Terms & Conditions

COMMUNITY TERMS AND CONDITIONS

By clicking the “I agree to these terms and conditions” button displayed as part of the signup process and by using the DiversityMarketplace.com Community website and accessing the content contained within, or linked to, the DiversityMarketplace.com Community website[s] you agree to these Community Terms and Conditions (“Terms of Use”), which are the terms of a legal agreement between you (‘You’) and Diversity Marketplace, LLC (NY), governing your use of the DiversityMarketplace.com Community.  If you do not agree to these Terms of Use, you are not permitted to use any of the site features or functionality of the DiversityMarketplace.com Community website.

If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use.  In that case, the terms “You” or “Your” will refer to such entity or person.  If You do not have such authority, or if you do not agree with these Terms of Use, You must not select the “I agree to these Terms of Use” button and You are permitted to browse but not to use the site features or functionality or access the DiversityMarketplace.com Community websites.  All references to use of the DiversityMarketplace.com Community websites include use of the content, including but not limited to any software, documentation and other content included on the DiversityMarketplace.com Community websites even if downloaded.  The “Effective Date” of these Terms of Use is the date of Your acceptance of these Terms of Use. We may revise these Terms of Use at any time with or without notice.  By accessing and using the DiversityMarketplace.com Community content, You agree to be bound by any such revisions and You agree to periodically visit this page to determine the then current Terms of Use to which You are bound.  The revised Terms of Use will be effective when posted.  

Welcome to the DiversityMarketplace.com Community websites (the “Community”):

The DiversityMarketplace.com Community, which includes but is not limited to any Partner Community, Customer Community, Developer Community, and other websites added to the DiversityMarketplace.com Community from time to time, is created and designed to provide an environment where You and other Community users (“Other Users”) may share information, post comments, provide reviews, vote on prospective features and engage in conversation threads around it’s products and services.  Through the DiversityMarketplace.com Community, You have access to a variety of resources and content that may include: (a) discussion boards, blogs, question boards, bulletin boards, polls, surveys, and wikis (“Forums”); and (b) documents, web pages, data, software, scripting, code snippets, text, messages, video, audio, photographs, and images (“Materials”) or 3rd party service-providers and/or any/all related internal premium-services available at a fee i.e. ‘Vendor-Verifications’ or a variety of subscription-based service plans or sponsor/advertiser plans. This also applies when/if you grant permission to others to access your information for the purpose of you availing such information to selected 3rd party service[s] or provider[s] as you specifically authorize. Forums, Materials and all other content located within the DiversityMarketplace.com Community are collectively referred to as “Community Content” and subject to our ‘Community-manager’ review as to its content and applicability and its removal if deemed otherwise. No representations or warranties are made here for any 3rd party services or providers who are independently guided by their own such terms and conditions. Nor are any conditional, direct or indirect warranties as to their fitness or use, express or implied, contained herein. Such 3rd party engagement of services are arrangements and agreements between You and the selected service[s] or provider[s].

Registration:  

The website is free to register and premium services are optional. Therefore, to make use of the website features and functionalities, You must register within and provide the information requested in order to participate in, contribute to and access the DiversityMarketplace.com Community and the Community Content.  Your registration is only for Your personal use and You must not share Your username or password with anyone else. You are responsible for keeping Your password confidential and for all activity that occurs through Your account.  We may collect registration and other information about You through the DiversityMarketplace.com Community.  The collection and use of this information is governed by the Privacy Policy.  

Notice Specific to Supplied Software:  

Any software that is made available through the DiversityMarketplace.com Community by a third party on it’s behalf is governed by the applicable software license accompanying the software, software license or cloud service subscription agreement entered into between You and  (or an  reseller, OEM or other channel partner) or, if You do not have such an agreement that governs Your use of the specific software You intend to download from this Community, by these Terms of Use together with the additional terms and conditions of the Developer Community (collectively referred to as the “Software Agreement”). WITHOUT LIMITING THE FOREGOING, ANY UNAUTHORIZED USE, REPRODUCTION, OR REDISTRIBUTION OF SUCH SOFTWARE IS EXPRESSLY PROHIBITED UNLESS SUCH USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE SOFTWARE AGREEMENT TO WHICH YOU ARE BOUND. Unauthorized use of software may result in severe civil and criminal penalties.

