any intellectual property rights of Digital Talent Observatory or any third party.

Rules at Digital Talent Observatory

To guide you in using Digital Talent Observatory responsibly, we has established the following rules. If you do not abide by these rules while using Digital Talent Observatory, we have the right to prohibit you from using Digital Talent Observatory website and may terminate any account that you may have on Digital Talent Observatory. While using Digital Talent Observatory, you may not:

1.   upload, post, email, transmit or otherwise distribute any data, text, information, messages, software, music, sound, photographs, graphics, video messages or other material:

(a) constituting or encouraging conduct that would intentionally or unintentionally violate any applicable local, state, provincial, national or international law or give rise to civil liability, or otherwise use Digital Talent Observatory in a manner which is contrary to law;

(b) that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethically or otherwise objectionable;

(c) that you do not have a right to transmit under any law or under any other arrangement, contractual or otherwise;

(d) that is protected by patent, trademark, trade secret, copyright or other similar intellectual property right of any person without obtaining the permission of the holder of such intellectual property right; or

(e) that contains any virus, cancelbot, trojan horse, worm or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

2.   upload, post, email, transmit or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation except where specifically permitted on Digital Talent Observatory;

3.   impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; or

4.   collect or store personal data about other users of Digital Talent Observatory.

Links to Digital Talent Observatory

While using Digital Talent Observatory you will likely access third party web sites through search results displayed on Digital Talent Observatory and links contained on Digital Talent Observatory. Such third-party web sites are not under the control of Digital Talent Observatory and Digital Talent Observatory is not responsible for the availability of such sites or their contents. Any links provided on Digital Talent Observatory are provided for your interest or convenience only and do not represent or imply any endorsement by Digital Talent Observatory of any such linked site. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use applicable to any such site.

Digital Talent Observatory SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE ACCURACY, CONTENT, TIMELINESS, COMPLETENESS, LEGALITY, RELIABILITY, QUALITY, SUITABILITY OR DECENCY OF ANY INFORMATION, ADVICE, CONTENT, SERVICE, PRODUCT OR MERCHANDISE CONTAINED IN SITES LISTED IN SEARCH RESULTS ON Digital Talent Observatory OR OTHERWISE LINKED TO Digital Talent Observatory.

User Content/ Content Agreement

Digital Talent Observatory might enables its members/contributors to post content (ie; articles, reviews, blogs, wikis, etc.) and comments on content, products and services (herein known as "Your Content"). Such members are solely responsible for any and all information posted as well as any consequences that may result from "Your Content". In posting your material, you are agreeing that you are the sole creator of that content and you are the owner of that copyright. Digital Talent Observatory is not liable for any damages arising from the use of "Your Content". We have the right to refuse and remove any content uploaded, posted, emailed, reproduced, transmitted or otherwise distributed using Digital Talent Observatory, including any of "Your Content". Digital Talent Observatory Limited may also retain "Your Content" and disclose it (including the contents of your private communications), (a) if required by law, (b) as may be required to prevent or correct any problem with or disruption of the operation of Digital Talent Observatory, (c) in connection with any claim that "Your Content" violates the rights of any third party, (d) to protect itself, its officers, directors and employees, the users of Digital Talent Observatory and the public, or (e) to enforce these terms and conditions.

In order to publish your content (ie; comments, articles, news, etcetera), you must agree to the following clauses as pointed out in Digital Talent Observatory's Content Agreement.

1.   By providing Your Content through any publicly accessible areas of Digital Talent Observatory or submitting any of Your Content to Digital Talent Observatory, you automatically grant to Digital Talent Observatory a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute and display any of Your Content into any form, medium or technology now known or hereafter developed. -- This agreement does not in any way limit the Author(s) ability to use or publish their content elsewhere and the Author(s) shall retain the copyright.

2.   The Author(s) represents and warrants that the Content provided is original and does not violate or infringe upon any intellectual property rights of any person or entity, including without limitation, any copyright, trademark, patent, statutory, common law or the proprietary rights of others, or contain libelous or obscene material. Any excerpts from other copyrighted works shall only be included in the Content with the prior written permission of the copyright owners.

3.   If relevant, the Author(s) will take reasonable care in checking facts and statements and keep all notes and tape recordings made in the course of researching and writing the article. The notes will be made available to Digital Talent Observatory to defend against any legal action or otherwise, and the Author(s) will cooperate with Digital Talent Observatory and its attorneys should the need arise.

4.   If relevant, the Author(s) agree(s) to keep notes related to the Content for a period of five (5) years.

5.   The Author(s) grant(s) Digital Talent Observatory the right to use the Author's (s') name(s) and likeness in promoting the Content and Digital Talent Observatory. Digital Talent Observatory reserves the right to edit all accepted Content to conform to our style presentation and format, taking care not to change the Author's (s') meaning.

6.   The Author(s) indemnifies and agrees to hold Digital Talent Observatory, its parents, subsidiary and affiliated companies and their successors, officers, directors and employees harmless from any damage, cost of expense, including reasonable attorneys fees and costs of settlement, related to any claim, action or proceeding arising out of or in connection with this Agreement and/or the Author's representations or warranties hereunder.

By providing Your Content through any publicly accessible areas of Digital Talent Observatory or submitting any of Your Content to Digital Talent Observatory, you warrant that Your Content is not subject to any third party copyright or any other proprietary right and that you have full capacity and authority to make such posting, transmission, distribution or submission.

