Outsourcing.com Terms and Conditions
Last updated on August 11th, 2010.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE SITE YOU ARE AGREEING TO THE TERMS AND CONDITIONS. DO NOT USE THE SITE IF YOU DO NOT WANT OR CANNOT BE BOUND BY THE TERMS AND CONDITIONS OF USE.
- 1. Use of Site
- 2. Modifications to the terms & conditions
- 3. Member accounts
- 4. Registration of the site use
- 5. Permission to use your added content
- 6. Responsability for your added content
- 7. Use of Content
- 8. Copyright dispute policy
- 9. Site Availability
- 10. Unauthorized access
- 11. Investigations
- 12. Feedback
- 13. Termination
- 14. Ownership
- 15. Warranties, Disclaimers and Limitations of Liability
- 16. Indemnity
- 17. Third Party Sites
- 18. Various
- 19. Contact
- 20. Trademarks and Logos
- 21. Concerns
1. Use of Site
You must be at least 18 years old in order to use the site. Non-adults are prohibited from using the site. If you are an adult, we grant you permission you to use the Site subject to these Terms and Conditions.
If you use the Site on behalf of a business, entity or organization, you must be an authorized representative of that business, entity or organization with the authority to bind it to the Terms and Conditions, an authority that is exercised by your use of the Site.
2. Modifications to the terms & conditions
We reserve the right to modify the Terms and Conditions periodically. When modifications are made, we will notify you by making the new version available on this page on the Site along with an indication at the top of the page as to the last revision date.
We suggest you visit this page regularly and read the latest version of the Terms and Conditions, as you will be bound by them if you use the Site.
All modifications to the Terms and Conditions will be effective immediately following their presentation on this page. If you continue to use the Site after a modified version of the Terms and Conditions, you indicate that you accept to be bound by them.
3. Member accounts
In order to be able to use all of the features of the Site, you may be required to create a member account and provide us with information about yourself.
It is your responsibility to keep your member account credentials (username and password) confidential.
You are responsible for all actions performed through your member account. You agree to notify us immediately of any unauthorized use of your account. We have the right to terminate your account at any time.
We suggest that you use real and complete information in your Member Account so as to represent yourself accurately on the Site. You may not impersonate another person, register using an email address other than your own, or maintain more than one Member Account.
If you are an authorized representative of a business, entity or organization and you have claimed its profile on the Site, then all actions performed on that profile must be performed solely for the purpose of accurately representing that business, entity or organization on the Site. Also, Your Added Content on the profile of the business, entity or organization must be accurate.
4. Registration of the site use
You hereby agree that you will not, and will not assist or enable others to:
- use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
- use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the Site for promotional or commercial purposes, except as expressly allowed in writing by Outsourcing.com;
- use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
- use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
- use the Site to promote bigotry or discrimination against protected classes;
- use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the Site to submit or transmit pornography or illegal content;
- use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
- use the Site in violation of the Terms and Conditions or any applicable law;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Outsourcing.com;
- reverse engineer any portion of the Site, except as may be permitted under the law;
- remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
- record, process, or mine information about other users;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
- access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;
- reformat or frame any portion of the Site;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Outsourcing.com’s technology infrastructure;
- attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively,”Viruses”); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
5. Permission to use your added content
We may use Your Added Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you irrevocably grant us permission to use Your Added Content for any purpose. You also irrevocably grant the Site’s users and the users of any Other Media the right to access Your Added Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Added Content.
6. Responsability for your added content
You alone are responsible for Your Added Content. You assume all risks associated with Your Added Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Added Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Added Content as described herein. You may not imply that Your Added Content is in any way sponsored or endorsed by Outsourcing.com. You may expose yourself to liability if, for example, Your Added Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
7. Use of Content
We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Added Content, nor do we guarantee any confidentiality with respect to Your Added Content. Outsourcing.com and its licensees may display advertisements and other information adjacent to or included with Your Added Content on the Site and other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
8. Copyright dispute policy
If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to Outsourcing.com detailing the alleged infringement. Your written notification must include:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Outsourcing.com to locate such Content;
3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
9. Site Availability
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
Dissatisfaction: If you are dissatisfied with the Site, please provide feedback through our Contact Us page. Your only other remedy with respect to any dissatisfaction with the Site, the Terms and Conditions, any policy or practice of Outsourcing.com in operating the Site, or any content or information transmitted through the Site, is to terminate the Terms and Conditions and your member account.
Suggestions and Improvements: By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that your Feedback does not contain the confidential or proprietary information of third parties, that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, that we may have something similar to the Feedback already under consideration or in development, and that you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms and Conditions or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Added Content, Site Content, or any other related information.
You may terminate the Terms and Conditions at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing Outsourcing.com with a notice of termination by email to Webmaster@Outsourcing.com with the sub-topic “Terminate my account”. If you terminate your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Added Content where it implicates other users.
We own the Outsourcing.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews and ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Outsourcing.com Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Outsourcing.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Outsourcing.com Content are retained by us.
15. Warranties, Disclaimers and Limitations of Liability
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. OUTSOURCING.COM MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. OUTSOURCING.COM FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM OUTSOURCING.COM OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
OUTSOURCING.COM DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF OUTSOURCING.COM OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
OUTSOURCING.COM FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
OUTSOURCING.COM ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH OUTSOURCING.COM RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
OUTSOURCING.COM’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO CYPRUS.COM IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) EURO €100.00.
You agree to indemnify and hold Outsourcing.com, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Site, your violation of the Terms and Conditions, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Outsourcing.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Outsourcing.com. Outsourcing.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. Third Party Sites
The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.
If there is any dispute about or involving the Site or Outsourcing.com, you agree that any such dispute will be governed by the laws of Outsourcing without regard to its conflict of law provisions.
No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, including those regarding changes to the Terms and Conditions by email, regular mail or postings on the Site.
Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms and Conditions contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms and Conditions.
Any failure on our part to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.
The Terms and Conditions are not assignable, transferable or sublicensable by you except with Outsourcing.com’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms and Conditions shall be void.
Please contact us with any questions regarding the Terms and Conditions and report any violations of the Terms and Conditions to Info@Outsourcing.com.
20. Trademarks and Logos
Outsourcing.com, the Outsourcing.com Logo and the slogan “Find and Share the Best of Outsourcing!” are registered trademarks owned by Outsourcing.com.