CBDI Forum Service Agreement
1. Definitions: The CBDI Forum (Forum) is the on-line service owned and operated by Everware-CBDI, Inc. consisting of social network sites and publication services for the benefit of CBDI Forum members. A Forum member (Member) means each individual who registers as a member 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 member's password, and for ensuring that all use of the Member's password complies fully with the provisions of this Agreement. Members shall be responsible for protecting the confidentiality of Member's 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 Everware-CBDI, Inc's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Member that in Everware-CBDI, Inc 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 Members 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 Everware-CBDI, Inc. Everware-CBDI, Inc. provides no guarantee over the accuracy, completeness, or usefulness of any content. Everware-CBDI, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made in the Forums. Under no circumstances will Everware-CBDI, Inc. be liable for any loss or damage caused by a Members reliance on information obtained through the 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. Everware-CBDI, Inc. copyrighted materials may not be published on other web sites or other channels without the written permission of Everware-CBDI, Inc. Quotations or short extracts may be republished with proper attribution given to Everware-CBDI, Inc. and the CBDI Forum.
7. Members may create derivative works from Everware-CBDI, Inc. publications for their own organization's purposes providing attribution is made as follows: "Portions of this document include intellectual property of Everware-CBDI, Inc. and its licensor(s) and are used herein under license. Copyright 2010 Everware-CBDI, Inc. and its licensors."
8. Members may not create derivative works for use in delivering services to customers unless there is an executed and active agreement between Everware-CBDI, Inc. and Member or Member's organization that allows the creation and distribution of such derivative works.
9. Member shall not sell, copy, re-host, transfer, distribute, rent, lease, sublicense, lend, assign or timeshare any Everware-CBDI, Inc. materials for purposes external to their own organization.
10. 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 Everware-CBDI, Inc. 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 Member's personal use. Member hereby grants Everware-CBDI, Inc. the right to edit, copy, publish and distribute any material made available on the Forum by Member.
11. MEMBER EXPRESSLY AGREES THAT USE OF THE FORUM IS AT MEMBER'S SOLE RISK. NEITHER EVERWARE-CBDI, INC., 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.
12. 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.
13. IN NO EVENT WILL EVERWARE-CBDI, INC., 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.
14. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER EVERWARE-CBDI, INC. 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. EVERWARE-CBDI, INC., ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, EVERWARE-CBDI, INC., 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.
15. Everware-CBDI, Inc. 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 Everware-CBDI, Inc. and to satisfy any law, regulation or authorised government request. Everware-CBDI, Inc. 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, Everware-CBDI, Inc. shall have the right to remove any material that Everware-CBDI, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
16. Member agrees to defend, indemnify and hold harmless Everware-CBDI, Inc., 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.
17. Everware-CBDI, Inc. shall have the right to immediately terminate membership in the event of any conduct by Member which Everware-CBDI, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. The provisions of Sections 5, 6, 7, 8, 9, 11, 12, 13, 14, and 16 shall survive termination of this Agreement.
18. Everware-CBDI, Inc. 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.
19. This Agreement and any operating rules for the Forum established by Everware-CBDI, Inc. 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 the United States of America.
20. The CBDI Forum respects the privacy of our Members and does not pass on any individual information to 3rd parties without consent of the Member.
21. Everware-CBDI reserves the right to share Member details with other Members sharing the same email domain.
22. The Everware-CBDI, Inc. and CBDI Forum web sites contains links to other Internet sites. We cannot be held responsible for the privacy practices or the content of linked Web sites.
23. A Member may cancel his registration or change registration details at any time by visiting the My Membership page.