Terms & Conditions
Notice according EU-Verordnung (EU) Nr. 524/2013
Wir weisen darauf hin, dass der Link zu der Online-Plattform der EU-Kommission zur außergerichtlichen Online–Streitbeilegung (sog. OS-Plattform) derzeit noch nicht erreichbar ist. Wir werden an dieser Stelle den Link einstellen, sobald die OS-Plattform online gestellt wird.
A. Seth Bricks General Terms of Service
1. Partnership Content
The partnerships contained in Seth Bricks’s search results, or linked from those results, are created by people over whom Seth Bricks exercises no control. You acknowledge and understand that we have no control for the content of the partnership listings or other information posted therein. Seth Bricks’s partnership search results are indexed in an automated manner and Seth Bricks does not screen these partnerships. We cannot confirm that users or employers are who they claim to be. Seth Bricks assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any partnership listing, information, or web site that is either included in Seth Bricks’s search results or linked to by the Website.
The Website contains links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Seth Bricks is not responsible for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
2. Use of Seth Bricks
Seth Bricks’s Website is for your personal, non-commercial use only. If you wish to make commercial use of the Website, you must enter into an agreement with Seth Bricks to do so in advance. Please contact us for more information.
3. User Content
Some parts of the Website, such as message boards, partnership listings, and forums, may allow users to post text, information, images, audio, video, messages, and other materials, (any such materials a user submits, posts, displays, or otherwise makes available on the Website is referred to as “User Content”). Such functionality is designed to help readers obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of partnership opportunities. This User Content is provided by outside contributors, many of whom use anonymous screen names. They may occasionally post User Content, including messages or statements that are misleading, deceptive, or downright wrong. Seth Bricks does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the Website by third parties. You acknowledge that by accessing the Website, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Seth Bricks shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
Users of the Website must not post User Content or information that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any User Content that contains proprietary information, trade secrets or confidential information. User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or encourage or cause spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person) on the Website, such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Seth Bricks may remove such numbers but does not undertake any obligation to do so and undertakes no responsibility and disclaims all liability for posting of such numbers.
Although Seth Bricks has no obligation to do so, Seth Bricks may monitor messages posted on the Website and reserves the right to delete any User Content or portion thereof which violate the above rules, messages, topics that are unrelated to the specific portion of the Website on which they are posted, advertisements, recruiting or other commercial messages, and any other User Content that Seth Bricks deems in its sole discretion is inappropriate. If you believe a message violates our policies, please contact Seth Bricks immediately so that we can consider its editing or removal. Seth Bricks does not promise to remove any User Content and interpretation of whether User Content violates any Seth Bricks policy always remains within the sole discretion of Seth Bricks. Seth Bricks reserves the right to disclose all User Content and other relevant information and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests. This means Seth Bricks may honor court-mandated requests to reveal a user’s electronic address and identity.
Without limiting the generality of the foregoing, Seth Bricks reserves the right (but are under no obligation) to remove any partnership listings that directly or indirectly discriminate against applicants. Direct discrimination means that a partnership listing specifically makes it clear that they only want applicants that match a certain criteria, thereby excluding others because of their gender, race, age or disability. Indirect discrimination means that a partnership listing implicitly excludes certain classes of applicants by making it impossible for them to qualify for the partnership requirements. You understand and agree that it is your responsibility to refrain from posting any partnership listings that contain direct or indirect discrimination.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
4. Rights to Use Materials
To the maximum extent permitted by law, if you post content or submit material to Seth Bricks, including photographs, you grant Seth Bricks a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant Seth Bricks, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. When you apply for a partnership, through Seth Bricks Apply, you are sending your resume and application information to Seth Bricks, and asking Seth Bricks to share that information with a third party. As an employer, when you respond to or contact a partnershipseeker who has used the Seth Bricks Resume product, or Seth Bricks Apply, you are sharing that information with Seth Bricks and asking us to share it with the partnershipseeker. You represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Website. You agree to defend and indemnify Seth Bricks and its affiliates from any claims resulting from any content or materials you provide hereunder. If you wish to revoke your license grant for any such content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such content. Your certified letter of request must include (a) the signature of the applicable rights holder for such content or a person authorized to act on behalf of the rights holder; (b) identification of the content for which the license is to be revoked and information reasonably sufficient to allow Seth Bricks to locate and remove the content on the Website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such materials. There may be a charge for answering and executing such a request; please contact Seth Bricks for more details.