License to Use Content:

The Community Content provided or submitted to the DiversityMarketplace.com Community by  (or a third party acting on it’s behalf), including but not limited to software, white papers, press releases, datasheets, and FAQs (“Content”) are the intellectual property and copyrighted works of  or the applicable third party provider.  Subject to these Terms of Use,  grants You a limited, personal, non-exclusive, non-transferable license to download, view, reproduce, print and use such  Content subject to the following: (a) You may use  Content solely in connection with Your permitted use of the Platform Applications, and related  products and services and, to the extent such  Content is comprised of software, solely in accordance with the Software Agreement referenced above; (b) You may not modify or alter the  Content in any way; (c) You are permitted to browse but not to use the site features or functionality the  Content for comparative or competitive analysis or benchmark testing of  products and services; and (d) You are permitted to browse but not to use the site features or functionality the  Content for any competitive purpose as determined by  in its sole discretion.  No other use of the Content is authorized.  You agree that any permitted copies of the Content that you make will retain all copyrights and other proprietary notices in the same form and manner as on the original.  You may not create any derivative works of any Content without express written authorization. All rights not expressly granted herein are reserved by Diversity Marketplace, LLC 2014.  

Your Content and Submissions:

Diversity Marketplace does not claim ownership of the materials and content you post, upload or submit to the DiversityMarketplace.com Community (“Your Content”). DiversityMarketplace.com and its related entities do not want wish to receive confidential or proprietary information from You through the DiversityMarketplace.com Community.  By submitting any content to the DiversityMarketplace.com Community or to  through the DiversityMarketplace.com Community, including but not limited to information you post, upload, input, provide or submit on any private or public areas of the DiversityMarketplace.com Community, you are acknowledging that such information is non-confidential and non-proprietary and you are granting , its affiliates and agents, and Other Users, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, translate, publicly display, publicly perform, transmit, and perform and create derivative works from Your Content in any media for any purpose, and to publish your name in connection with Your Content.  No compensation will be paid with respect to Your Content. You may remove Your Content at any time in your sole discretion.

Certain areas of the DiversityMarketplace.com Community are designated as “private groups” or “secured-groups” or “secret groups.” You and other Users may access these private groups or secret groups within the DiversityMarketplace.com Community only if You and Other Users are invited by the moderator of a private group or secret group and approved by its Community administrator.  The portions of the Community Content posted in private groups or secret groups (“Private Content”) will be accessible and viewable only by those approved members of a specific private group or secret group (and by the DiversityMarketplace.com Community administrators).  If You access a private group or secret group You agree that You will, at all times during the period in which Your Community account remains active and for a period of three (3) years thereafter, not disclose to any third party any of the Private Content that You have viewed, accessed or had access to during the time You were a member of any such private group or secret group.  Notwithstanding anything in these Terms of Use to the contrary, Private Content may be treated as the posting party’s confidential information, subject to the posting party properly designating the Private Content as confidential information and further subject to the terms and conditions of any relevant agreements between the parties relating to the confidential nature of the Private Content.  You are solely responsible for properly designating and protecting Your confidential Private Content.  

You must not upload any content from any third party or source without specific permission from the third party content owner. By posting or providing Your Content, You represent and warrant that You have the rights necessary to provide, post, upload, input or otherwise submit Your Content to the DiversityMarketplace.com Community and to grant the licenses set forth herein, that use of Your Content by DiversityMarketplace.com, its affiliates and agents, and by Other Users will not infringe on or violate the rights of any third party, and that all so-called moral rights in Your Content have been waived.  You will update or remove any of Your Content that is not true, accurate, and complete or that hereafter becomes untrue, inaccurate or incomplete.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE DIVERSITYMARKETPLACE.COM COMMUNITY, YOU DO SO AT YOUR OWN RISK.

Monitoring:

Diversity Marketplace, LLC has the right, but not the obligation, to monitor the content of the DiversityMarketplace.com Community to determine compliance with these Terms of Use, the Other Terms, and it’s Acceptable Use Policy (collectively “Applicable Terms”). DiversityMarketplace.com has the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on the DiversityMarketplace.com Community that we find to be in violation of the Applicable Terms or otherwise objectionable. You are solely responsible for any information You post, transmit, or otherwise make available on the DiversityMarketplace.com Community. You acknowledge and agree that Diversity Marketplace, LLC, DiversityMarketplace.com does not have any liability for any action or inaction with respect to any conduct, communication, or posting on the DiversityMarketplace.com Community.

