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Website Disclaimer and User Agreement

November 2007

Your access to and use of www.sixdeg.com and 6.dabbledb.com (the "Site") and the services provided through the Site and by Six Degrees Staffing, Inc. including but not limited to the Six Degrees employer recruitment services, the anonymous resume posting Service and the job posting Service (collectively, the "Service") are governed by this Six Degrees User Agreement ("Agreement"). YOUR USE OF THE SERVICE AND SITE INDICATES YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE OR SERVICE. SIX DEGREES STAFFING, INC.("we," "us" OR "Six Degrees") RESERVES THE RIGHT TO UPDATE THE TERMS OF THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING AN UPDATED VERSION OF THIS AGREEMENT TO THIS WEB PAGE, SO PLEASE CHECK THIS WEB PAGE FROM TIME TO TIME AS YOUR CONTINUED USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ANY CHANGED TERMS. WE WILL, HOWEVER, POST A NOTICE FOR 30 DAYS AFTER WE’VE UPDATED THE AGREEMENT TO LET YOU KNOW THAT WE’VE MADE UPDATES.

Privacy

Six Degrees cares about its users. For an explanation of Six Degrees’ privacy policies related to the collection, use and storage of your personally identifiable information, please read our Privacy Commitment.

Eligibility

You must be sixteen years old or older to register for use of the Site and/or Service, but you must be eighteen years old, or the age of majority as defined in your jurisdiction, whichever is older, to use our anonymous resume posting or job posting Services. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Term

This Agreement will remain in full force and effect while you use this Site. If you breach this Agreement, Six Degrees may suspend your account at any time. Even after your account is terminated, or you stop using the Site or Service, certain terms of this Agreement will remain in effect, including but not limited to the license you grant to us and representations and warranties you make to us under Content Posted on or Through the Site, Ownership of Intellectual Property, Indemnity, No Warranty, Limitation of Liability, and Copyright and Trademark.

Use

Your use of the materials included on this Site is for informational purposes only. Unless you have received prior written consent from Six Degrees, you agree you will not distribute, publish, transmit, modify, display or create derivative works from, exploit, or profit from the contents of this Site or any Service in any way other than for the purpose of seeking direct or temporary employment or seeking and managing job prospects, career contacts or career networking on the Site or through the Service.

Posted Content

You understand and agree that Six Degrees may review and delete any content, including but not limited to jobs or candidate profiles, (collectively, "Content") that in the sole judgment of Six Degrees violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.
By posting your Content to any part of the Site or through any Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove your Content from the Site at any time. However, Six Degrees cannot guarantee that your Content will be removed from the Internet as search agents and other indexing services may retain and display a copy of a web page that Six Degrees has removed. Furthermore, Content that we have removed from the Site may persist in backup or cached copies on Six Degrees’s servers for a reasonable period of time but will not be generally available to users of the Site.

You understand and agree that by posting your Content to the Site or Service, the Content including your name, questions answered, tags, links, photos and all other Content that you voluntarily post, add, or submit to the Site or through a Service, will be open to the anyone on the Internet and may be found through search engines, scrapers, crawlers and aggregators.

You understand that Six Degrees allows you to create a personalized profile for use within the Site or Service. You understand and agree that Six Degrees may review, delete any content within, or take possession of your candidate profile, for any reason whatsoever that, in the sole judgment of Six Degrees, is determined to violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.

Users of the Site or Service agree to allow Six Degrees and companies to send them opportunities through the Service, including content such as job alerts, news alerts, newsletters, product launch notices, and other general company information. You can opt out of any and all contact from Six Degrees or companies using the Service at any time. Users of the Six Degrees Service or Site may be contacted by people seeking referrals to specific companies, which you can accept or decline. By accepting, an email will be automatically sent to you with notice of acceptance. By declining, no email will be sent to you.

Employees of companies using the Service may also receive requests from people seeking referrals, whether or not they are a Site user. By accepting, an email will automatically be sent to the jobseeker with notice of acceptance. By declining, no email will be sent by that company to any person, their employer, or any third party.

You are solely responsible for your interactions with other users of the Site or Service. Six Degrees reserves the right, but has no obligation, to monitor disputes between you and other users.

Your profile must truthfully describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent a place, inanimate object, fictional character, animal or real individual who is not you.

You are solely responsible for the Content that you communicate, publish, display, or post on the Service, or transmit to other users (collectively, "Post"). Six Degrees reserves the right to remove any content, including the Content, from the Site that hinders the intended use and/or user experience (e.g., contact information that is entered in a title field). You agree that you will not take any action or Post any Content that is prohibited by this Agreement.

