TERMS OF USE

This web site (this "Site") is provided by Purple Penguin Media Ltd ("Purple Penguin Media Ltd"), conditional on your acceptance of the Terms of Use of use set forth below (the "Terms of Use"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms of Use for each use and each visit of this Site. If you do not agree to abide by these Terms of Use, you should not use this Site or download or use Materials from it. These Terms of Use apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Purple Penguin Media Ltd. In case of inconsistency between these Terms of Use and any other agreement you may have with Purple Penguin Media Ltd, the other agreement shall prevail, but only to the extent of the inconsistency.

1. CHANGES TO TERMS OF USE

Purple Penguin Media Ltd has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms of Use frequently for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.

2. CHANGES TO THIS SITE

Purple Penguin Media Ltd may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iii) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. Purple Penguin Media Ltd reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

3. PERMITTED AND PROHIBITED USES

The Site may be used only for lawful purposes by individuals seeking recruitment website development services. You agree to use the Site only to send Content and receive Materials that are proper and related to purpose of the Site.

Subject to these Terms of Use, Purple Penguin Media Ltd grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of Purple Penguin Media Ltd; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from Purple Penguin Media Ltd; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. Purple Penguin Media Ltd will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Purple Penguin Media Ltd reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in Purple Penguin Media Ltds sole discretion is objectionable or in violation of these Terms of Use.

4. PROPRIETARY RIGHTS

Limited License and Copyright. This Site, including all Materials, is protected by UK and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Purple Penguin Media Ltd does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Purple Penguin Media Ltd.

Trademarks. The Services names, Purple Penguin Media Ltds and logos used on this Site may be trademarks, including registered trademarks of Purple Penguin Media Ltd. Such Services names, Purple Penguin Media Ltds and logos of Purple Penguin Media Ltd may not be copied, imitated or used, in whole or in part, without the prior written consent of Purple Penguin Media Ltd. Other services and Purple Penguin Media Ltds mentioned on this Site may be the trademarks of their respective owners.

Reservation of Rights. Purple Penguin Media Ltds Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Purple Penguin Media Ltd reserves all such rights.

Software. Any software as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of Purple Penguin Media Ltd or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

5. LINKS AND THIRD PARTY CONTENT

Certain links on this Site may take you to other web sites. Purple Penguin Media Ltd provides these links only as a convenience. These linked sites are not necessarily under the control of Purple Penguin Media Ltd. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
Purple Penguin Media Ltd is not responsible for the contents of any such linked page or any other page not under its control. Purple Penguin Media Ltd makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that Purple Penguin Media Ltd sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Purple Penguin Media Ltd.

6. AGREEMENT TO PRIVACY POLICY

You agree to abide by Purple Penguin Media Ltd's Privacy Policy, which is incorporated by reference into these Terms of Use.

7. DISCLAIMERS

You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. Purple Penguin Media Ltd makes no representation or guarantee of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. Purple Penguin Media Ltd expressly disclaims all representations, warranties and conditions, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Purple Penguin Media Ltd does not guarantee that this site will continue to operate, operate without interruptions or that it will be error-free.

8. LIMITATION OF LIABILITY

You agree that Purple Penguin Media Ltd and any third party mentioned on this site will not be responsible or liable for any loss or damages whatsoever, including without limitation indirect, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this site, the materials, any content provided or any linked website of a third party, even if Purple Penguin Media Ltd, or such a third party has been advised of the possibility of such damage or loss. In any event, you agree that Purple Penguin Media Ltd's aggregate liability for damages shall be limited to £100.

The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

9. INDEMNITY

You agree to defend, indemnify and hold harmless each of Purple Penguin Media Ltd, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms of Use.

10. CHOICE OF LAW

This Site is controlled, operated and administered by Purple Penguin Media Ltd from its offices within Yorkshire, UK. Purple Penguin Media Ltd makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside the UK. If you access this Site from outside the UK, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms of Use shall be interpreted, construed and governed by the laws in force in England & Wales, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms of Use shall be commenced in England. Each party hereby agrees to submit to the jurisdiction of the courts of England & Wales and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

11. ARBITRATION

Any and all disputes arising out of these Terms of Use, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms of Use and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in England, in English and governed by the laws of England & Wales. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the UK and is independent of either party.

Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

12. GENERAL

(i) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms of Use constitute the entire agreement between Purple Penguin Media Ltd and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (vi) No changes to these Terms of Use shall be made except by a revised posting on this page.