brighttalk.com
GENERAL USER AGREEMENT
Date of Last Revision: 10 June 2009
PLEASE READ THIS GENERAL USER AGREEMENT CAREFULLY. BY ACCEPTING THESE TERMS OR ACCESSING OR USING BRIGHTTALK.COM OR THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE BRIGHTTALK.COM OR ANY OF THE SERVICES.
1 brighttalk.com
In this General User Agreement (the "Agreement") the following definitions shall apply:
(i) "brighttalk.com" means Web sites with the brighttalk.com domain;
(ii) "Channel" means a BrightTALK™ an embeddable webcast player on which the Channel Owner can provide Subscribers with access to upcoming, live and recorded webcasts using self service applications;
(iii) "Channel Owner" means someone who sets up, manages, and populates a Channel;
(iv) "Channel Selection Page" means a page on brighttalk.com for prospective Channel Owners which details the functions and services available for each category of Channel and the cost of each Channel option;
(v) "Content" means all webcasts and other content that is placed on brighttalk.com including, without limitation, video, music, audio, photographs, images, text, trade mark, copyrighted work, any digital file, any live event;
(vi) "Conference" means a BrightTALK™ Conference which is an online seminar, with multiple presentations and speakers, that is broadcast live and also available for later on-demand viewing;
(vii) "Presenter" means someone who delivers a presentation in a webcast;
(viii) "Sponsor" means someone who sponsors a Conference, Summit or webcast in exchange for brand promotion and thought leadership opportunities and for lead generation where applicable;
(ix) "Subscribers" means those who have subscribed to a Channel or Conference ;
(x) "Summit" means a collection of various webcasts on a particular topic that may or include webcasts from more than one Channel
(xi) "Users" means all Channel Owners, Presenters, Sponsors and Subscribers;
(xii) "You" means you, or, if you are accepting on behalf of your employer or another entity, "You" means that employer or entity;
(xiii) "Your Channel" means any Channel for which you are the Channel Owner;
(xiv) "Your Data" means information that you are required to provide to complete the registration process;
(xv) "Your Content" means any Content that is placed and/or provisioned by You on brighttalk.com.
Welcome to brighttalk.com. brighttalk.com is owned and managed by BrightTALK Ltd, and from time to time its subsidiary corporations, its successors and its assigns (collectively referred to as "BrightTALK"). Please note, Users based in the United States and Canada will be contracting with BrightTALK Inc. brighttalk.com provides a network of internet-based services enabling Channel Owners and Sponsors to upload, manage, distribute and transmit live and recorded content through their Channel(s) and Conference pages, respectively, and for Subscribers to view that content by subscribing to the Channel(s), and Conference(s) and attending or viewing Summits and webcasts. Users of the services are required to first set up an account by completing the registration process and to accept the terms and conditions of this Agreement. Users wishing to be Channel Owners must select a Channel option on the Channel Selection Page. Users wishing to be Sponsors must enter a sponsorship agreement with BrightTALK.
2 THE AGREEMENT
This Agreement sets out the terms and conditions on which You or the User may access and use the Services (defined below). You must read and accept all the terms and conditions of this Agreement and the BrightTALK Privacy Policy before you access or use the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If You do not agree to be bound by the terms and conditions of this Agreement and the BrightTALK Privacy Policy, You may not use nor access the Services. If you are accepting this Agreement on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. In this case "You" also means that employer or entity.
In this Agreement: "Services" means:
- in general, any service provided on, through or by brighttalk.com, and in particular the facility for all Users to post, submit, subscribe to view and at times interact with Content in brighttalk.com;
- in the case of Channel Owners, in addition the specific features set out in the Channel Selection Page according to their Channel selection;
- in the case of Presenters, the services provided to enable the Presenter to deliver a presentation in the webcast; and
- in the case of Sponsors the specific services set out in a sponsorship agreement between the Sponsor and BrightTALK.