Inappropriate Content

You may not Post inappropriate Content on the Site. The following is a partial list of the kind of Content that is inappropriate and prohibited on the Site. Six Degrees reserves the right to investigate and take appropriate legal action, in its sole discretion, against you if you violate these provisions, including without limitation, removing the offending Content from the Site and Service and terminating your account and/or access. Content that is prohibited includes any acts or Content that:

1. is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
2. harasses or advocates harassment of another person or entity
3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing ("spam" or "spamming")
4. transmits files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of a computer, our Site, any software or hardware, or telecommunications equipment
5. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
6. impersonates any person or entity, including, but not limited to, a Six Degrees representative, or falsely states or otherwise misrepresents your affiliation with a person or entity
7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files
8. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible web page)
9. displays pornographic or sexually explicit material of any kind
10. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
11. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
12. solicits passwords or personally identifying information for commercial or unlawful purposes from other users
13. engages in commercial activities and/or sales without our prior written consent, including, but not limited to contests, sweepstakes, barter deals, advertising, and pyramid schemes, or other uses of the Site that Six Degrees deems inappropriate
14. forges or manipulates headers, identifiers or other data in order to disguise the origin of any content transmitted through our Site, or to manipulate your presence on our Site
15. takes any action that imposes an unreasonably or disproportionately large load on our infrastructure
16. engages in any illegal activities
17. uses spiders, bots or avatars to navigate this Site
18. circumvents stated policies or misuses the Site or Service for purposes it was not intended, or Six Degrees deems inappropriate.

Even though all of this is strictly prohibited, you should be aware that there is a chance that in using this Site, you might be exposed to such items or behavior and, to the maximum extent allowed by law, you further waive your right to any damages (from any party) related to such exposure. You agree to use this Site and the Service in a manner consistent with any and all applicable laws and regulations.

You agree that you must evaluate, and bear all risks associated with, your use of any content posted, emailed or otherwise made available via the Site or Service. You may not rely on such content. You acknowledge and understand that Six Degrees does not pre-screen or approve content (including but not limited to the Content), but that Six Degrees shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Site or Service for violating the terms of this Agreement or for any other reason. UNDER NO CIRCUMSTANCES WILL SIX DEGREES BE LIABLE IN ANY WAY FOR ANY CONTENT ON THE SITE OR MADE AVAILABLE THROUGH THE SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT.

Termination of Service

You agree that Six Degrees, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account or otherwise terminate your access to or use of the Site and Service (or any part thereof), immediately and without notice, and remove and/or destroy any Content within the Site or Service, for any reason, including, without limitation, if Six Degrees believes that you have acted inconsistently with the terms of this Agreement. Further, you agree that Six Degrees shall not be liable to you or any third party for any termination of your access to the Site or Service. Further, you agree not to attempt to use the Site or Service after said termination.

Jurisdiction

This Agreement shall be governed by the laws of the State of California, without reference to its conflicts of law principles. Any dispute arising from or related to this Agreement or the use of the Service or Site shall be resolved exclusively in the state and federal courts located in Los Angeles, California, and you agree to submit to the exclusive jurisdiction of and venue in such courts. Six Degrees makes no representation that materials on the Site are appropriate or available for use in locations outside the United States. If you access this Site from outside the United States, be advised that this Site may contain references to products and services that are not available to you, or are regulated or prohibited in your country.

Links

Some links on the Site will allow you to connect with sites that are not under Six Degrees’s control. Six Degrees is providing these links only as a convenience. The appearance of a link does not imply Six Degrees’ endorsement of, and Six Degrees is not responsible for the contents of, any linked site. You access the linked sites at your own risk.

Ownership of Intellectual Property

This Agreement does not transfer from Six Degrees to you or any user any proprietary technology developed and/or owned by Six Degrees or any intellectual property rights owned or otherwise held by Six Degrees, including incorporated into or used to provide the Service. To the extent that you provide any feedback, suggestions or improvements to Six Degrees regarding the Site or Service ("Feedback"), you hereby grant to Six Degrees a nonexclusive, perpetual, irrevocable, royalty-free, fully-paid worldwide license to use, reproduce, sublicense, modify, adapt, distribute and otherwise exploit such Feedback.

Indemnification

You agree to indemnify, defend and hold harmless Six Degrees from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses arising out of any unauthorized uses you may make of any material on the Site or any breach by you of this Agreement.

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. SIX DEGREES RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE SPECIFICATIONS OF PRODUCTS AND SERVICES OFFERED ON THIS SITE. USE OF THE SERVICE IS AT YOUR OWN RISK. SIX DEGREES DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SIX DEGREES DOES NOT WARRANT THAT THE SERVICE OR SITE WILL BE UNINTERUPTED, ERROR-FREE, OR COMPLETELY SECURE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF SIX DEGREES IS AWARE OF THEM.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX DEGREES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 SIX DEGREES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE AND/OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICE.

Copyright and Trademark

Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress, trademarks, service marks, and/or other intellectual property owned by Six Degrees or by other parties that have licensed their material to Six Degrees. Six Degrees trademarks and service marks on the Site represent some of the trademarks or service marks currently owned or controlled by Six Degrees in the United States and/or in one or more other countries. All rights not expressly granted are reserved by Six Degrees, Inc.

For job candidates this Agreement (for companies, this Agreement together with the Service Agreement) represents the entire agreement between you and Six Degrees with respect to the subject matter hereof.

 
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