Revised and posted as of: June 24, 2015
Welcome to brandvoice.com.
Brandvoice.com (the "Website") is an Internet service owned and operated by Forbes Media
LLC (“Forbes”). Forbes is dedicated to providing visitors to the Website with a highly interactive
and positive experience, while at the same time protecting our rights and the rights of our users.
We have developed these Terms of Service to govern your use of the Website, and we, along
with our affiliates, and partners, provide content and services to you subject to the following
conditions. Your use of the Website tells us you have read and agreed to these Terms of
Service. Please read them carefully. These Terms of Service are a binding contract between
you and Forbes, regarding your use of the Website. If you do not agree with any of these terms,
please exit the Website.
1.
The Website Content
1.1
All of the information, content, services and software displayed on, transmitted through,
or used in connection with the Website, including for example, advertising, articles, text,
photographs, images, illustrations, audio clips, video, html, source and object code,
software, data, and all other matters related to this website, including without limitation,
the selection and arrangement of the aforementioned and the "look and feel" of this
website (collectively, the "Content"), are protected under applicable copyrights and other
proprietary (including but not limited to intellectual property) rights and are the
intellectual property of Forbes, and its affiliated companies, licensors and suppliers.
Forbes actively protects its rights to the Content to the fullest extent of the law. The
copying, use or publication by you in any medium, directly or indirectly, of any such
matters or any part of the Website, including the removal or alteration of advertising,
except for limited rights of use granted hereunder, is strictly prohibited. You may not use
such material except as provided in these Terms of Service.
1.2
The Content includes logotypes, trademarks and service marks (collectively "Marks")
owned by Forbes, and Marks owned by other information providers and third parties. For
example, "Forbes" and “BrandVoice” are registered trademarks of Forbes. No Marks
may be used in any manner unless approved in advance, in writing by Forbes.
2.
Membership, Participation and Registration
2.1
Certain areas of the Website may ask you to provide information to participate in certain
features or access certain content. The decision to provide this information is purely
optional, however if you elect not to provide such information, you may not be able to
access certain content or features or participate in various areas of the Website. When
you register or become a member of the Website or provide information to the Website
in any other manner, you agree to provide only true, accurate, current and complete
information on all registration pages. Using a name other than your own legal name is
prohibited. You agree that Forbes may use the information you provide to us according
to the Privacy Policy on the Website.
2.2
If you become a member of the Website, you agree to accept responsibility for all
activities that occur under your account or password, and agree you will not sell, transfer
or assign your membership or any membership rights. You are responsible for
maintaining the confidentiality of your password and for restricting access to your
computer so that others may not access the Website using your name in whole or in
part. Forbes reserves the right to terminate membership and deny access to the Website
to any person who violates these Terms of Service.
2.3
The Website may host various interactive features. Should you choose to engage in any
interaction with the Website or the features offered, you agree that you will not post or
display anything that violates the rights of third parties or could be construed as
offensive, including, but not limited to: (i) vulgarity; (ii) profanity; (iii) obscenity; (iv)
defamatory content; or (v) content which violates an individual’s right to privacy or places
him/her in a false light. You agree that your interaction will not violate applicable laws or
regulations.
3.
Website Security Rules
3.1
You are prohibited from violating or attempting to violate the security of the Website,
including, without limitation, (a) accessing data not intended for you or logging into a
server or account which you are not authorized to access, (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with service to any
user, host or network, including, without limitation, via means of submitting a virus to the
Website, overloading, "flooding", "mailbombing" or "crashing", or (d) forging any TCP/IP
packet header or any part of the header information in any e-mail, forum, or newsgroup
posting. Violations of system or network security may result in civil or criminal liability.
Forbes will investigate occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting those who are involved
in such violations.
4.
Communications With Third Parties Through the Website
4.1
Your dealings or communications through the Website with any party other than the
Website are solely between you and that third party. For example, certain areas of the
Website may allow you to conduct transactions or purchase goods or services. In most
cases, these transactions will be conducted by our third-party partners and vendors.
Except for third parties used by Forbes to process subscriptions or orders on the
Website, under no circumstances will Forbes be liable for any goods, services,
resources or content available through such third party dealings or communications, or
for any harm related thereto. Please review carefully that third party's policies and
practices and make sure you are comfortable with those policies and practices before
you engage in any transaction. Any complaints, concerns or questions you may have
relating to materials provided by third parties should be forwarded directly to the third
party.
5.