BrightTALK reserves the right to modify the terms of this Agreement at any time by placing the revised terms on this website and in the case of material changes you will be notified by email. Your continued use of the Services following the posting of the revised terms on this website, or the passage of fifteen (15) business days from the time of such posting shall be deemed to constitute Your acceptance of such modification. Notwithstanding the above, (a) any change in Channel service fees posted on brighttalk.com will not apply to You during the Term in which such a change is posted; and (b) You will be entitled to the features associated with Your Channel on the commencement of this Agreement, and of each subsequent Term, for the duration of such Term and the only Service changes applicable to Your Channel during any Term will involve the addition of new or improved features.
Unless stated otherwise any new Services introduced from time to time shall be subject to this Agreement. Further, brighttalk.com may specify different registration procedures and separate terms and conditions attaching to certain of its Services.
3 CONDITIONS AND RESTRICTIONS OF USE
3.1 User Eligibility
You may not set up a brighttalk.com account if You are under the age of 18 or if You have been banned suspended or had an account removed from the network by BrightTALK for any reason. If you set up an account, you are representing and warranting that you are at least 18 years of age. You may not have more than one account. You may not sell or otherwise transfer your account to another party. If you are not eligible, you may not use brighttalk.com.
3.2 Registration and User Information
In order to use or access the Services, You are required to set up your account by completing the registration process which requires You to provide Your Data. In consideration of the use of the Services, in registering and providing such data, you represent and warrant that: a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by registration process, b) you will maintain and promptly update Your Data to keep it true, accurate, current and complete; and c)†you will maintain the security of your password and identification. You agree to accept all risks of unauthorized access not directly caused by BrightTALK negligence to Your account and the registration data and any other information you provide to BrightTALK. If you provide any information that is untrue, inaccurate, not current, or incomplete, or BrightTALK has reasonable grounds to suspect that such information is untrue, inaccurate, or not complete, BrightTALK has the right to suspend or terminate your account and refuse any and all current or future use of the Services. BrightTALK will collect information about Your use of the Services, including, without limitation, the Channels and Conferences You subscribe to and/or the Summits, webcasts and Content You view. BrightTALK will use and reuse Your Data and information about your viewing patterns subject to the BrightTALK Privacy Policy.
3.3 Fees and Payment Terms
The fees and payment terms, if any, applicable to (a) Subscribers, are identified on the subscription page for each Channel or Conference; (b) Channel Owners, on the Channel Selection Page on the commencement of this Agreement and on any subsequent Term; and (c) Summits and webcasts, on the page from which such Summits and webcasts are accessed. You agree to pay the fees, if any, in accordance with the terms, in connection with the Services you select. If fees are due to be paid for Your use of the Services, unless specified otherwise in the payment terms, BrightTALK shall issue invoices to You at the address You provided on registration setting out such fees and any applicable taxes (a) quarterly in advance in respect of fixed monthly fees; and (b) monthly in arrears in respect of one time or variable fees. You agree to pay the full amount of all invoices issued by BrightTALK to You within fifteen (15) business days after the date of each invoice. Unless specified otherwise in the payment terms, all payments are to be made by cheque or electronic transfer according to the bank details contained in the invoice. If You are late in paying any invoices, then BrightTALK may if it wishes to do so charge interest after the due date on all unpaid amounts at a rate of four percent (4%) per year above the US Federal Funds Rate for the time being. If You fail to pay fees invoiced by BrightTALK within fifteen (15) business days following the payment due date, then in addition to any other rights BrightTALK may have, BrightTALK shall have the right to suspend delivery of the BrightTALK Services to You in whole or in part.
3.4 Licence to Use brighttalk.com Services
Subject to the terms and conditions of this Agreement, BrightTALK hereby grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable, worldwide right to use the Services solely for the purposes described in this Agreement and to the extent permitted by the rights acquired in connection with Your account or with any Content. All rights not expressly granted to You are reserved by BrightTALK and its licensors. Except as expressly permitted by BrightTALK, You shall not: (a) licence, sublicence, sell, resell, transfer or assign, the Services in any way; (b) modify or make derivative works based upon the Services; (c) reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Content or Your access to or usage of the Services; (d) rent, lease or otherwise transfer rights to any aspect of the Service or the Content; (e) take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the Services; (f) use any data mining, robots or similar data gathering or extraction methods or (g) use any of the Content or the Services other than for its intended purpose. You further agree that upon termination, suspension or expiration of this licence, You shall no longer have the right to use the Services or display, download or make available any Content from brighttalk.com. This licence shall terminate automatically upon the termination or expiration of this Agreement.
