Terms & Agreements
for
DesignSearchAssociates.com’s Forum

Definitions

DesignSearchAssociates.com ("DSA") is the interactive online service owned and operated by Design Search Associates ("DSA") consisting of recruiting services and content provided by DSA, affiliates of DSA and third parties. "Subscriber" means each person who establishes and or uses an authorized account ("Account") for access to and use of DSA.

General

(A) This Agreement sets forth the terms and conditions which apply to the use of DSA by Subscriber. By using DSA, Subscriber is deemed to have agreed to comply with all of the terms and conditions hereof. The right to use DSA is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account under any screen name or password by any person and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s).
(B) DSA shall have the right at any time to change or discontinue any aspect or feature of DSA, including but not limited to content, hours of availability, and equipment needed for access or use.

Changed Terms

DSA shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of DSA, or to impose new conditions with respect to such use. Such changes, modifications or additions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on DSA, or by electronic or conventional mail, or by any means by which Subscriber obtains actual knowledge thereof. Any use of DSA by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

Equipment

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of DSA.

Subscriber Conduct

(A) Subscriber shall use DSA for lawful purposes only. Subscriber shall not post or transmit through DSA any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without DSA’s express prior approval, contains advertising or any solicitation with respect to products or services. Subscriber shall not use DSA to solicit users to become subscribers of other online information services competitive with DSA.
(B) DSA contains copyrighted material, trademarks and other proprietary information, and the entire contents of DSA are copyrighted as a collective work under United States & International copyright laws. Subscriber may download copyrighted material for Subscriber's personal use. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of DSA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. Subscriber may download public domain materials for Subscriber's own use or non-commercial distribution.
(C) Subscriber shall not upload, post or otherwise make available on DSA any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Subscriber hereby grants DSA the right to edit, copy, publish and distribute any material made available on DSA by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of DSA, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.

Disclaimer of Warranty; Limitation of Liability

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF DESIGNSEARCHASSOCIATES.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER DSA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT DESIGNSEARCHASSOCIATES.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THAT DESIGNSEARCHASSOCIATES.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THAT DESIGNSEARCHASSOCIATES.COM.
(B) THAT DESIGNSEARCHASSOCIATES.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) IN NO EVENT WILL THAT DESIGNSEARCHASSOCIATES.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING OR SELLING SUBSCRIPTIONS THAT DESIGNSEARCHASSOCIATES.COM OR THAT DESIGNSEARCHASSOCIATES.COM SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THAT DESIGNSEARCHASSOCIATES OR OUT OF THE BREACH OF ANY WARRANTY. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THAT DESIGNSEARCHASSOCIATES.COM.

Monitoring

DSA shall have the right, but not the obligation, to monitor the content of DSA, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by DSA. DSA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on DSA. Without limiting the foregoing, DSA shall have the right to remove any material that DSA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification

Subscriber agrees to defend, indemnify and hold harmless DSA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of DSA by Subscriber or Subscriber's Account.

Rights of Termination

Without limiting the foregoing, DSA shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which DSA, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.

Miscellaneous

This Agreement and any operating rules for DSA established by DSA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.