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| CBDi Forum Service Agreement |
1. Definitions: The CBDi Forum (Forum) is the on-line service operated by the CBDI Forum Limited consisting of bulletin-boards and publication services exclusively for CBDi Forum members. Forum members (Member) means each individual who registers as a member of the Forum, on behalf of an organisation, and makes use of the Forum. 2. By using the CBDi Forum (other than to read this Agreement for the first time), the member agrees to comply with all of the terms and conditions hereof. 3. Member is responsible for all use of the members password, and for ensuring that all use of the members password complies fully with the provisions of this Agreement. Members shall be responsible for protecting the confidentiality of members password(s). 4. Member shall use the Forum for lawful purposes only. Member shall not post or transmit through the Forum any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without CBDI Forum Limiteds express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a member that in CBDI Forum Limited discretion restricts or inhibits any other member from using the Forum will not be permitted. Member shall not use the Forum to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers or members of other on-line Forums. 5. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by members are those of the author(s) and not of CBDI Forum Limited. CBDI Forum Limited provides no guarantee over the accuracy, completeness, or usefulness of any content. CBDI Forum Limited neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made in the Forums. Under no circumstances will CBDI Forum Limited be liable for any loss or damage caused by a members reliance on information obtained through a Forum. It is the responsibility of the member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Forum. 6. Member shall not upload, post or otherwise make available on the Forum any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Forum, Member automatically grants, or warrants that the owner of such material has expressly granted CBDI Forum Limited the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also permits any other Member to access, view, store or reproduce the material for that Members personal use. Member hereby grants CBDI Forum Limited the right to edit, copy, publish and distribute any material made available on the Forum by Member. 7. MEMBER EXPRESSLY AGREES THAT USE OF THE FORUM IS AT MEMBERS SOLE RISK. NEITHER CBDI Forum Limited, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE FORUM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FORUM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE FORUM. 8. THE FORUM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. 9. IN NO EVENT WILL CBDI Forum Limited, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING THE FORUM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FORUM. 10. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER CBDI Forum Limited NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE FORUM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. CBDI Forum Limited, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, CBDI Forum Limited, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. 11. CBDI Forum Limited shall have the right, but not the obligation, to monitor the content of the Forum to determine compliance with this Agreement and any operating rules established by CBDI Forum Limited and to satisfy any law, regulation or authorised government request. CBDI Forum Limited shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Forum. Without limiting the foregoing, CBDI Forum Limited shall have the right to remove any material that CBDI Forum Limited, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 12. Member agrees to defend, indemnify and hold harmless CBDI Forum Limited, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Forum by Member. 13. CBDI Forum Limited shall have the right to immediately terminate membership in the event of any conduct by Member which CBDI Forum Limited, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. The provisions of Sections 3, 5, 6, 7, 8, 10 and 11 shall survive termination of this Agreement. 14. CBDI Forum Limited shall have the right at any time to change or modify the terms and conditions applicable to members use of the Forum, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Forum, or by electronic or conventional mail, or by any other means by which the member obtains notice thereof. Any use of the Forum by the member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions. 15. This Agreement and any operating rules for the Forum established by CBDI Forum Limited constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of England and Wales. The CBDi Forum respects the privacy of our users and does not pass on any individual information to 3rd parties without consent of the user. We ask that non-paying Bronze members provide us at a minimum with their email address so that we send them our regular newsletter regarding new content placed on the web side, and inform them of any new developments in the services provided by the forum. Providing additional information, that is not mandatory, also enables us to post other information to you from time to time via surface mail. Providing information on your geographical location enables us to more effectively schedule meetings in your area when we can see the critical mass of members would support such meetings such as Special Interest Groups. The CBDi Forum web site contains links to other Internet sites. We cannot be held responsible for the privacy practices or the content of linked Web sites. A user may cancel his registration or change registration details at any time by visiting the My Membership page. |
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