You acknowledge and agree that your rights to view Content provided by the Services is strictly limited to the terms of this Agreement and to any terms of those rights that you obtained in connection with any Content. Except as expressly permitted by such rights, you may not copy, reproduce, modify, publish, transmit, distribute, transfer, sell or in any way exploit any Content obtained through the Service, other than by its display through embedding a brighttalk.com player on Your Web site.
3.5 Content
You acknowledge that BrightTALK does not screen or review Content on the Services to determine whether amongst other things, it contains false, defamatory, offensive, indecent, or objectionable material or contains errors and/or omissions. However, BrightTALK reserves the right, and has absolute discretion, to monitor, screen, edit or remove any Content posted on brighttalk.com or accessed through the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on brighttalk.com at your sole cost and expense. Under no circumstances will BrightTALK be liable in any way for any User or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. BrightTALK does not guarantee that any Content will be to your satisfaction. Your use of the Services is at your own risk.
3.6 Ownership Rights
Each party retains any and all pre-existing right, title and interest in and to its website(s), trademarks, intellectual property, Your Content (in Your case), the Services (in the case of BrightTALK), and all components thereof. This Agreement shall not be construed in any manner as transferring any rights of ownership of or licence to the foregoing, and/or to the features or information therein, except as expressly set out in this Agreement. All rights not expressly granted are reserved. Under no circumstances will this Agreement be construed as granting, by implication, estoppel or otherwise, a licence to any intellectual or other property or components thereof other than as specifically granted in this Agreement. BrightTALK does not independently confirm that all Content is provided by a valid rights holder. In the event that BrightTALK becomes aware that Content has been provided by a person who is not a valid rights holder, BrightTALK may, at its discretion, disable and/or terminate the publication of such Content.
3.7 Copyright Complaints; Repeat Infringer Policy
If you believe that anything on BrightTALK infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Notification of copyright infringement should be sent by mail, fax or email to:
Designated Agent: Paul Heald
Address: 425 Market Street, Suite 2200, San Francisco, CA 94105, USA
Telephone Number: +1 415 955 0543
Fax Number: +1 415 397 6309
Email Address: copyright@brighttalk.com
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, BrightTALK has adopted a policy of terminating, in appropriate circumstances and at BrightTALK's sole discretion, subscribers or account holders who are deemed to be repeat infringers. BrightTALK may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
3.8 Licence to Content, Your Data and your Performance
You hereby grant BrightTALK a non-transferable (except as provided herein), royalty-free, non-exclusive, worldwide licence to perform such acts in connection with Your Content, Your Data and/or information about your viewing patterns as are necessary to provide the Services. The foregoing licence includes, without limitation, permission for BrightTALK to (a) grant sublicences to your Content to enable its display on third party websites by embedding Your Channel on such third party websites, provided that You have elected to display your Channel on brighttalk.com; (b) aggregate, publicly display, publicly perform, transmit, distribute, copy, store, archive, modify, create derivative works of, or reproduce Your Content either in its original form, copy or in the form of an encoded work; (c) to distribute, transmit, and/or display Your Content on brighttalk.com or via such technologies as are or may in the future be supported by BrightTALK from time to time including without limitation, the internet and/or wireless transmission; (d) display advertisements in connection with or alongside any display of Your Content provided that You have elected to display Your Channel on brighttalk.com; (e) to perform such other acts with respect to Your Content as are necessary from time to time to provide the BrightTALK Services; (f) use your name, voice, likeness, persona and performance in connection with any webcasts or other Content that you post, provide or participate in, in connection with the Service and (g) share Your Data and other information about your viewing patterns with third parties for the purposes of providing the Services and subject to BrightTALKís Privacy Policy. This licence also includes the right for BrightTALK, in its sole discretion, to offer or provide access to Your Content on or through brighttalk.com (or other website wholly-owned and/or operated by BrightTALK) and/or sub-domains thereof. Such licence shall apply with respect to any form, media, or technology now known or later developed. For the avoidance of doubt, the parties expressly agree and acknowledge that the Services do not include taking title to any of Your Content.