Use of Forums:  

Forums are provided as a convenience to You and Other Users, and  is not obligated to provide any technical support for, or participate in, Forums.  While Forums may include information regarding  products and services, including information from  employees, they are not an official  customer support channel.  Information available on the Forums may be provided by Other Users.  Please note that Other Users may post messages or make statements in the Forums that are inaccurate, misleading, or deceptive. DiversityMarketplace.com does not endorse nor is it responsible for any opinion, advice, information, or statements made in the Forums by Other Users.  The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted those opinions, and may not reflect the opinions of .  

External Links: 

The links in this Community may let You leave the DiversityMarketplace.com Community. It  does not control the linked websites and  is not responsible for the content of any linked websites, the links contained on those websites, or updates or changes to any such linked websites.   is providing these links to You only as a convenience, and the inclusion of any link in the Community Content does not imply endorsement by  of any linked websites or the content contained within any such linked websites.  You agree that Your use of third party websites and resources, including without limitation Your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at Your own risk and is subject to the terms of use applicable to such websites and resources.

Jive Software, Inc.:  

Jive Software, Inc. (“Jive”) is the company that provides the platform for the DiversityMarketplace.com Community.  From time to time, Jive may be required to access our servers in connection with their provision of the platform for the DiversityMarketplace.com Community and they may therefore have indirect access to all your information on the DiversityMarketplace.com Community.  Jive has its own privacy policy which is available at http://www.jivesoftware.com/legal. You must also comply with the terms and conditions of the Jive Acceptable Use Policy located at http://www.jivesoftware.com/legal.

Responsibilities:  

Except as expressly permitted in these Terms of Use, You must not (i) permit any third party to use or access the DiversityMarketplace.com Community or the Community Content, unless such third party has on its own behalf accepted these Terms of Use, (ii) create derivative works based on the DiversityMarketplace.com Community or the Community Content, (iii) copy, frame or mirror any part of the DiversityMarketplace.com Community or the  Content, (iv) reverse engineer the DiversityMarketplace.com Community or any software supplied thereon in object code format (except to the extent this prohibition is not permitted under applicable laws), or (v) access the DiversityMarketplace.com Community in order to build a competitive product or service or to copy any features, functions or graphics of the DiversityMarketplace.com Community or Community Content.  

You shall use the DiversityMarketplace.com Community and Community Content only in accordance with these Terms of Use and all applicable laws and government regulations.  When participating in the DiversityMarketplace.com Community, You must always participate as Yourself and when applicable, correctly identify any affiliation You have with another organization.  You agree that DiversityMarketplace.com may send You important information and notices regarding the DiversityMarketplace.com Community and Your Community account by email, text messaging or other means based on the information You provide to. Each individual person is limited to one account. You shall treat Other Users with courtesy and respect.

You must not:

  • Impersonate any other person;
  • Falsely say or imply that You are associated with another person or entity;
  • Submit content in exchange for payment or other consideration from another person or entity;
  • Collect or store information about Other Users without their consent; or
  • Submit or link to any content, and/or otherwise use DiversityMarketplace.com Community in a manner that:
  • Is off-topic or unrelated to ’s specific business interests;
  • Infringes or violates the intellectual property or other rights of any person or entity;
  • Intentionally interferes with the operation of the DiversityMarketplace.com Community;
  • Violates anyone’s privacy or publicity rights;
  • Breaches any duty of confidentiality that You owe to anyone;
  • Provides any non-public information about or any other company or person without authorization (including the names and contact information for  employees);
  • Is, in DiversityMarketplace.com or related parties judgment, as harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable or unlawful;
  • Attempts to obtain any materials or information through any means not intentionally made available or provided for through the DiversityMarketplace.com Community;
  • Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware or the DiversityMarketplace.com Community; or
  • Contains false or deceptive language, unsubstantiated or comparative claims regarding it’s or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.

Please remember that You may be providing content for a diverse audience. Things that do not seem abusive, obscene, or offensive to You might seem so to others. DiversityMarketplace.com reserves the right, in it’s sole discretion and without notice to You, to remove any content submitted or posted by You to the DiversityMarketplace.com Community pages.

Terms Applicable to Specific Areas of the DiversityMarketplace.com Community and Community Content:  

Some areas of the DiversityMarketplace.com Community, including but not limited to the Developer Community, may have additional rules, guidelines, license agreements, user agreements, terms and conditions, or other terms of use (“Other Terms”) that apply to Your access or use of that area of the DiversityMarketplace.com Community.  If there is a conflict or inconsistency between these Terms of Use and Other Terms applicable to a specific area of the DiversityMarketplace.com Community or specific Community Content, the Other Terms will govern with respect to Your access and use of that area of the DiversityMarketplace.com Community or Community Content.

