1. WEBSITE CONTENT AND LICENSE
The content on the Website, including without limitation the dossiers, text, graphics, software, video and audio content and the like that appear on the Website (the “Website Content”), is owned by or licensed to DICE and is subject to copyright and other intellectual property rights protected by laws and other treaties around the world. Subject to the license granted below, all such rights are reserved by us. In particular, you may not re-post, republish, reproduce or copy the Website Content to other web sites or publicly-accessible documents, or sell, distribute or otherwise exploit the Website Content, without the prior written consent of DICE. To request permission to re-post, republish, reproduce, copy, sell, distribute or otherwise exploit Website Content, please submit your request in writing via e-mail to firstname.lastname@example.org. DICE has no obligation to grant you permission to re-post, republish, reproduce, copy, sell, distribute or otherwise exploit Website Content.
All of the DICE dossiers, trade marks, service marks and logos are owned by or licensed to DICE and may not be used for any purpose without the prior written consent of DICE.
2. PERMITTED USERS
3. DOSSIER REQUESTS
Notwithstanding any provision to the contrary, you agree and understand that for up to a maximum of two (2) individual dossier requests within any 30 calendar day period (the “Guaranteed Requests”), we will deliver the requested dossier within ten (10) business days of such Guaranteed Requests and for all indiviual dossier requests in excess of the Guaranteed Requests, we will deliver the requested dossiers within a reasonable timeframe which will be notified to you.
4. USER ACCOUNTS
If you create a user account for the Website, you agree to complete the registration process by providing current, complete, and accurate information as required by DICE. You are responsible for all activities that occur in relation to your account. You agree to notify DICE immediately of any unauthorized use of your account or any other breach of security. DICE will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by DICE or any third party due to someone else using your account. You may not use anyone else’s account to gain access to the Website and/or DICE at any time.
1. You shall not disclose confidential information belonging to DICE or other confidential information otherwise obtained by you by virtue of your access to the Website. Only you or the specific individual or entity name listed on any of the Registration Documents is permitted to use and have access to the confidential information, and you (or such other person or entity listed on any of the Registration Documents) shall not copy, modify or otherwise share or disclose any of the confidential information to any other third party without the prior written consent of DICE. For the avoidance of doubt, the foregoing restriction prohibits disclosure by you (or such other person or entity listed on any of the Registration Documents) of any of the confidential information to any of your affiliates (or any affiliate of such other person or entity listed on any of the Registration Documents) without the prior written consent of DICE (such consent not to be unreasonably withheld). The obligations of confidentiality contained in this Section shall not apply to information which: i. is publicly known at the time of disclosure; ii. is already in your possession at the time of disclosure; iii. becomes known to you through disclosure by other sources without such sources violating any confidentiality obligation to DICE; or iv. is independently developed by you without reference to information from DICE or the Website. Notwithstanding anything in this Section, you are not prohibited from disclosing confidential information to law enforcement or regulatory authorities to comply with applicable laws and regulations.
2. You agree not to use any of the Licensed Materials or any part of the data contained therein for the purpose of creating any form of competing list, directory, database, report or service whether for internal or external use, nor may you mass export any of the data obtained as a result of your use of the Website, without written approval from DICE. This Section 4 shall survive termination of your use of the Website.
3. DICE shall not disclose to a third party any confidential and/or sensitive information about your business (including your access of the Website) or about any third party with whom you do business that you disclose to DICE or that becomes known to DICE through your use of the Website (“Client Information”). DICE’s obligations of confidentiality contained herein shall not apply to information which: i. is publicly known at the time of disclosure; ii. is already in our possession at the time of disclosure; iii. becomes known to us through disclosure by other sources without such sources violating any confidentiality obligation to you; or iv. is independently developed by us without reference to information from you. Notwithstanding anything in this Section, DICE is not prohibited from disclosing confidential information to law enforcement or regulatory authorities to comply with applicable laws and regulations.
7. CLAIM OF COPYRIGHT INFRINGEMENT
DICE respects the intellectual property of others. If you believe in good faith that any Website Content, or other matter posted on the Website infringes the copyright in a work you own, please contact our designated contact listed below, with correspondence containing the following:
– A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
– Identification of the copyrighted work allegedly infringed;
– Identifying information reasonably sufficient to allow determination by DICE of the location of the material that is allegedly infringing;
– Information reasonably sufficient to permit DICE to contact you;
– 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
– 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.
You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid and we reserve the right not to take action until all the requirements are complied with. For any questions regarding this procedure, or to submit a complaint, please contact DICE’s designated contact:
Attn: General Manager
8. LINKS TO OTHER WEBSITES
9. LIMITATION OF LIABILITY AND NO WARRANTIES
You assume all risk as to the quality, function, and performance of the Website and Website Content.
To the fullest extent permissible by law, our total cumulative liability to you for any and all claims relating to or arising out of your use of the services or the Website, regardless of the form of action, shall not exceed the total amount of fees, if any, that you paid to use the Website or the services.
To the fullest extent permissible by law, in no event will DICE, nor any of its affiliates, directors, employees, agents, members or managers (collectively, the “DICE Entities”) or any other party who has been involved in the creation, production, distribution, promotion, or marketing of the Website be liable to you or any other party, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for (i) any loss of profits, anticipated savings, business, goodwill or data, in each case whether in the nature of direct or indirect damages, or (ii) any indirect, consequential, special, incidental or exemplary damages or the like, incurred by you or any third party even if the loss(es) were foreseeable or if the DICE Entities or any other party had been advised of the possibility of the same. In addition, while DICE makes reasonable efforts to ensure that the Website Content is accurate, please note that the Website may include technical and factual inaccuracies or typographical errors. DICE has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Website (or any part thereof) on any particular device or communications service. DICE is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website.
12. CHOICE OF LAW AND JURISDICTION
Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in Hong Kong, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.