3.9 Licence to Marks
Subject to the terms and conditions of this Agreement, if you are a Channel Owner, a Sponsor or a Presenter, You grant BrightTALK, a non-transferable (except as provided herein), non-exclusive, royalty-free right to reproduce and display Your logos, trademarks, trade names and other similar identifying material (the "Marks") solely for the purposes described herein, and to grant sublicences thereto on the same terms and conditions to third parties that embed Your Content on their websites to the extent necessary in connection with the Services. This license and all sublicences thereto shall terminate automatically upon the termination or expiration of this Agreement.
3.10 User Conduct
You agree that You will not use the Services to:
a) Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, obscene, discriminatory, hateful, defamatory, libellous, invasive of privacy or publicity rights, or otherwise objectionable.
b) Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal or immoral activity or conspires to violate laws.
c) Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity past or present, or employing misleading email addresses.
d) Upload, post, email, otherwise transmit, or post links to any Content or initiate communications which include information that You do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
e) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributes to inducing or facilitating such infringement.
f) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.
g) Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or BrightTALK.
h) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, polices or regulations of networks connected to the Services.
i) Intentionally or unintentionally violate any applicable law, any rules of any national securities exchange, and any regulations having the force of law or use BrightTALK or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
j) Upload, post, email, otherwise transmit, or post links to any Content that promulgates a religious or political cause.
3.11 Term
This Agreement commences when accepted by You and has an Initial Term of three (3) months. UPON EXPIRATION OF THE INITIAL TERM AND EACH SUBSEQUENT TERM, THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS IN EQUAL DURATION TO THE INITIAL TERM UNLESS EITHER PARTY TERMINATE BY PROVIDED WRITTEN NOTICE TO BRIGHTTALK AT LEAST 30 DAYS PRIOR TO THE END OF THE PREVIOUS TERM.
3.12 Termination
BrightTALK may terminate your account and/or suspend your access to the Services should You fail to comply with the terms and conditions contained in this Agreement or any other guidelines and rules published by BrightTALK. Any such termination or suspension shall be in BrightTALKís sole discretion and may occur without prior notice, or any notice. BrightTALK further reserves the right to terminate or suspend any Userís account for any conduct that BrightTALK, in its sole discretion, believes is or may be directly or indirectly harmful to other Users, to BrightTALK or its subsidiaries, affiliates or to other third parties, or for any conduct that violates any laws or regulations. BrightTALK further reserves the right to terminate or suspend any Userís account with or without cause, in BrightTALKís sole discretion without prior notice.
Either party may terminate this Agreement upon written notice if (a) the other becomes or is deemed, insolvent or bankrupt; (b) the other makes or offers to make any arrangement or composition with creditors; (c) any resolution or petition to wind up the otherís business (other than for the purpose of solvent amalgamation or reconstruction) is passed or presented or if a receiver or administrative receiver of the otherís undertaking, property or assets is appointed or a petition presented for the appointment of an administrator; or (d) the other is subject to any proceedings which are equivalent or substantially similar to any of the proceedings under sub-clauses (a), (b) or (c) above under any applicable jurisdiction.
Either party may terminate this Agreement as of the end of any Term by giving written notice to the other party at least thirty (30) days prior to the end of the Term.
Upon termination, within 30 days of receiving Your written request to remove Your Content from brighttalk.com, BrightTALK will suspend User access to Your Content and after a further 90 days have lapsed BrightTALK will delete Your Content from its production servers. BrightTALK reserves the right to remove Your Content from brighttalk.com immediately upon termination. Sections 3.3, 3.5, 3.6, 3.7, 3.8, 3.10, 3.11, 3.12, 4, 5, 6, 7, 8, 9, and 10 shall survive any termination of this Agreement.
4 REPRESENTATIONS AND WARRANTIES
4.1 Corporate
If You are accepting on behalf of Your employer or another entity You represent and warrant at all times that: (a) You are duly organised and validly existing under the laws of the territory of Your incorporation; (b) You have full corporate power and authority to enter into this Agreement and to carry out the provisions hereof; (c) You are duly authorised to execute and deliver this Agreement and duly authorised to perform the obligations hereunder; (d) this Agreement is a legal and valid obligation, binding and enforceable in accordance with its terms; and (e) the execution, delivery and performance of this Agreement does not conflict with any agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.