Trademarks:  

The trademarks, logos, trade names, and service marks (“Marks”) displayed within the DiversityMarketplace.com Community and on the Community Content are the property of DiversityMarketplace.com  or other third parties. You are not permitted to use these Marks without the prior written consent of it or other original Community Content owner[s].

Digital Millennium Copyright Act:

If we receive a notice alleging that any material You place on the Community infringes another party’s copyright, we may disable and/or terminate Your access to the DiversityMarketplace.com Community and/or remove or modify any content on the DiversityMarketplace.com Community in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).  If You believe that You have a copyright infringement claim resulting from material or content posted on the DiversityMarketplace.com Community, please contact us at: CommunityManager@DiversityMarketplace.com for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.

Termination of Use:

 

You agree that DiversityMarketplace.com may, in its sole discretion, refuse to post any of Your Content, remove any of Your Content, or at any time terminate or suspend Your access to all or any part of the DiversityMarketplace.com Community and any account(s) You may have in connection with the DiversityMarketplace.com Community for any reason and without notice.  You may discontinue Your participation in and access to the DiversityMarketplace.com Community at any time. If You breach any of the Applicable Terms, Your authorization to use the DiversityMarketplace.com Community automatically terminates.  Upon such termination, Your license to use the DiversityMarketplace.com Community and the Content will terminate immediately and You must immediately cease using, and destroy all complete and partial copies of the  Content within your possession or control.   

International Users:

Diversity Marketplace, LLC (NY) controls and operates the DiversityMarketplace.com Community from the United States and, except as expressly set forth herein, the DiversityMarketplace.com Community is not intended to subject  to the laws or jurisdiction of any state, country or territory other than that of the United States. DiversityMarketplace.com does not represent or warrant that the DiversityMarketplace.com Community or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.  In choosing to access the DiversityMarketplace.com Community, You do so on Your own initiative and at Your own risk, and You are responsible for complying with all local laws, rules and regulations.  You are also subject to U.S. and local export control laws and regulations. You represent that You are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Community Content or the DiversityMarketplace.com Community or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.Access to the DiversityMarketplace.com Community from jurisdictions where the DiversityMarketplace.com Community or the Community Content are illegal is prohibited. DiversityMarketplace.com may limit the DiversityMarketplace.com Community’s availability, in whole or in part, to any person, geographic area, or jurisdiction, at any time and in ’s sole discretion.

Disclaimer of Warranty:

DiversityMarketplace.com, Diversity Marketplace, LLC (NY) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE DIVERSITYMARKETPLACE.COM COMMUNITY OR THE COMMUNITY CONTENT,  OR ANY OTHER WEB SITES LINKED TO OR FROM THE DIVERSITYMARKETPLACE.COM COMMUNITY.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIVERSITYMARKETPLACE.COM COMMUNITY IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE DIVERSITYMARKETPLACE.COM COMMUNITY. THE DIVERSITYMARKETPLACE.COM COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW,  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  THIS DISCLAIMER OF WARRANTY CANNOT BE ALTERED, AND NO WARRANTY WILL BE CREATED, AS A RESULT OF ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAINED FROM .

Limitation of Liability:

DiversityMarketplace.com and/or Diversity Marketplace, LLC (NY), WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE DIVERSITYMARKETPLACE.COM COMMUNITY, THE COMMUNITY CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

Indemnity:

You shall indemnify DiversityMarketplace.com/Diversity Marktplace, LLC (NY), its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Your Content, Your violation of these Terms of Use, the Other Terms, or any other terms applicable to a specific area of the DiversityMarketplace.com Community or Community Content, or Your violation or infringement of any third party rights, including intellectual property rights.

General:

The parties are independent contractors.  Acceptance of these Terms of Use does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Use shall remain in effect. These Terms of Use are governed by the laws of the State of New York without giving effect to its conflict of law provisions.  Customer accepts and agrees that any action at law or in equity arising out of or relating to these Terms of Use must be filed only in the state courts located in New York County, New York, or the federal courts located in New York, New York, and Customer hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. The following sections will survive termination or expiration of these Terms of Use: Your Content Submitted to the DiversityMarketplace.com Community; Termination of Use; International Users; Disclaimer of Warranty; Limitation of Liability; Indemnity; and, General.

 

Violations:

Please report any violations of these Terms of Use to:

CommunityManager@DiversityMarketplace.com

Yes No