This Terms of Use agreement (“ToU) applies to all web properties owned by, including, but not limited to www.nextdmedia.com , www.linkedhr.com , www.linkedcampus.com , www.leadercampus.com , www.linkedenergy.net , and www.linkedseattle.com (“Web Properties”) as well as to all the online forums and LinkedIn Groups linked together under the Leadership of Next D Media, LLC,  doing business as Next Dimension Media, including but not limited to, Linked:HR, The Linked:Campus, The Leader Campus™, Linked:Energy, and Linked:Seattle (“Linked Communities”).

For the purposes of this Terms of Use agreement (“ToU”), unless otherwise noted, all references to “we,”  “us,” or “our,” refer to Next D Media, LLC., doing business as Next Dimension Media and is applicable to all our Web Properties and all our Communities.

Welcome to our Linked Communities! These Linked:Communities are made up of members, influencers, partners, moderators, managers, and administrators, and are designed to help all participants to network, learn, share their expertise, and find leads, talent, jobs, training programs, solutions, know-how, peer-to-peer support, and social media & social networking best practices. We’d love to see our members to learn from each other and build their influence and profile on our Communities.

We hope that this toU will help ensure these Linked Communities are valuable to you and help all members in their personal, professional, and leadership development. The ToU also protects the interests of all our members, partners, community management team, as well as our goodwill and reputation. These terms are so important that you cannot use any of our services  unless you agree to them. By using our online forums, LinkedIn groups, web properties, and/or any of our product and services (“Services”, you are agreeing to these terms.

We will enforce and ensure compliance with this ToU by using methods we consider to be appropriate. Users violating this ToU will be held responsible.

We reserve the right to modify these ToU at any time without giving you prior notice. You can find the most recent version here. Your use of our Services, following any such modification constitutes your agreement to follow and be bound by these ToU as modified. You agree to review the ToU on a regular basis and always remain in compliance.

1. Additional Definitions

“Agreement” or “ToU” means this ToU and all materials referred or linked to in here.

“Linked Communities Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of our Services, whether by us, our members, or other users of our Services. Linked Community Content does not include Your Content.

"Sensitive Information" means any data that must be protected from unauthorized access to safeguard the privacy or security of the users of our Services:

• Personally Identifiable Information (PII) that can be traced back to an individual and that, if disclosed, could result in harm to that person, including, but not limited to biometric data, medical information, personally identifiable financial information (PIFI), and unique identifiers such as passport or Social Security numbers.
• Sensitive business information, including, but not limited to  confidential but limited to trade secrets, acquisition plans, financial data and supplier and customer information, and methods of protecting corporate information.
• Classified information, such as restricted, confidential, secret and top secret government information.

"Third-Party Sites" means third-party websites linked from within or accessed through our Services;

"You" or "your" means you and anybody using our Services;

"Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of our Services, by you.

2. Access to Our Services

We will provide you access to our Services according to the terms of this Agreement.  We may use third party service providers to provide some or all elements of our Services.  In order to access and use our Services, you may be required to establish a username with a third party service provider, and you grant us the right to share the information necessary to enable your use of our Services with our third party service providers.

You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses any of our company’s brand names as all or part of it, unless we provide express permission to do so, or (vii) we reject, which we may choose to do in our discretion.  All information you provide in your profile must be accurate. If you believe your access to or use of our Services has been breached, compromised, or unauthorized, notify us immediately at management@nextdmedia.com

3. Your Conduct and Content

a.  Linked Communities Usage Guidelines: Our Linked Communities are meant to provide all professionals with a virtual place to meet, interact, and share ideas with each other. For the benefit of our million and hundreds of thousands of members, there are a few guidelines we hope will result in a pleasant experience for all:

• Participate! There are lots of ways you can engage with your community: Liking, sharing, commenting, and submitting posts; following, inviting, and assisting other members; and inviting your friends and peers to use our Services;
• Be kind, polite, respectful, professional, and constructive;
• Post and comment only in English, as our Linked:Communities are global and group members and managers must be able to understand all postings.
• Post and comment only on topics, which are clearly related to the name of the online forum or LinkedInGgroup you are participating to;
  In English.
• Complete your profile, including your picture, bio, and your major accomplishments and keep your profile updated;
• Post Jobs only in our Free Job Board
• Post promotions only in our Free Promotion Board
• Post Resources, Blogs, Q&A, Survey and Polls, Experience-Sharing, and other resources in their appropriate place;  
• Follow the Rules and Terms of Use, which are specific to the online forums and LinkedIn Group in which you post, as well as the Social Media (such as LinkedIn) and eLearning platform we are using.
• Strictly abide by all “Acceptable Use” listed in section b, hereafter, and this entire ToU.

