Terms of Service

B2B Marketing Excellence

Updated: February 2008

Thank you for registering on the B2B Expert’s Forum, an online service for professional business marketers.

These terms of service cover your use of the B2B Marketing Excellence website and for creating and enjoying a user account on the B2B Expert’s Forum.

By registering with B2B Marketing Excellence (“B2B Marketing Excellence” or “us”), subscribing to the B2B Expert’s Forum or submitting a contact form, you are agreeing to these terms of service (“Terms of Service” or “Terms”).

Description & Definitions
B2B Marketing Excellence offers a social networking service, B2B Expert’s Forum (“Service”). We’ve defined some relevant terms:

Forum

The B2B Expert’s Forum includes content created by users or by us and provided, through the use of the B2B Expert’s Forum, for users to connect with other users online. The Forum includes features such as user profiles and posts, friends, comments, recommendations, forums, wiki knowledge base and media sharing.

Users

Individuals who register for the Forum create, find, visit, use, and contribute to the Forum, which can include posting content or responding to content.

Content

Any work of authorship, including user profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the B2B Expert’s Forum. Users upload content to the Forum, which other users have access to.

Ownership of Content

B2B Marketing Excellence Content
B2B Marketing Excellence publishes content through its web site, B2B Expert’s Forum and blog (blog.b2bmarketingexcellence.com) which is copyrighted “All Rights Reserved” and owned by B2B Marketing Excellence.

Your Content
B2B Marketing Excellence does not claim any ownership rights in the content you post in the B2B Expert’s Forum; you own the content you create and upload (“your content”) and you continue to have the right to use your content in any way you choose.

Licenses to Content

License from B2B Marketing Excellence
B2B Marketing Excellence publishes content through its web site, B2B Expert’s Forum and blog (blog.b2bmarketingexcellence.com) which is copyrighted “All Rights Reserved” which allows users to quote these materials or make them available to third parties with attribution to B2B Marketing Excellence including the presence of our marks and copyrights intact. However, users are not licensed to attribute them – in whole or in part – to another party including themselves; sell them; sell access to them or otherwise profit from their redistribution. All B2B Marketing Excellence carrying the “All Rights Reserved” and copyright notices are considered protected content and may not be redistributed other than in the manner described in this document.

Certain materials will enjoy limited distribution to users who have attended a B2B Marketing Excellence course or otherwise obtained rights to a premium level of service. The same “All Rights Reserved” protections apply to materials obtained under these limited distribution arrangements.

B2B Marketing Excellence does not grant you any rights to another user's content.
License from You

Your content remains yours. We claim no ownership interest in the content you provide when using the Forum. However, by posting content to the member’s-only section of the Forum, you are granting a license to other members to view and use your content under the terms you post along with your content (making it “protected content”). After posting your content, you continue to retain all ownership rights in such content.

You are responsible for making sure that you have all rights in the content you post that are necessary for you to post content available for others to use under the terms you list with it. If you do not list any terms, you are making it available to other Forum users without limitation. As a courtesy to other users, we ask that all users provide attribution when redistributing or referencing others’ content found on the Forum. It is not expected that any information posted by users to the Forum will retain any rights of confidentiality or non-disclosure.

By posting content to the wiki resident in the Forum, you are granting other users the right to modify your content and you have the right to modify their content as well.
B2B Marketing Excellence reserves the right to modify content in order to format content to meet technical requirements, and we reserve the right to publicly perform or publicly display content within the Forum so that other users may view it.

Proprietary Rights

Content
You agree to comply with the license and restrictions applicable to each item of content you post, copy, access, or use.

You agree that all the intellectual property in the B2B Expert’s Forum, other than the content you provide, is owned by B2B Marketing Excellence or the applicable user(s). Except as expressly permitted under these Terms, you agree not to:

a.   Modify, distribute, or create derivative works based on the B2B Expert’s Forum.
b.   Run, rent, lease, loan, or sell access to the B2B Expert’s Forum.
c.   Decompile, reverse engineer, or copy the B2B Expert’s Forum; and
d.   Reproduce or distribute any protected content outside the applicable network.

Trademarks
B2B Marketing Excellence, the B2B Expert’s Forum, blog and other related graphics, our logo and sub-logos, B2B Marketing Excellence marks, and trade names used on the B2B Expert’s Forum are the trademarks of B2B Marketing Excellence and may not be used without permission. Other trademarks, B2B Expert’s Forum marks, and trade names that may appear on B2B Marketing Excellence are the property of their respective owners.
Accounts, Passwords, and Security.