4.2 Ability to Accept this Agreement
You affirm that You are more than 18 years of age and are fully able and competent to accept, make and/or perform the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
4.3 Representations About the Content
You specifically represent and warrant that any Content provided directly or indirectly by You, and if you are a Channel Owner any Content presented on any Channel you set up, manage or populate, and its distribution and/or publication through the Services, brighttalk.com, or through its being embedded on any third party website, does not, and shall not, infringe or misappropriate any third partyís rights, nor shall doing so violate any right of any person, including without limitation any copyrights, trademarks, rights of publicity and rights of privacy. You represent and warrant that you own or have obtained all necessary rights and licenses with respect to any Content that is included in the Services in connection with Your Channel or Conference and that you have obtained all necessary releases and consents with respect to the use of the name, voice, likeness and persona of anyone appearing in any webcasts in your Channel. You further represent that You have paid all licence fees and/or other fees required to be paid to third parties for performance of Your obligations or exercise of Your rights hereunder, for the grant of licences hereunder, and for any other act by You under this Agreement ("Third Party Licence Fees") and You covenant to pay any Third Party License Fees required to be paid in the future for such actions in a timely manner. You further expressly agree that as between You, on the one hand, and BrightTALK on the other hand, any obligation to pay Third Party Licence Fees as a result of distribution of the Content pursuant to this Agreement shall be Your obligation and not the obligation of BrightTALK.
5 INDEMNITY
You agree to indemnify and hold BrightTALK and its subsidiaries, successors, assignees, affiliates, officers, directors, shareholders, agents, co-branders, or other partners, and employees, harmless from any claim, demand, damages, liabilities, costs and expenses including reasonable legal and attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, webcast or otherwise make available through the Service, your use of the Service, your receipt, collection, use, storage or handling of any personal information you may receive with respect to other Users who have subscribed to Your Channel or Conference or attended or viewed a Summit, Conference or webcast you have sponsored, your violation or alleged violation of this Agreement or any other applicable published BrightTALK usage terms, conditions, policies, or requirements, the actions of any Presenter of the Content you submit, post, transmit, webcast or otherwise make available through the Service, or your violation of any rights of another.
6 DISCLAIMER OF WARRANTIES
BRIGHTTALK.COM, THE SERVICE AND CONTENT PROVIDED BY BRIGHTTALK IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED BY BRIGHTTALK AND ITS LICENSORS TO THE FULLEST EXTENT PERMITTED BY LAW.
BRIGHTTALK AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILTY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, NONINFRINGEMENT OR COMPLETENESS OF BRIGHTTALK.COM, THE SERVICE OR ANY CONTENT, OR ANY USER DATA. BRIGHTTALK AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIGHTTALK DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILTIY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICE. BRIGHTTALK DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BRIGHTTALK DISCLAIMS ANY RESPONSIBILITHY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BRIGHTALK MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF BRIGHTTALK.COM WEB PAGES OR ANY STORAGE FACILTIES OFFERED BY BRIGHTTALK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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.
In any jurisdictions that do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
7 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BRIGHTTALK OR ITS LICENSORS BE LIABLE TO ANYONE ON ACCOUNT OF USE OR MISUSE OF AND RELIANCE ON BRIGHTTALK.COM, THE SERVICE OR THE CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BRIGHTTALK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, OR FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE, OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERIVCE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION SHALL TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL BRIGHTTALK OR ITS LICENCORS 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, NON PERFORMANCE OF THIRD PARTIES OR GOVERNMENTAL ACTIONS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BRIGHTTALK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR THE CONTENT EXCEED THE COMPENSATION YOU PAY, IF ANY, TO BRIGHTTALK FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CIRCUMSTANCES THAT GAVE RISE TO THE CLAIM.
In any jurisdiction that does not permit limitations of liability, the foregoing limitation may not apply to you.
