CivicPlus, Inc. Terms of Service (12.4.18)
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LICENSE FOR USE
COOKIES AND LINKS
SITE OWNERSHIP AND USAGE
CivicPlus is the sole owner of Deep Talent, the Software, the underlying source code, the function and design as well as default surveys and competencies libraries. Our individual clients retain right to ownership of their specific data. Our ownership rights are protected by the domestic and international trade secret and copyright laws and other intellectual property rights. The reproduction, distribution, digital transmission, displaying, misappropriation, reverse engineering or modification of the core Deep Talent engine, without prior written consent of CivicPlus, in any form or manner, is strictly prohibited and will result in legal action. Unauthorized use of Deep Talent may give rise to a claim for damages.
Prices set out in the Agreement are exclusive of all taxes and Customer shall be responsible for (and CivicPlus shall have no liability for), any taxes, tariffs, duties and other charges or assessments imposed or levied by any government or governmental agency in connection with the Agreement.
USER GENERATED CONTENT AND DMCA CLAIMS
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by CivicPlus on the Deep Talent. All content uploaded to Deep Talent by you, any Customer or your users is user-generated content (“UGC”). CivicPlus does not monitor, oversee or check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. CivicPlus values all users intellectual property rights. As such, we reserve the right to suspend and/or terminate any user’s account who is found to have infringed on the intellectual property rights of users, Deep Talent, or third parties, or who violated any laws related to intellectual property. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on Deep Talent or our Services, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CivicPlus’ designated agent at:
302 S. 4th Street, STE 500, Manhattan, KS 66502
1. Visit CivicPlus Help Center
2. Select a Product
3. Select Contact Us in the top-right-hand corner
All content provided by CivicPlus on Deep Talent (the “Content”) is for informational purposes only and shall not be considered as professional advice or consulting, medical advice or for any form of illegal activity. CivicPlus makes no representations as to the accuracy or completeness of any information on Deep Talent or found by following any link within Deep Talent. CivicPlus will not be liable for any errors or omissions in this information nor for the availability of the information. Your use of any information or materials on Deep Talent is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through Deep Talent meet your specific requirements.
Except as otherwise provided in these Terms, the Content from Deep Talent shall not be reproduced, distributed, digitally transmitted, displayed, misappropriated, reverse engineered or modified without CivicPlus written permission. Furthermore, the content, images and ideas from individual accounts shall not be reproduced, distributed, digitally transmitted, displayed, misappropriated, reverse engineered or modified without the express written permission of the third party owner. You may not reproduce, display, distribute, digitally transmit, or otherwise use any of the Content found on Deep Talent for any commercial purpose unless you receive specific prior written consent from CivicPlus or from the respective owner who has an account on Deep Talent. Modification of any of the Contents or use of the Contents for any purpose will be a violation of CivicPlus’s copyright and other intellectual property rights or the rights of the 3rd party Customer whose system you are accessing.
All reasonable measures are taken by us to ensure that Deep Talent is operational every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if Deep Talent or your user account is unavailable at any time. Where possible, we always try to give advance warning of maintenance issues that may result in Deep Talent down time but we shall not be obliged to provide such notice.
CivicPlus shall not be liable for damages, losses, injuries, claims, actions, costs and/or expenses of any kind arising from its failure or delay in performing any or all of its obligations if such failure or delay is due to circumstances or causes by Force Majeure i.e. external forces beyond our control, which include but are not limited to terrorism, war, act of God, embargoes, government orders, natural disasters, strikes, tornadoes, or, electricity failures.
DEEP TALENT and/or our Services may be integrated with services provided by third-parties as part of the functionality of the Services. But we have no control over third parties. Thus, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
TERMINATION AND MODIFICATION BY CIVICPLUS
CivicPlus reserves the right to terminate or suspend access to Deep Talent and our Service immediately, without prior notice or liability, for your breach of the term of Agreement, including without limitation if you (the users) breach these specific Terms herein; CivicPlus reserves the right to change our module of operation at any time. CivicPlus reserves the right to update or modify these Terms from time to time; CivicPlus reserves all rights to deny or restrict access to the Deep Talent system or just a part to any particular user, or to block access from a particular IP address to Deep Talent, at any time, without ascribing any reasons whatsoever.
DISCLAIMER OF WARRANTIES
CivicPlus does not represent or endorse the accuracy or reliability of any information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on Deep Talent, nor the quality of any products, information or any other material displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with Deep Talent herein. CivicPlus reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials on Deep Talent. You hereby acknowledge that any reliance upon any materials shall be at your sole risk. Deep Talent and the Software are provided AS-IS.
You hereby agree to indemnify CivicPlus and hold CivicPlus harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against or suffered or incurred by CivicPlus arising directly or indirectly out of:
- (a) Your access to or use of the Deep Talent and the Service;
- (b) your failure to remove users’ access to the Deep Talent that no longer should have access due to turn-over or loss of clearances;
- (c) any fraudulent use of the Service due to your failure to protect usernames and passwords for accessing the Services; or
- (d) Your breach of any of these Terms or the terms and conditions of the Agreement.
You further agree that you shall not rely on any Contents of Deep Talent to claim or assert any form of legitimate expectation against CivicPlus. CivicPlus reserves the right to change, modify, add to, derogate from or vary its position in respect of any policies, frameworks, projects, initiatives, plans, objectives and instruments referred to on Deep Talent at any time in CivicPlus’s sole and absolute discretion without prior notice to you.
Customer agrees to use the CivicPlus Services in a manner that is ethical and in compliance with applicable state and federal law.
LIABILITY OR CONSEQUENTIAL LOSS
Under no circumstances will CivicPlus be responsible or liable for financial, injuries or other loss or damage caused by the failure or use or misuse of Deep Talent; Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Deep Talent for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Unfortunately malicious software, spy-ware, viruses and website hacking are common threats and CivicPlus cannot be held responsible for problems that develop on completed sites as a result of such illegal activity.
CivicPlus may choose to not take any action against your failure to comply with these Terms. However, we are still entitled to use our rights in case of your subsequent breach of these Terms.
These Terms shall be governed and construed in accordance with the laws of the State of Kansas without regard to its conflict of law provisions.
FOR QUESTIONS OR COMMENTS, CONTACT US
If you have any questions, concerns, comments or complaints regarding these Terms of Service and/or our collection or use of personal information, or if you wish us to stop processing your personal information for any particular purpose or purposes, then please Contact CivicPlus:
- Visit CivicPlus Help Center
- Select a Product
- Select Contact Us in the top-right-hand corner