Terms of Use and Member Rules

The "Terms of Use" under which you may use Multiculturaladvantage.com, an online web portal promoting global diversity.

Terms of Use and Member Rules

This page states the "Terms of Use" under which you may use Multiculturaladvantage.com, an online web portal promoting global diversity. These Terms of Use include the Convergence Media, Inc. ("Company") Privacy Statement, which is incorporated into these Terms of Use by reference. By using Multiculturaladvantage.com, you are indicating your agreement to these Terms of Use, including the Convergence Media, Inc Privacy Policy.

Please read this page carefully. If you do not accept the Terms of Use stated here, do not use the Web Site and the services. By using Multiculturaladvantage.com, you are indicating your acceptance to be bound by the provisions of these Terms of Use. Convergence Media, Inc may revise these Terms of Use at any time by updating this posting. you should visit this page periodically to review the Terms of Use, because they are binding on you. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing this web site for any reason.

  1. USE OF MATERIALS

    1. The contents of this site, including, but not limited to, text, graphics and icons, are copyrighted materials ("Contents") owned or controlled by Convergence Media, Inc. or entities which have granted certain rights to Convergence Media, Inc. The Contents may also contain Convergence Media, Inc.'s or such other entity's name, trademarks, service marks, and trade names, as well as product designs covered by United States and foreign design patents. You are hereby granted a nonexclusive, nontransferable, limited license to view, download, and print portions of the Site and the Contents of the Site, for your personal use in learning about the topic discussed at the Site, in evaluating or acquiring Convergence Media, Inc.'s services or products, or in learning about and evaluating other services and products described at the Site. You must faithfully reproduce any and all copyright notices that are provided by Convergence Media, Inc., and may not obscure copyright or other notices.
    2. Except as specifically provided herein, Convergence Media, Inc. does not grant permission to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Site or the Contents.
    3. Without first obtaining Convergence Media, Inc.'s written consent, you may not use (a) Convergence Media, Inc.'s icons to hyperlink other web sites with this site, or (b) Convergence Media, Inc.'s name, trademarks, trade names, service marks, or any patented designs for any reason. If permission to hyperlink is granted, you may not remove or obscure (by framing or otherwise) any copyright notices, advertisements, or other information on this Site.
    4. Use, duplication or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)1(ii) and FAR 52.227-19.
  2. THIRD PARTY LINKS

    Convergence Media, Inc. assumes no responsibility for material created or published by third parties, including without limiting the generality of the foregoing, materials on sites, which are linked to the Site.

  3. SUBMISSIONS

    1. All information submitted to Convergence Media, Inc. via this Site, or via any postal or any e-mail submission to any Convergence Media, Inc. employee, shall be and shall remain the property of Convergence Media, Inc.. Convergence Media, Inc. reserves the right to review all content and remove material that is objectionable to Convergence Media, Inc., in its sole and absolute discretion. You waive all editorial and moral rights to any submissions you make to Convergence Media, Inc., regardless of format.
    2. Convergence Media, Inc. shall not be subject to any obligations of confidentiality regarding submitted information, with the sole exception of site registration information as provided on registration forms, as to which e-mail addresses and names are not disclosed to third persons with the consent of the registrant.
    3. You warrant that all information submitted by you is fit for publication, and is not libelous, defamatory and/or pornographic.
    4. You agree to indemnify Convergence Media, Inc. if any third party takes action against Convergence Media, Inc., and agree not to take action against Convergence Media, Inc., in relation to any material you submit, regardless of form.
    5. By submitting information, you warrant that Convergence Media, Inc. may publish the information, and/or incorporate it or any concepts described in such information, without liability to you or any other or entity.
  4. REGISTRATION INFORMATION

    When you register with any Convergence Media, Inc., you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the Terms of Use and any privacy policy applicable to any Convergence Media, Inc. Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

    The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.

    Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Convergence Media, Inc. does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Multiculturaladvantage.com or any other Convergence Media, Inc. Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

    If you cancel your Convergence Media, Inc. account, all your account information from Convergence Media, Inc., including resumes, cover letters, profiles, favorites, and questionnaires will be removed from Convergence Media, Inc. and Convergence Media, Inc.'s databases and cannot be retrieved once deleted.

  5. MULTICULTURALADVANTAGE.COM SITE RESTRICTIONS

    Users may not use any Multiculturaladvantage.com Site in order to transmit, distribute, store or destroy material, including without limitation Multiculturaladvantage.com Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

    Users are also prohibited from violating or attempting to violate the security of any Multiculturaladvantage.com Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Multiculturaladvantage.com Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Convergence Media, Inc will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

  6. REGISTRATION AND PASSWORD

    You are responsible for maintaining the confidentiality of your account, profile, and passwords. You agree to immediately notify Convergence Media, Inc of any unauthorized use of your account, profile, and passwords.

