TERMS OF USE
1. ACCEPTANCE OF TERMS
Dice Career Solutions, Inc. and Geeknet Media (“Dice”) are comprised of the internet sites Sourceforge.net, Slashdot.org, and freecode.com (the “Sites”).Dice provides the information and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites. Your use of any of the other Sites constitutes agreement with the terms and conditions of use set forth herein (the “Terms”). Before using the Sites, please carefully read this agreement relating to your use of the Sites. By using the Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Sites. Dice reserves the right, at Dice’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, Dice intends to provide users with up to fourteen days of advance notice). Your continued use of the Sites following the posting of changes to these Terms will mean that you accept those changes. Use of the Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept the Terms, he or she is not granted rights to use the Sites as defined herein, and should refrain from accessing the Sites. Dice reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Sites (or any part thereof). Dice shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the Sites, you warrant to Dice that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Sites automatically terminates.
3. DESCRIPTION OF SERVICES
The Sites are owned and operated by Dice for the purpose of software development, discussion, implementation and innovation (the “Purpose”). The Sites provide technology news, tools, products and education for the IT and developer community.
4. REGISTRATION OBLIGATIONS
When requested, each Site user must: (1) personally provide true, accurate, current and complete information on the Site’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Dice has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Dice may suspend or terminate that user’s account and prohibit any and all current or future use of the Sites (or any portion thereof) by that user other than as expressly provided herein. Each user will receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Dice cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section 4, including any loss or damage arising from any user’s failure to: (1) immediately notify Dice of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session. You represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur as a result of your use of the Sites. You must be 13 years of age or older to use the Sites. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Sites. The Sites are not intended for those under the age of 13. Use of the Sites is void where prohibited. For users of Sourceforge.net, you represent you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor sites thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, including Cuba, Iran, North Korea, Sudan and Syria, may not post Content to, or access Content available through, SourceForge.net. Dice handles user Registration Data in accordance with the Sites’ Privacy Policy.
5. CONTENT
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Dice, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Sites. No user shall transmit Content or otherwise conduct or participate in any activities on the Sites that, in the judgment of Dice, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. Dice reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Dice shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Dice, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Dice to protect the rights, property, or personal safety of the Sites’ users and the public. Dice does not control the Content posted to the Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Dice be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Sites. Each user, by using the Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE SITES
Use, reproduction, modification, and other intellectual property rights to data stored on the Sites will be subject to licensing arrangements that may be approved by Dice as applicable to such Content. With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers (“Dice Public Content”), the submitting user retains ownership of such Dice Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Dice. In each such case, the submitting user grants Dice a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license. With respect to Content posted to private areas of the Site Sourceforge.net (e.g., private development tools or mail), the submitting user may grant to Dice or other Sourceforge.net users such rights and licenses as the submitting Sourceforge.net user deems appropriate. Content located on any Dice-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Dice as applicable to such Content. For the purposes of these Terms, “Code” means any software code you submit, post, display or distribute via: any of our software configuration management (“SCM”) repositories (including, CVS, Subversion, Git, Bazaar and Mercurial) or SourceForge.net’s file release system, and “Associated Content” means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via SourceForge.net, but does not include Code. “SourceForge Content” means any Code or Associated Content.
When you submit, post, upload or otherwise provide Code to SourceForge.net, you must designate promptly the software license pursuant to which licensees (including Dice) obtain rights with respect to such Code. Except as otherwise expressly permitted by these Terms, any Code submitted to SourceForge.net must be licensed to Dice and other licensees under a license that is: compliant with the Open Source Initiative (“OSI”)’s Open Source Definition (http://www.opensource.org/docs/osd) or certified as an “OSI-Approved License” (http://opensource.org/licenses).
Please note that Dice is not affiliated with the OSI.
Notwithstanding anything to the contrary in these Terms, once you have selected the OSI-Approved or compliant license applicable to your Code, Dice shall be a licensee of such Code under the applicable OSI-Approved or compliant license that you have chosen. You shall promptly notify Dice in writing if you do not have the right to grant Dice or any other user an OSI-Approved or compliant license to your Code. Until such time as you have selected the OSI-Approved or compliant license applicable to your Code, Dice shall be a licensee of such Code under the license terms applicable to Associated Content.