At your discretion, you may provide feedback to Seth Bricks concerning the functionality and performance of the Website from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant Seth Bricks a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Seth Bricks may disclose that Feedback to any third party in any manner and you agree that Seth Bricks has the ability to sublicense all Feedback in any form to any third party without restriction. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Seth Bricks under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, Seth Bricks does not waive any rights to use similar or related ideas previously known to Seth Bricks, or developed by its employees, or obtained from sources other than you.
5. Website Rules
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by Seth Bricks, unless you have been specifically allowed to do so in a separate agreement with Seth Bricks. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). Unless you have been specifically permitted to do so in a separate agreement with Seth Bricks, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for (and that Seth Bricks has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Seth Bricks may suffer) of any such breach.
You agree you shall not transmit to Seth Bricks or upload as part of the Website any Harmful Code or use or misappropriate the data on the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
- Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to
- sending messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
- data mining any Seth Bricks property to find contact information
- sending messages to users who have asked not to be contacted
- selling, exchanging or distributing to a third party the contact information of any person without such person’s knowing and continued consent to such disclosure
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
- Conduct or forward pyramid schemes and the like
- Transmit content that may be harmful to minors
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
- Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
- Use the Website to violate the legal rights (such as rights of privacy and publicity) of others
- Promote or encourage illegal activity
- Interfere with other Seth Bricks users’ enjoyment of the Website
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Seth Bricks account
- Modify, adapt, translate, or reverse engineer any portion of the Website
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Website
- Reformat or frame any portion of the web pages that are part of the Website without Seth Bricks’s explicit permission
- Contact other Seth Bricks users about multi-level marketing (MLM) programs, partnerships that require payment to start, and any topics Seth Bricks considers detrimental to its users
- Create multiple Seth Bricks accounts without permission
- Bypass any limitations or suspensions of functionality
- Provide false information in the course of using the Website
Seth Bricks reserves the right to use the content of messages or material sent through or to the Website or Seth Bricks to prevent potentially illegal activities and activities that are detrimental to other users. Seth Bricks reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
6. Registration – Email Address Provision
Some areas of the Website require you to register or provide an email address. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Website to any third party. Seth Bricks is not responsible and disclaims all liability if your email is used improperly and falsely by a third party.
We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.
7. Change In Service and Terms
Seth Bricks may modify or terminate the Website from time to time, for any reason, and without notice. Seth Bricks reserves the right to modify this Agreement from time to time without notice so check back often to review this Agreement.
8. Disclaimer of Warranties
Seth Bricks disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Seth Bricks results or posted on the Website by Seth Bricks or third parties. Seth Bricks disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Seth Bricks disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Website or on other sites on the Internet accessed through the Website. Under no circumstances shall Seth Bricks be liable to you or any user on account of that user’s use or misuse of or reliance on the Seth Bricks Website.
THE WEBSITE, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. Seth Bricks AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Seth Bricks AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Seth Bricks SERVICES. Seth Bricks AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. Seth Bricks AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY Seth Bricks.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Seth Bricks OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF Seth Bricks OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Seth Bricks or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. Claims of Infringement
U.S. Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Seth Bricks infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Seth Bricks to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Seth Bricks a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to Seth Bricks, Lange Strasse 31, 32051 Herford, Germany. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Other Claims of Infringement.
For claims of infringement that do not involve US copyrights, please contact us via our Website contact form.
11. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Germany, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Herford, Germany. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Herford, Germany.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Seth Bricks. This Agreement, together with any amendments and any additional agreements you may enter into with Seth Bricks in connection with the Website, shall constitute the entire agreement between you and Seth Bricks concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
By using the Website, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on the Website are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Seth Bricks’s proprietary rights in them.
You understand and acknowledge that Seth Bricks or its licensors owns all right title and interest to the Website and all proprietary rights associated therewith. Seth Bricks reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Website or any materials contained therein.
Change of Address: If you change your billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be under contract with the same Seth Bricks party for the remainder of the month in which you made the change. At the next month, your contract will be with the Seth Bricks party identified in the first paragraph of this Agreement.
Any notices to Seth Bricks must be sent to the applicable Seth Bricks entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted.
You may not assign or delegate any of your rights or obligations hereunder without Seth Bricks’s prior written consent and any such attempt is void. Seth Bricks may freely assign or delegate its rights and obligations hereunder without notice to you. Seth Bricks and you and Seth Bricks Partners are not legal partners or agents, but are independent contractors.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information through the Services.
Scam and fraudulent activities are a serious danger for any business and investment case. Seth Bricks is not responsible for any damage resulting from fraudulent activities in any case. If we get notice from such activities we will disable as soon as possible the fraudulent account.