8 USE OF PERSONAL INFORMATION BY CHANNEL OWNERS AND SPONSORS
If You are a Channel Owner or a Sponsor, BrightTALK may, according to Your Channel selection, provide You with certain personal information with respect to Users who have subscribed to Your Channel or Conference or attended or viewed Summits, Conferences or webcasts you have sponsored. You agree that any collection, storage and use of such personal information by you must be in accordance with all applicable laws and with any privacy policies you have posted. Channel Owners and Sponsors are responsible for providing full information about their proposed uses of User information to Users and for obtaining all necessary consents for those uses to be made and agree to fully indemnify and to keep indemnified BrightTALK for any failure to do so. Users understand and agree that when they subscribe to a Channel or Conference or attend or view a Summit or webcast, BrightTALK may share their personal information with the applicable Channel Owners or Sponsors and that BrightTALK is not responsible for the use of such information by such Channel Owners or Sponsor.
9 ENTIRE AGREEMENT
This Agreement, together with the other terms and conditions incorporated herein or set forth on brighttalk.com or in separate written agreements with BrightTALK that are applicable to Your use of the Service, constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby. No party hereto has relied on any statement, representation or promise of any party or representative thereof in executing this Agreement except as expressly stated herein unless it was made fraudulently.
10 GENERAL
(a) Independence. You and BrightTALK are independent parties under this Agreement and nothing shall be construed to create a partnership, joint venture or agency relationship between You and BrightTALK, and neither party has authority to enter into agreements of any kind on behalf of the other; (b) Force Majeure. In the event that either party is prevented from performing or is unable to perform any of its obligations under this Agreement due to any cause beyond its reasonable control, then that partyís performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurance; (c) Assignment. BrightTALK my assign performance of this Agreement or any of its rights or delegate any of its duties under this Agreement without Your prior consent to the extent that BrightTALK deems it necessary to provide the Services; (d) Change of Control. In the event of a change of control of either party this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns; (e) Waiver. The waiver of either party of a breach or a default of any provision of this Agreement shall not be construed as a waiver of any succeeding breach of the same of any other provision; (f) Severability. Each provision of this Agreement shall be severable from every other provision of this Agreement for the purpose of determining the legal enforceability of any specific provision; (g) Survival. All terms of this Agreement which by their nature extend beyond their termination shall remain in effect until fulfilled and apply to respective successors and assigns; (h) Headings. The headings and subheadings in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement; (i) Good Faith. You agree to act in good faith with respect to each provision of this Agreement and any dispute that may arise related hereto; (j) International Use. brighttalk.com Users may be resident in any jurisdiction and You agree to comply with all applicable local rules and laws including but not limited to rules regarding online conduct, data privacy, export control laws and regulations and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data from the United States or the country in which You reside; and (k) Governing Law. This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with and governed by English law and you consent to the jurisdiction of the courts of England in relation to any dispute arising in connection therewith.
11 NOTICES
All notices required to be given under this Agreement must be given in writing and delivered either by hand, by e-mail or by mail and addressed:
if to BrightTALK Ltd, to: 16 St Martinís Le Grand, London, EC1A4NA;
if to BrightTALK Inc, to: 425 Market Street, Suite 2200, San Francisco, CA 94105, USA, and
if to You transmitted, to the email address provided by You on registration.
PRIVACY POLICY
Date of Last Revision: 11 March 2009
1 INTRODUCTION
BrightTALK™ recognises that privacy is important when using the Web for communications. This policy explains how BrightTALK collects, stores, uses and shares personal information and information about your visits to the network, including the pages you view, the links you click and other actions taken in connection with any Web site with the brighttalk.com domain (the “Site”) which is owned by BrightTALK Ltd, and from time to time its subsidiary corporations, its successors and its assigns (collectively referred to as “BrightTALK”). Personal information is information from which you can be personally identified, such as your name, address, email address, or telephone number, and demographic or other information about you when such information is tied to personally identifiable information. Personal information does not include "aggregate" information, which is data we collect about the use of the Site or about a group or category of products, services or users, from which individual identities or other personal information has been removed. It is important that you read and understand this Privacy Policy (“Policy”). You must accept all the terms and conditions of this Policy and the General User Agreement before accessing any service provided on, through or by brighttalk.com (“Services”). If you do not accept the terms and conditions of this Policy, then you cannot access the Services.