When you create or make available your SourceForge Content on Sourceforge.net, you represent and warrant that:
you own or have sufficient rights to post or make available your SourceForge Content on or through SourceForge.net;
the posting or making available of your SourceForge Content on or through SourceForge.net does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
you have fully complied with any third-party licenses relating to your SourceForge Content, agree to pay for all royalties, fees and any other monies owing any person by reason of any of your SourceForge Content that you posted on or through SourceForge.net;
your SourceForge Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
your SourceForge Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another;
your SourceForge Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual;
your SourceForge Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and well-being of minors;
if your employer has rights to intellectual property you create, you have either received permission from your employer to make available your SourceForge Content, or secured from your employer a waiver as to all rights in or to your SourceForge Content;
your SourceForge Content does not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code (whether on Dice’s or others computers or equipment) intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to the user in a clear and conspicuous manner and the user affirmatively consents to such use; and, your SourceForge Content does not otherwise violate, or link to material that violates, any provision of these Terms or any local, state, or federal law or regulation, including any law designed to regulate electronic advertising.
By submitting Code to SourceForge.net, you certify that your Code is in compliance with the OSI-Approved or compliant license that you designate, and you hereby represent and warrant that you have all rights, licenses and consents necessary to grant Dice and other users the rights and licenses granted herein, and under the OSI-Approved or compliant license you designate, without infringement of any third party rights. In addition, the Code that you submit must also be made available in human-readable (i.e., “Source Code”) form. Whenever reasonably feasible, you agree that you will make Source Code available on or via SourceForge.net corresponding to Code that you post, submit, display or distribute. You must make Source Code available for all portions of Code that you have modified, enhanced or otherwise created derivative works from (with any such modification or derivative work being a “Change”). Dice acknowledges that there may be situations where posting Source Code is not reasonably feasible; examples of such situations are when you are posting Code that: (a) is ancillary to other Code that you have Changed but such Code is only available to you in binary or executable form (such as closed-source device drivers or closed-source software frameworks); (b) is otherwise readily available in Source Code form online as part of an Open Source distribution, and where you notify users that the Source Code for such distribution is available elsewhere on the Internet (and you also provide a link to that location); or (c) Dice agrees in writing does not need to be posted in Source Code form.
For users posting on Sourceforge.net, you are aware that certain postings of open source encryption code are controlled under U.S. Export Control Classification Number (ECCN) 5D002, License Exemption TSU, which requires notice prior to export by email to the U.S. government. Submit the notification or copy to crypt@bis.doc.gov and to enc@nsa.gov. You are responsible for submitting this email to the U.S. government and Section 740.13(e) of the Export Administration Regulations (“EAR”) 15 C.F.R. Parts 730-772. Note that products which use encryption solely for authentication are deemed 5×992 and the prior notification is not required. For more information see: http://www.bis.doc.gov/encryption/question2.htm
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Sites, use of the Sites, or access to the Sites.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
Dice may establish general practices and limits concerning use of the Sites. While Dice will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Dice has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Site. Dice reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. Dice reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. In addition, you will use the Sites in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. In addition to the above, you may not access or use the Sites for any purpose other than that for which Dice makes it available. Without limiting any other remedies, Dice may suspend or terminate your SourceForge.net account if we suspect that you have engaged in unlawful or prohibited activity in connection with SourceForge.net. Dice reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who, in Dice’s sole discretion, violates this provision. Prohibited activity includes, but is not limited to: illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via the Sites to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets; using any information obtained from the Sites in order to contact, advertise to, solicit, or sell to any user without such user’s prior explicit consent (including non-commercial contacts like chain letters); compiling or collecting Associated Content, Site Materials, or Sponsor Content from SourceForge.net as part of a database or other work; interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites, including, without limitation, any attempt to circumvent the access controls or security measures of SourceForge.net; accessing the Sites by any means other than through interfaces provided by Dice, unless otherwise specifically authorized by Dice in a separate, prior written agreement; circumventing, disabling or otherwise interfering with security-related features of the Sites, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Sites or the Materials therein; attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and, selling, reselling or offering for any commercial purposes, any portion of, use of, or access to the Sites, except where specifically endorsed or approved by Dice.
