Inbound Marketing.com Terms of Use

Last modified: May 15, 2009
 

OUR AGREEMENT

InboundMarketing.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. We reserve the right to change the terms, conditions, and notices under which InboundMarketing.com is offered. Such changes will become effective five business days after being posted on the InboundMarketing.com website. When we change these terms of use, we will also modify the “Last modified” date above. We encourage you to review these terms of use periodically. Your use of InboundMarketing.com constitutes your agreement to all such terms, conditions, and notices.
 

DESCRIPTION OF InboundMarketing.com

InboundMarketing.com is a community website devoted to the discussion, sharing and creation of content related to inbound marketing.

 

REGISTRATION

When you register for InboundMarketing.com, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. To comply with the Children's Online Privacy Protection Act, at this time InboundMarketing.com is only available to users who are at least 13 years old. If you are under 13, you may not register to use InboundMarketing.com.

 

USE OF MATERIALS

InboundMarketing.com includes both data, text, information, links and other content (collectively, "Content") we own or control as well as Content owned or controlled by third parties and licensed to us. We authorize you to reproduce the Content, to incorporate the Content into collections, to create and reproduce adaptations (provided that you take reasonable steps to indicate that changes to the original Content were made), and to distribute the Content, collections and adaptations by all mediums. If you distribute the Content, collections and adaptations, you must, unless otherwise agreed by us in writing, keep in tact all copyright notices and provide, reasonable to the medium you are using (a) the name of the Author or other person identified by such Content for attribution, (b) the title of the work, (c) a reference to InboundMarketing.com for attribution, and (d) a link to the Content on the InboundMarketing.com website. You may not use the Content to disparage or compete with InboundMarketing.com or HubSpot. Special rules may apply to the use of certain Content, software and other items provided via InboundMarketing.com, and are noted where appropriate.

If you would like information about obtaining further permission to use any of the Materials on your web site, please contact us via the form on this page: http://www.inboundmarketing.com/contact.

 

CONTENT

Your Responsibilities. You understand that all Content is the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via InboundMarketing.com. You understand that by using InboundMarketing.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted via InboundMarketing.com. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of InboundMarketing.com, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Our Rights. You acknowledge that we do not pre-screen, control, edit or endorse Content made available through InboundMarketing.com and that we have no obligation to monitor the Content posted via InboundMarketing.com. If we discover Content that does not appear to conform to these Terms of Service, we may investigate and determine in good faith and in our sole discretion whether to remove the Content. We will have no liability or responsibility for performance or non-performance of such activities.

 

PROPER CONDUCT

You agree that you are responsible for your own conduct and communications while using InboundMarketing.com and for any consequences thereof. You agree to use InboundMarketing.com only to send and receive messages and material that are legal, proper and related to the particular Group. By way of example, and not as a limitation, you agree that when using InboundMarketing.com, you will not:
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• post any inappropriate, defamatory, infringing, obscene, sexually explicit or unlawful Content;
• post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content or remove any copyright, trademark or other proprietary rights notices contained in or on InboundMarketing.com;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
• interfere with, restrict or inhibit any other user from using and enjoying InboundMarketing.com;
• use InboundMarketing.com for any illegal or unauthorized purpose;
• interfere with or disrupt InboundMarketing.com or servers or networks connected to InboundMarketing.com, or disobey any requirements, procedures, policies or regulations of networks connected to InboundMarketing.com;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of InboundMarketing.com or collect information about users for any unauthorized purpose;
• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by us;
• create user accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

While we prohibit such conduct and Content in connection with InboundMarketing.com, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use InboundMarketing.com at your own risk.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party InboundMarketing.com or its content in any way; (ii) modify or make derivative works based upon InboundMarketing.com or its content; (iii) "frame" or "mirror" any of its contention any other server or wireless or Internet-based device; or (iv) reverse engineer or access InboundMarketing.com in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of InboundMarketing.com, or (c) copy any ideas, features, functions or graphics of InboundMarketing.com.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about any person. We do not control or endorse the content, messages or information found in any InboundMarketing.com . Group Owners are not our authorized spokespersons, and their views do not necessarily reflect our views.

 

PROPRIETARY RIGHTS

Our Rights. We and our affiliates and licensors own and retain all rights in InboundMarketing.com, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of our proprietary information. "HubSpot", the "HubSpot" logo and "InboundMarketing.com" are trademarks of HubSpot, Inc.

Your Rights. We claim no ownership or control over any Content submitted, posted or displayed by you on or through InboundMarketing.com. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through InboundMarketing.com and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through InboundMarketing.com, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on and for the purpose of displaying, distributing and promoting InboundMarketing.com or any other of our services. We reserve the right to syndicate Content submitted, posted or displayed by you on or through InboundMarketing.com and use that Content in connection with other services offered by us. You warrant and represent that you own or otherwise control all of the rights to the Content in your Posts as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Content.

You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of InboundMarketing.com; (b) your noncompliance with any of the terms and conditions hereof, or (c) the unauthorized use of InboundMarketing.com by any other person using your user information.

 

USE AND STORAGE

You agree that HubSpot has no responsibility or liability for the deletion or failure to store any Content maintained or posted by or through InboundMarketing.com. You acknowledge that HubSpot has set no fixed upper limit on the number of transmissions you may send or receive through InboundMarketing.com or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

 

CUSTOMER DATA CONFIDENTIALITY

The privacy of your personal information is important to us. We only use personal information you provide as permitted by our Privacy Policy and applicable law. You may review our Privacy Policy at the following link: http://www.inboundmarketing.com/privacy.

 

LINKS TO THIRD PARTY SITES

InboundMarketing.com may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH INBOUNDMARKETING.COM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO INBOUNDMARKETING.COM. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN INBOUNDMARKETING.COM AT ANY TIME. ADVICE RECEIVED VIA INBOUNDMARKETING.COM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH INBOUNDMARKETING.COM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF INBOUNDMARKETING.COM, WITH THE DELAY OR INABILITY TO USE INBOUNDMARKETING.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH INBOUNDMARKETING.COM, OR OTHERWISE ARISING OUT OF THE USE OF INBOUNDMARKETING.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF INBOUNDMARKETING.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING INBOUNDMARKETING.COM.

 

TERMINATION/ACCESS RESTRICTION

We reserve the right, in our sole discretion, to terminate your access to InboundMarketing.com and the related services or any portion thereof at any time, immediately upon notice.

 

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of InboundMarketing.com. Use of InboundMarketing.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of InboundMarketing.com. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of InboundMarketing.com or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to InboundMarketing.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to InboundMarketing.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

INBOUNDMARKETING.COM COPYRIGHT TAKEDOWN PROCEDURE

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be subitted to this page http://www.inboundmarketing.com/contact. ALL INQUIRIES NOT RELEVANT TO INBOUNDMARKETING.COM WILL RECEIVE NO RESPONSE.

If you believe any materials accessible on or from InboundMarketing.com infringe your copyright, you may request removal of those materials (or access thereto) from InboundMarketing.com by contacting our copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
 

Our agent for copyright issues relating to this web site is as follows:
HubSpot, Inc.
One Broadway, 10th Floor Cambridge, MA 02142
Attention: Jim Teeters
Telephone: 800.482.0382
Fax No.:617.812.5820

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers to and account holders of InboundMarketing.com who are repeat infringers.

 

Notices

The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of InboundMarketing.com, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.
 

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