BrightTALK may update this Policy at any time. In the event there are material changes in the way we treat your personal information, we will notify you by email. Unless stated otherwise, our current Policy applies to all personal information that we have about you and your account. This policy in no way restricts or limits our collection and use of aggregate information.
Minors under the age of eighteen years old are not eligible to use brighttalk.com and we therefore ask that minors do not submit any personal information to us or use any of the services provided on, through or by brighttalk.com (the "Services").
If you have questions or concerns regarding this Policy, please contact BrightTALK at the address below.
For the purposes of the Data Protection Act 1998 (the “Act”), the data controller is BrightTALK Limited of Cedar House, Breckland, Linford Wood, Milton Keynes, Buckinghamshire, MK14 6EX.
2 PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS
Under California law, customers who are California residents are entitled to annually request and obtain information about the personal information we shared, if any, with other businesses for their own direct marketing. If applicable, the information would include the categories of personal information and the names and addresses of those businesses with which we shared personal information for the immediately prior calendar year. To make such a request, please send a written request to The Secretary, BrightTALK Inc., 425 Market Street, Suite 2200, San Francisco, CA 94105. Please note that not all information sharing is covered under the California law, and only information on covered sharing will be included in our response
INFORMATION COLLECTED
3.1 Personal Information
We may collect certain information you voluntarily provide to us which may contain personal information. For example, to set up a brighttalk.com account you are required to complete the registration process. This process requires you to provide certain personal information such as your name, email address, telephone number, company name and job title as well as information about your company such as country and industry sector. We may also collect user profile information such as age, gender, postcode, survey responses, voting choices and areas of special interest to you.
If you choose to become a paid for Channel Owner (for the purposes of this Policy, “Channel Owner” means someone who sets up, manages, and populates a Channel, and “Channel” means an embeddable webcast player on which the Channel Owner can provide Subscribers with access to upcoming, live and recorded webcasts), a Sponsor (for the purposes of this Policy, Sponsor has the meaning given in paragraph 4.2 below) or to subscribe to a paid for service, we will ask for additional information such as your credit card details and/or billing details.
3.2 Cookies
In common with standard industry practice, BrightTALK uses cookies to track site usage. A cookie is a small text file containing a unique identification number that is placed on the hard disk of your computer by a Web page server, enabling the Web server to identify your web browser and passively track its activities on that website. Cookies do not contain any executable code and cannot be used for infecting your computer with a virus. Most Web browsers automatically accept cookies but usually provide the option of configuring your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. You can change your settings in the preferences or options menu of your browser. If you choose to decline cookies, certain features of our Services may not be available to you.
3.3 Web Beacons
Web beacons, sometimes called single-pixel GIFs, are small electronic image files that we may place on brighttalk.com Web pages and within certain email. Combined with cookies, Web beacons allow us to count the number of unique users who have visited a specific page and the number of times those pages are displayed. We can also use Web beacons to let us know how many people opened certain types of email. Information we may collect using Web beacons will be in aggregate form only and will not contain your personal information. Third party advertisers may use Web beacons in their advertisements on BrightTALK Web sites. This enables us to compile aggregated statistics and determine the effectiveness of promotional campaigns. We do not allow Web beacons on our Web sites to be used by third parties to collect or access your personal information.
3.4 Log Information
When you use brighttalk.com, our servers record, in a server log, information that your browser sends whenever you visit a website. Server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
3.5 User Communications
When you send email or other communication to BrightTALK or another user, we may retain those communications in order to process your enquiries, respond to your requests and to improve our services.
3.6 Affiliated Sites
We may offer services in connection with other Web sites or suppliers. Personal information that you provide to those sites may be sent to us in order to deliver these services. We process such information in accordance with this Privacy Policy.
4 USE AND SHARING OF INFORMATION
4.1 BrightTALK’s Use of Information BrightTALK collects and uses your personal, profile and activity information (together referred to as “Profile Information”) as described in this Policy, to operate and improve its services, to carry out the transactions you request, to provide you with information you request or to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use, and our administration, of the Site, and for the purpose for which the information was provided. These uses may include making our services easier to use by eliminating the need for you to enter the same information repeatedly, for research and analysis to improve our services and technologies, to display customised content and advertising, to contact you in connection with your enquiries, surveys, your Account or to deliver promotional material, and to provide anonymous reporting to BrightTALK Channel Owners.