1.  Acceptable Use: You will use our Services for its intended purpose only, and will not use it for solicitation or advertising purposes, unless we otherwise agree.  Your Content should follow our Linked Communities Usage Guidelines. Our Linked Communities are meant for public discussion, so you may not disclose or solicit anyone's private information or disclose confidential information.  You are responsible for the use by third parties of any personal information disclosed by you to our Services, whether or not you permitted such use. This means that no private or personal information should be exchanged within our Services.  If you include contact information or a link as part of your signature information, which members may click to leave our Services and obtain your contact information, you grant us and all members the right to use your shared information, further share your information with trusted partners so that they may contact you about inbound marketing or sales service offerings. You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in our Services or Linked Community Content.  In addition, and without limiting the other requirements in this ToU, you may not (directly or indirectly) use our Services with content, or in a manner that:

• Is in violation of this Agreement;
• is confidential, proprietary or discloses Sensitive Information;
• discloses or solicits the private information of any person;
• is threatening, abusive, harassing, stalking, or defamatory;
• is deceptive, false, misleading or fraudulent;
• is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
• contains vulgar, obscene, indecent or unlawful material;
• infringes a third party's intellectual property right(s);
• publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
• uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
• downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
• falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
  restricts or inhibits any other user of our Services from using and enjoying our website and/or the our product;
• harvests or otherwise collects information about others, including e-mail addresses, without their consent;
• damages, disables, overburdens, or impairs any our website or interferes with any other party's use and enjoyment of our Services;
• mirrors or frames our Services website, or any part of it, on any other website or webpage;
• attempts to gain unauthorized access to our Services, or access our Services by any means other than through the interface that we provide to you;
• violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
• is legally actionable between private parties; and/or
• is in violation of any applicable law or regulation.

1.  Suspension and Notice of Violations. We may immediately suspend use of our Services, without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content).  If you know of usage that is in violation of this Agreement, please let us know by contacting us at management@nextdmedia.com, with the name of our online forum or LinkedIn Groups, where the Violation occurred, as well as the URL of and/or screen copy of the violating post.
   
   
2.  Claims of Copyright Infringement.  

We respect the intellectual property rights of others, and we ask our users to do the same. We may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.  If you believe that your work has been copied in a way that constitutes infringement on our website, please let us know by contacting us at management@nextdmedia.com, with the name of our online forum or LinkedIn Groups, where the Copyright Infringement occurred, as well as the URL of and/or screen copy of the copyright infringing post.

e.  Our Use of Your Content: You only grant to us those rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the operations of our Services, within our Web Properties and within the Linked Communities. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion.

4. Our Proprietary Rights: You are not granted a license to any software by this Agreement. The our products are protected by intellectual property laws, they belong to and are the property of us or our licensors, and we retain all ownership rights to them. Our trademarks include, but are not limited to our brands using a ™  and you may not use any of these without our prior written permission. We encourage all members to comment on the our Services provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the our products, without payment or attribution to you.

5. Third-Party Sites and Products: Third-Party Products and Third-Party Sites are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warranty the Third-Party Site or Product.

6. Term and Termination

a.  Term: This Agreement will apply for as long as you use or maintain a username for our Services.

b. Termination and Suspension:  We may terminate this Agreement and/or suspend your access to our Services immediately if you: (i) violate any of the terms of this Agreement, (ii) use our Services in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion.  We are not obligated to provide you with any of Your Content used in connection with our Services after termination. Termination or expiration of this Agreement shall not cause your subscription agreement to be terminated, if you have one.

7. Your Representations and Warranties

You represent and warrant that: (i) your participation in our Services will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of our Services, and that you are not violating any confidentiality obligations by submitting Your Content to our Services, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.

8. Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, administrators, group/community/forum management team, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of our Services, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites.

We will notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

9. Disclaimers; Limitations of Liability

a. Disclaimer of Warranties: WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF OUR SERVICES, OR THE LINKED COMMUNITIES CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO OUR SERVICES AND THE LINKED COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OUR SERVICES AND LINKED COMMUNITIES CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

b. No Indirect Damages: TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

c. Limitation of Liability: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.

d.  Third Party Products and Sites:  WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE our Services TO YOU.

10. General

a. Amendment; No Waiver: We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted here. The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the "Last Modified" date, at the bottom of this document, will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use our Services.

b. Applicable Law: This Agreement shall be governed by the laws of the State of Washington, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Boston, Massachusetts.

c. Force Majeure: Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

d. Relationship of the Parties: Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

e. Compliance with Applicable Laws: You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Community Content and the our products and services. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Community Content or the our products and services to prohibited countries or individuals or permit use of the Community Content or the our products and services by prohibited countries or individuals.