You must be a registered user to a profile on the B2B Expert’s Forum. As a user, you are responsible for keeping your password secure. B2B Expert’s Forum IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your B2B Marketing Excellence ID.

Content and Interaction

You agree to comply with the license and restrictions applicable to each item of content you post, copy, access, or use.

Content from other users or advertisers is made available to you through the B2B Expert’s Forum and blog. Because B2B Marketing Excellence does not control such content, you agree that B2B Marketing Excellence is not responsible for any such content, including advertising and information about third party products or services.

Your interactions with other users on the B2B Expert’s Forum, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the user. Like with any web-based interaction, we suggest that you use caution and good judgment.

You agree that B2B Marketing Excellence is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's use or disclosure of your personal data (as defined in the PRIVACY POLICY). If there is a dispute between you and any third party (including any user), B2B Marketing Excellence is under no obligation to become involved.

You release B2B Marketing Excellence, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other users, and/or (ii) the B2B Expert’s Forum.

As a member of the B2B Expert’s Forum, you agree to behave responsibly within the community, to respect the time and professionalism of other members, and to heed moderator’s requests to change your behavior if others deem it disruptive. Should we use the term member rather than user since we are trying to create a community?

Premium Services
B2B Marketing Excellence may offer premium services on the B2B Expert’s Forum, available for a fee or to course attendees. If you choose to sign up for a paid premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.

Support and Performance
B2B Marketing Excellence provides standard online help documentation in the use of the Forum. We provide email customer support via the contact form for all reasonable requests for assistance.

Acceptable Use and Conduct

You are solely responsible for your conduct and content on the B2B Expert’s Forum.
As a user of B2B Marketing Excellence's free service, you agree not to include any advertising, including ads served via an ad-server service like Google AdSense, in content you provide on B2B Marketing Excellence. You also agree not to post or make available any content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms. You also agree not to post, email, or otherwise make available any content that:

Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way.
Harasses, degrades, intimidates or is hateful toward an individual or group of individuals.
Impersonates a B2B Marketing Excellence employee or user or falsely states or otherwise misrepresents your affiliation with a person or entity.
Includes personal or identifying information about another person without that person's explicit consent.
Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”.
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending.
Constitutes or contains any form of advertising or solicitation if (1) posted in content; or (2) emailed to users without their explicit permission to receive such unsolicited advertisements.
Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law.
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the B2B Expert’s Forum, or that otherwise negatively affects other users' ability to use the B2B Expert’s Forum.
Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the B2B Expert’s Forum.

Additionally, you agree not to:

“Stalk” or otherwise harass anyone.
Collect personal Dpta about other users for commercial or unlawful purposes.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from social networks and the B2B Expert’s Forum - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved.”
Post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on B2B Marketing Excellence's infrastructure.
Attempt to gain unauthorized access to B2B Marketing Excellence's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the B2B Expert’s Forum.
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the B2B Expert’s Forum or any network.

Privacy and Spam
You agree to comply with all applicable laws with respect to:

any collection, use, or disclosure of personal data (as that term is defined in the B2B Marketing Excellence PRIVACY POLICY), and
email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.

You agree to comply with all relevant aspects of the B2B Marketing Excellence PRIVACY POLICY. You agree not to collect or use personal data except as permitted by the B2B Marketing Excellence PRIVACY POLICY. You agree not to use any personal data disclosed to you by your use of the Forum for any purpose other than using the B2B Expert’s Forum for its intended purposes in accordance with these Terms and the PRIVACY POLICY. You agree not to harvest any email addresses the B2B Expert’s Forum for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from children under the age of 13.

If you obtain personal data about other B2B Marketing Excellence users through your use of the Forum, you agree to (1) comply with applicable law and B2B Marketing Excellence's rules (including the PRIVACY POLICY and anti-spam policy) with respect to such personal data and (2) to indemnify B2B Marketing Excellence for your use of such personal data.
You agree to allow other B2B Expert’s Forum members to contact you using the information you choose to place in your profile (email required) in the secure section of the B2B Marketing Excellence site for purposes of sharing professional experience and information. You are not obligated to respond and you are free to notify the site moderators of any behavior you believe is inappropriate by other users.