BrightTALK may store and process personal information collected on brighttalk.com or other BrightTALK Web sites in the UK or any other country including outside the European Economic Area (“EEA”) in which BrightTALK or its affiliates, subsidiaries or agents maintain facilities, and by using a BrightTALK service, you consent to any such transfer of your information outside your country and the EEA.
4.2 Sharing of Information BrightTALK does not share or sell your Profile Information with third parties or non-affiliated companies except to provide the products or services you have requested, when we have your permission, or under the following circumstances:
When you subscribe to a Channel or a specific BrightTALK™ Conference (each a "Subscription") or attend or view a Summit or webcast, BrightTALK may share your Profile Information including your email address and telephone number (as well as details and viewing times of the Content you have viewed on that Channel, Conference, Summit or webcast) with that Channel Owner or with the Sponsor of that Conference, Summit or webcast. For the purposes of this Policy, “BrightTALK Conference” means an online seminar that is broadcast live through brighttalk.com and also available for later on-demand viewing, "Summit" means a collection of various webcasts on a particular topic that may include webcasts from more than one Channel and “Sponsor” means someone who sponsors a BrightTALK Conference, Summit or webcast in exchange for brand promotion, thought leadership opportunities, and the leads generated from the BrightTALK Conference, Summit or webcast audience where applicable. In subscribing to a Channel or a BrightTALK Conference or attending or viewing a Summit or webcast, you consent to our sharing your Profile Information with the Sponsor or Channel Owner who may use such information to provide you with marketing messages, and we encourage you to review the Sponsor's or Channel Owner’s own Privacy Policy to ensure you are satisfied with the provisions. BrightTALK does not control or limit, and we are not responsible for, the activities of Sponsors and Channel Owners in the use, control and protection of personal information. We may provide your Profile Information including your email address and telephone number to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing Profile Information on our behalf. These parties are required to process such information based on our instructions and in accordance with this Policy. They do not have any independent right to share this information. We may share your personal information with a credit checking company or with a credit card processing company to bill users for our services. These third parties do not retain, share, or store any personally identifiable information except to provide these services and are bound by strict confidentiality requirements which limit their use of such information. We may disclose such personal information to satisfy any applicable law, regulation, legal process or enforceable government request, to enforce our General User Agreement and investigate violations thereof, to prevent, detect and address fraud, security or technical issues, or to protect against harm to the rights and property of BrightTALK and its users as required or permitted by law. We may disclose or transfer your Profile Information if BrightTALK is acquired by or merged with another company or in the event of a sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of BrightTALK. We will provide notice before this occurs and will post a new Privacy Policy if necessary. Sharing your Profile Information in the circumstances described above may involve your personal information being transferred outside your country and the EEA and in accepting this Policy and using the Services you consent to any such transfer.
5 ACCESSING AND AMENDING YOUR ACCOUNT INFORMATION
You can amend your account information and/or cancel your Subscription at any time by visiting your account page on brighttalk.com. If you cancel your Subscription we will remove your personal details from the subscriber base for that Channel or Conference, but if your personal information has been previously shared with the Channel Owner or with any Sponsor, you will need to contact the Channel Owner or Sponsor directly to request your information be removed from its database. You can close your account in accordance with our General User Agreement. If you close your account, we may retain your personal information but only for the purposes of preventing fraud or future abuse, enforcing our General User Agreement, protecting against harm to the rights and property of BrightTALK and its users, and if required or permitted by law. All retained information will continue to be subject to the terms of this Policy. You have a right under the Act to access information held about you, subject to an administrative fee to meet our reasonable costs. You may also ask us to stop processing your personal information at any time.
6 SECURITY
To secure your personal information, access to your data is password protected, and sensitive information is protected by encryption when it is exchanged between your Web browser and our Web site. It is your responsibility to keep your password confidential and not to share this information with anyone. To protect data stored on our servers, we regularly audit our system for possible vulnerabilities and attacks and we use only secured access tier 1 data centres.
Whilst we will implement the security measures detailed above, transmission of information via the internet is not completely secure and therefore transmission via the internet is at your own risk.