9. TERMINATION
Dice may terminate a user’s account in Dice’s absolute discretion and for any reason. Dice is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of a Site in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. Dice’s termination of any user’s access to any or all Sites may be effected without notice and, on such termination, Dice may immediately deactivate or delete user’s account and/or bar any further access to such files. Dice shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. Dice reserves the right to delete, or not delete, a user’s account at Dice’s sole discretion, as well as to delete, or not delete, content at Dice’s sole discretion.
10. LINKS
Dice, any Site, or a third party may provide links to other websites. Dice exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Dice shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Sites’ Privacy Statement is applicable only when you are on a Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless Dice, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Dice’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER’S USE OF THE SITES IS AT HIS OR HER SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DICE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. DICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, DICE MAKES NO WARRANTY THAT (i) THE SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF DICE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, DICE SHALL NOT BE LIABLE 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 DICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY OF THE SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL DICE’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN DICE AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, DICE DOES NOT AND CANNOT CONTROL THE ACTIONS OF THE SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITES. OPERATION OF THE SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY Dice. Any claim or cause of action arising out of or related to use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. TRADEMARK INFORMATION
Dice, the Dice logo and other Dice trademarks including “SLASHDOT,” “NEWS FOR NERDS, STUFF THAT MATTERS,” “FREECODE,” “SOURCEFORGE.NET,” the Sourceforge.net logo, the freecode.com logo, the Slashdot.org logo, service marks, and product and service names are Dice trademarks or registered trademarks in the United States and in other countries (the “Dice Marks”). All other names and designs may be trademarks of their respective owners.
Dice is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Dice expects you to resolve trademark disputes directly with the project administrator(s) rather than utilize Dice as an intermediary.
13. COPYRIGHTS
Dice respects the intellectual property rights of others, and requires that the people who use the Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dice to locate the material (e.g., URL).
c. Information reasonably sufficient to permit Dice to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
e. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
f. A physical, electronic or digital signature, in a form reasonably acceptable to Dice, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Send written communication to the following contact:
Dice Inc.,
1040 Avenue of the Americas,
16th Floor,
New York, NY 10018,
(tel) 212-725-6550,
(fax) 212-725-9127,
Attention: Vice President Business Affairs & General Counsel.
i. Send electronically-signed communication to dmca@sourceforge.net. A copy of your notice (with your personal contact information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. A link to your published notice may also be displayed in SourceForge.net’s search results in place of the removed material.
DMCA Counter-Notification Procedure:
After receiving a notification of alleged infringement, Dice will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Dice will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice. The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by fax, postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.) To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that Dice has removed or to which Dice has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in New York, New York (if your address is outside of the United States, for any judicial district in which Dice may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Dice.
e. Send written communication to the following address:
Dice Inc.,
1040 Avenue of the Americas,
16th Floor,
New York, NY 10018,
(tel) 212-725-6550,
(fax) 212-725-9127,
Attention: Vice President Business Affairs & General Counsel.
f. Send electronically- or digitally-signed communication to dmca@sourceforge.net. Upon receipt of a counter notification in substantial compliance with the DMCA, Dice will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, Dice will generally replace the removed material and cease disabling access to it, unless Dice ‘s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
14. GENERAL
The Terms constitute the entire agreement between each user and Dice and govern each user’s use of the Sites, superseding any prior and contemporaneous agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Dice reserves the right to share or transfer personally identifiable information and aggregate information to a third party should Dice ever file for bankruptcy or in the event of a sale, merger or acquisition of Dice.
15. VIOLATIONS
Please report any violations of the Terms (except for claims of intellectual property infringement) to the Site Director at tou@dice.com.
16. PROJECT WEB
SourceForge.net offers a web hosting service that permits project teams to share information among developers and end users (“Project Web”). Your use of the Project Web must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
You agree that you will protect the privacy and legal rights of the end users of your Project Web application. You must provide legally adequate privacy notice and protection for end users and are responsible for the security of such information, as such data only impacts end users of your Project Web application. If end users provide you with user names, passwords, or other login information or personally identifiable information, you must make the users aware that the information will be available to your application and to Dice.
You agree that Dice has no responsibility or liability for the deletion or failure to store any Project Web content and other communications maintained or transmitted through use of the Project Web service. You further acknowledge that you are solely responsible for securing and backing up your applications and any Project Web content.
Last modified: 9/28/2012