Copyright Infringement by Users

You as a user of the Forum, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by B2B Marketing Excellence) that specified content provided by another user infringes that third party's copyrights. If you do not promptly address the concerns specified in the notice, B2B Marketing Excellence take action to remedy the situation without any liability to you or to the user that posted such content.

B2B Marketing Excellence maintains and enforces a policy of terminating the accounts of users who are repeat copyright infringers.

Your Account

Term
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if B2B Marketing Excellence decides, in its sole discretion, to discontinue the B2B Expert’s Forum.

Deactivating Your Account
You may deactivate your B2B Marketing Excellence account at any time, for any reason, by following the instructions on B2B Marketing Excellence.

B2B Marketing Excellence has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the B2B Expert’s Forum or any network, or remove and discard any content without notice and for any reason.

Effects of Deactivating An Account
Upon deactivating your account, these Terms terminate and your access rights to the B2B Expert’s Forum will immediately cease to exist. The code for the network(s) associated with your account will be deactivated; however, as previously mentioned, content may remain on the B2B Expert’s Forum in places other than your account (e.g., wiki). For content you wish to delete from the B2B Expert’s Forum, you can delete it by do so manually in each of the places to which you've contributed. B2B Marketing Excellence is not responsible for deleting content on your behalf. Note that, even if content is deleted from B2B Marketing Excellence's active servers, it may remain in archives. B2B Marketing Excellence will have no obligation to refund any fees paid for premium services.

Survival
The provisions under the following headings will survive termination of these Terms for any reason: Licenses from You (under heading “Licenses to Code”), License from You (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.

Changes to B2B Marketing Excellence and the B2B Expert’s Forum
B2B Marketing Excellence reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the B2B Expert’s Forum or any part thereof with or without notice. B2B Marketing Excellence will not be liable to you or to any third party for any modification, suspension or discontinuance of the B2B Expert’s Forum.

Disclaimer of Warranties

YOUR USE OF THE B2B EXPERT’S FORUM, AND ALL CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE B2B EXPERT’S FORUM AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. B2B MARKETING EXCELLENCE AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER B2B MARKETING EXCELLENCE NOR ANY USER MAKES ANY WARRANTY THAT THE B2B EXPERT’S FORUM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity
You agree to indemnify, defend, and hold harmless B2B Marketing Excellence, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:

any content you submit, post, transmit, or make available through the B2B Expert’s Forum;
your use or misuse of the B2B Expert’s Forum;
your connection to the B2B Expert’s Forum;
your violation of these Terms; or
your violation of any rights (including intellectual property rights) of a third party.

Limitation of Liability

YOU AGREE THAT B2B MARKETING EXCELLENCE SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF B2B MARKETING EXCELLENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE B2B EXPERT’S FORUM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE B2B EXPERT’S FORUM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO B2B MARKETING EXCELLENCE BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

Updates to Terms of Service
These Terms may be updated or changed by B2B Marketing Excellence from time to time upon B2B Marketing Excellence's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify B2B Marketing Excellence to terminate your account.

In addition to these Terms, you will comply with all policies applicable to B2B Marketing Excellence and the B2B Expert’s Forum, which policies are (i) either posted in the B2B Expert’s Forum or provided to you and (ii) incorporated by reference into these Terms.

General
The failure of B2B Marketing Excellence to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your B2B Marketing Excellence account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.

Any unauthorized use of any B2B Marketing Excellence computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.). Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

The other Users of the B2B Expert’s Forum are intended third party beneficiaries of your obligations under these Terms.

B2B Marketing Excellence may assign these Terms to any successor or purchaser of B2B Marketing Excellence or all or substantially all of its assets.

Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.

These Terms shall be governed by the laws of the State of Virginia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

These Terms, which incorporate the B2B Marketing Excellence PRIVACY POLICY and the B2B Marketing Excellence Policies, constitutes the entire agreement between you and B2B Marketing Excellence and governs your use of the B2B Expert’s Forum, superseding any prior agreements (whether written or oral) between you and B2B Marketing Excellence regarding the subject matter hereof.

USE OF THE B2B EXPERT'S FORUM SERVICE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF SERVICE

Contacting B2B Marketing Excellence

Users with questions about the B2B Marketing Excellence PRIVACY POLICY and any of the aforementioned statements may contact B2B Marketing Excellence the following ways.

E-Mail: info@b2bmarketingexcellence.com

Feedback: We welcome your feedback on this document.

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