General Disclaimer of Representations and Warranties

Digital Talent Observatory is providing Digital Talent Observatory on an "AS IS, AS AVAILABLE" basis to users. Digital Talent Observatory is a service to users seeking human resources news and information. You use Digital Talent Observatory at your own risk. Neither Digital Talent Observatory nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied, to you (a) that Digital Talent Observatory will be uninterrupted or error-free, (b) that Digital Talent Observatory or the server that makes Digital Talent Observatory available are free of viruses or other harmful components, (c) as to the accuracy, reliability or completeness of results that may be obtained from the use of Digital Talent Observatory or (d) as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, product or merchandise provided through Digital Talent Observatory.

Digital Talent Observatory MAKES AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO Digital Talent Observatory, ITS CONTENT, ITS MERCHANDISE, ITS SERVICES, ANY DOCUMENTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY Digital Talent Observatory LIMITED IN CONNECTION WITH THE USE OF Digital Talent Observatory, ANY GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON Digital Talent Observatory OR RECEIVED THROUGH ANY LINKS PROVIDED ON Digital Talent Observatory, ANY INFORMATION OR ADVICE RECEIVED THROUGH Digital Talent Observatory OR ANY LINKS PROVIDED ON Digital Talent Observatory, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, YEAR 2000 COMPLIANCE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR OTHERWISE.

No oral advice or written information given by Digital Talent Observatory or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.

Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. In such jurisdictions, any or all of the above exclusion may not apply to you.

Disclaimer Regarding Professional Information

Digital Talent Observatory may make available certain professional information provided by third parties including information relating to law and accounting. Before you use any such professional information made available through Digital Talent Observatory or through any link on Digital Talent Observatory, please re-read the above section entitled "General Disclaimer of Representations and Warranties" and the section below entitled "Limitation of Liability" as those provisions apply to any professional information made available to you. Neither Digital Talent Observatory nor any of its officers, directors, employees, agents, sponsors, licensors, or the like is qualified to provide information or advice in any of these or similar professional fields and does not make any representation or warranty or condition, either express or implied, to you regarding the content, accuracy, completeness, legality, reliability, quality or suitability of any such professional information. Digital Talent Observatory recommends that you seek advice from a qualified professional with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession.

Disclaimer Regarding Downloading

Digital Talent Observatory may make available for downloading certain software and computer programs provided by third parties. Neither Digital Talent Observatory nor any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensors, or the like makes any representation or warranty or condition, either express or implied, to you regarding such software. Digital Talent Observatory cannot guarantee that any such software will meet your needs, standards or desired specifications or that such software will be free from viruses or errors. Before downloading any such software or computer programs, please re-read the above section entitled "General Disclaimer of Representations and Warranties" and the section below entitled "Limitation of Liability". Use of such software is subject to the terms and conditions of any end user license agreement that accompanies such software and by using such software you agree to be bound by the terms and conditions of such license.

YOU AGREE THAT ANY SOFTWARE, COMPUTER PROGRAMS, INFORMATION, PHOTOGRAPHS, MUSIC, VIDEO, AUDIO, POWEPOINTS, CHARTS, GRAPHS, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH Digital Talent Observatory IS DONE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DAMAGES THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIALS.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL Digital Talent Observatory LIMITED OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, SPONSORS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Digital Talent Observatory BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES) THAT RESULT OR ARISE FROM (A) THE USE OF AND RELIANCE ON Digital Talent Observatory, (B) THE INABILITY TO USE Digital Talent Observatory, (C) MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO Digital Talent Observatory, INCLUDING WITHOUT LIMITATION THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Digital Talent Observatory'S RECORDS, PROGRAMS, OR SERVICES, (D) MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON Digital Talent Observatory AND MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON Digital Talent Observatory, (E) INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON Digital Talent Observatory AND INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON Digital Talent Observatory AND (F) ANY INFORMATION, DATA, TEXT, MESSAGES AND OTHER MATERIALS THAT YOU EMAIL, POST, UPLOAD, REPRODUCE, TRANSMIT OR OTHERWISE DISTRIBUTE USING Digital Talent Observatory.

Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF Digital Talent Observatory OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USING Digital Talent Observatory.

Indemnification and Release

You agree defend, indemnify and hold harmless Digital Talent Observatory and its affiliate and related companies, officers, directors, shareholders and employees from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from (a) your use of Digital Talent Observatory or the internet, (b) the uploading, posting, emailing, reproducing, transmitting or otherwise distributing of any information, data, text, software, music, sound, photographs, graphics, video messages or other materials by you or any users of any account that you may have with Digital Talent Observatory, or (c) the breach of any of these terms and conditions by you or any users of any account that you may have with Digital Talent Observatory.

Jurisdiction and Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of Belgium and Switzerland. It can however be accessed from other places around the world. Although these places may have different laws from those of the above countries, by accessing Digital Talent Observatory you agree that the laws of Belgium and Switzerland, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Digital Talent Observatory. You and Digital Talent Observatory also agree to submit to the non-exclusive jurisdiction of the courts of Belgium and Switzerland, with respect to such matters. Users of Digital Talent Observatory accessing it from places outside of Belgium and Switzerland acknowledge that they do so voluntarily and are responsible for complying with local laws.

Miscellaneous
These terms and conditions and any and all documents specifically referenced herein, including our content agreement, constitute the entire agreement between you and Digital Talent Observatory with respect to the subject matter hereof. No failure on the part of Digital Talent Observatory to exercise and no delay in exercising any right under these terms and conditions shall operate as a waiver of such right. If any provision contained in these terms and conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these terms and conditions and the remaining provisions shall continue in full force and effect.

Privacy Policy

Please also fully read our privacy policy by clicking here or selecting our "Privacy Policy" menu located at the bottom of each page. By selecting "Yes, I accept the Digital Talent Observatory Terms of Use/Content Agreement", the user hereby indicates that (s)he understands fully all aspects and rules applicable to the user and that the user will abide by this agreement.