  7. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

    If you believe that your copyrighted work has been uploaded, posted or copied to any Convergence Media, Inc Web Site and is accessible on such Convergence Media, Inc Site in a way that constitutes copyright infringement, please notify us by providing The Company with the following information:

    1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
    2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
    3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
    4. Your name, address, telephone number and, if You have one, your e-mail address;
    5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
    6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
  8. THE COMPANY'S LIABILITY

    Multiculturaladvantage.com acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and makes no representations about any jobs, resumes or User Content on Multiculturaladvantage.com.

    Because user authentication on the Internet is difficult, Convergence Media, Inc cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Convergence Media, Inc Site, in the event that You have a dispute with one or more Users, You release Convergence Media, Inc (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

    If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    Convergence Media, Inc Sites and Content may contain inaccuracies or typographical errors. Convergence Media, Inc makes no representations about the accuracy, reliability, completeness, or timeliness of any Convergence Media, Inc Site or Content. The use of all Convergence Media, Inc Sites and Content is at your own risk. Changes are periodically made to Convergence Media, Inc Sites and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material contained therein placed by you on Convergence Media, Inc Sites. Employers are solely responsible for their postings on Convergence Media, Inc Sites. The Company is not to be considered to be an employer with respect to your use of any Convergence Media, Inc Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Convergence Media, Inc Site.

    Convergence Media, Inc cannot guarantee and does not promise any specific results from use of Multiculturaladvantage.com or any Convergence Media, Inc Site. No advice or information, whether oral or written, obtained by a User from Convergence Media, Inc. or through or from Multiculturaladvantage.com or any other Convergence Media, Inc Site shall create any warranty not expressly stated herein.

  9. DISCLAIMER OF WARRANTY

    THE COMPANY DOES NOT WARRANT THAT ANY CONVERGENCE MEDIA, INC SITE WILL OPERATE ERROR-FREE OR THAT ANY CONVERGENCE MEDIA, INC SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY CONVERGENCE MEDIA, INC SITE OR THE CONVERGENCE MEDIA, INC CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE CONVERGENCE MEDIA, INC SITES AND CONVERGENCE MEDIA, INC CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONVERGENCE MEDIA, INC CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

  10. DISCLAIMER OF CONSEQUENTIAL DAMAGES

    IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY CONVERGENCE MEDIA, INC SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY CONVERGENCE MEDIA, INC SITE AND THE CONVERGENCE MEDIA, INC. CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  11. LIMITATION OF LIABILITY

    CONVERGENCE MEDIA, INC'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY CONVERGENCE MEDIA, INC SITE OR YOUR USE OF THE CONVERGENCE MEDIA, INC CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

  12. LINKS TO OTHER SITES

    Multiculturaladvantage.com and certain other Convergence Media, Inc. Sites contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

  13. NO RESALE OR UNAUTHORIZED COMMERCIAL USE

    You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Convergence Media, Inc Site.

  14. INDEMNITY

    You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Convergence Media, Inc Site, (ii) your use of any Convergence Media, Inc. Content, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.

  15. GENERAL

    The Company makes no claims that the Convergence Media, Inc Content may be lawfully viewed or accessed outside of the United States. Access to the Convergence Media, Inc Content may not be legal by certain persons or in certain countries. If you access a Multiculturaladvantage.com or other U.S.-based Convergence Media, Inc. Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Philadelphia, Pennsylvania. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of Multiculturaladvantage.com, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of Multiculturaladvantage.com. No changes to these Terms of Use shall be made except by a revised posting on this page.

  16. ADDITIONAL TERMS OF USE

    Certain areas of Multiculturaladvantage.com and the other Convergence Media, Inc. Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

  17. TERM AND TERMINATION

    These Terms of Use will remain in full force and effect while you are a User of Multiculturaladvantage.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from Multiculturaladvantage.com and the other Convergence Media, Inc. Sites and immediate termination of your registration with or ability to access Multiculturaladvantage.com and the other Convergence Media, Inc. Sites and/or any other services provided to you by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to Multiculturaladvantage.com or other Convergence Media, Inc Site registration. Even after you are no longer a User of Multiculturaladvantage.com, certain provisions of these Terms of Use will remain in effect, including Sections 1, 7 through 16, inclusive.