Software or Apps Available On This Website
5.1
Any software or app that is made available to download from the Website ("Software") is
the copyrighted work of Forbes' suppliers. Use of the Software is governed by the terms
of the end-user license agreement, if any, which accompanies or is included with the
Software ("License Agreement"). End users shall not install or use any Software that is
accompanied by or includes a License Agreement, unless the end user first agrees to
the License Agreement terms. Any such Software is not available to users in territories
where its distribution is prohibited by law.
5.2
Any Software made available on the Website, including any customizable feature is the
copyrighted work of Forbes. You agree that you shall not manipulate any Software or
customizable features to misrepresent yourself as associated with Forbes in any
manner, in any media now known or thereafter. Your violation of this section may be
subject to legal action against you.
6.
International Users
6.1
The Website is controlled, operated and administered by Forbes from its offices within
the United States. Forbes makes no representation that materials available through the
Website are appropriate or available for use outside the United States and access to
them from territories where their contents are illegal is prohibited. You may not use the
Website or export the Content in violation of U.S. export laws and regulations. If you
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compliance with all local laws.
7.
Modification
7.1
Forbes shall have the right, at its discretion, to change, modify, add or remove terms of
this agreement at any time without notice. Changes shall be effective immediately. You
agree to review this agreement periodically since subsequent use by you of the Website
shall constitute your acceptance of any changes. Forbes shall have the right at any time
to change or discontinue any aspect of the Website, including, but not limited to, the
community areas, content, hours of availability and equipment needed for access to use.
Such changes, modifications, additions or deletions shall be effective immediately upon
posting and any subsequent use by you after such posting shall conclusively be deemed
to be acceptance by you of such changes, modifications or deletions.
8.
Notice of Availability of Filtering Software
8.1
You should know that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may assist in limiting
access to material that is harmful to minors. A report detailing some of those protections
can be found at
http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet
Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety
Policies).
9.
Disclaimer
9.1
ALL MATERIALS AND SERVICES ON THE WEBSITE AND THIRD-PARTY SITES TO
WHICH IT LINKS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND. FORBES IS NOT RESPONSIBLE FOR THE
AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE
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AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT FORBES DOES NOT
ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT,
ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR
AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE
AND AGREE THAT FORBES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY
OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE
CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY
CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH
EXTERNAL SERVICES.THE CONTENT PUBLISHED ON THE WEBSITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE. FORBES
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE
WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE.
THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. FORBES
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AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR
DIRECTORY. FORBES ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE
COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT.
FORBES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE
FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF
THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR
TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS,
LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS
OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT
CONTAINED THEREIN. FORBES DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING THE
SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL
NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS
COMPUTER AND OTHER EQUIPMENT.
10.
Indemnity/Limitation of Liability
10.1
AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS, FORBES AND ITS SUPPLIERS, EACH OF THEIR
PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE
PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS,
MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS,
FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR
DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL
PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES
AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION
REGARDING: (A) YOUR USE OF THE WEBSITE; (B) FORBES' USE OF ANY
CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT
INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL
POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF
NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE
BY YOU.
10.2
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL FORBES, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE CONTENT, UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR
ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT FORBES IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.
11.
General
11.1
These Terms of Service shall be deemed to include all other notices, policies,
disclaimers, and other terms contained on the Website; provided, however, that in the
event of a conflict between such other terms and the terms of these Terms of Service,
the terms of these Terms of Service shall control.
11.2
These Terms of Service have been made in and shall be construed and enforced in
accordance with the laws of the State of New York. Any action to enforce this agreement
shall be brought and in and you agree to submit to the exclusive jurisdiction of the
federal or state courts located in the State of New York, in the Southern District of New
York. If any provision is deemed to be unlawful or unenforceable, that shall not affect the
validity and enforceability of the remaining provisions. Any cause of action or claim you
may have with respect to the Website must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is barred. Any failure of
Forbes to enforce or exercise any provision of this Agreement or related right shall not
constitute a waiver of that right or provision. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of these Terms of Service.
The section titles used in this Agreement are purely for convenience and carry with them
no legal or contractual effect. In the event of termination of these Terms of Service for
any reason, you agree that the following provisions will survive: the provisions regarding
the limitations on your use of Content, the license(s) you have granted to Forbes, and all
other provisions for which survival is equitable or appropriate. Forbes may assign its
rights and duties under these Terms of Service to any party at any time without notice to
you.
12.
Service Contact
12.1
Contact us with questions or problems with the Website.
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