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Standard Conditions of Business - Morning Rise LLC t/a B2B Marketing INTRODUCTION TO TERMS AND CONDITIONS These terms and conditions apply between all Users of this Website (including but not limited to Members), and B2B Marketing, the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of B2B Marketing Products and Services, including but not limited to Membership subscriptions and Events and the placing of advertising with B2B Marketing. Please read these terms and conditions carefully, as they affect your legal rights.
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the B2B Marketing Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.1.2 B2B Marketing reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
3.1 Content is available via B2B Marketing and this Website on a free of charge basis and in consideration for a specified payment, as part of a Membership subscription and content included within the various products, articles (for instance 'News' and 'Research & Reports' sections of the Website although this list is non-exhaustive.3.2 All Content included on the Website, unless uploaded by Users, Members or Partners or as stated otherwise, is the property of B2B Marketing our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission;3.3 Subject to clause 4 B2B Marketing hereby grants to the User a non-exclusive worldwide licence for the duration of the Membership or in the case of a User who is not a Member, until B2B Marketing may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User's own information purposes and for the avoidance of doubt, not for any commercial or business purposes.3.4 Notwithstanding any other rights or remedies available to it, B2B Marketing shall have the right to terminate any licence granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence.Without prejudice to any rights granted herein, B2B Marketing reserves the right to amend, edit or abbreviate or take down any Content at our discretion.3.5 Notwithstanding the above, were a User is paying for additional premium content (by way of example, for Reports and/or as part of a Membership subscription) (“Pre-Paid Content”) such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one off fees payable for Reports shall be non-refundable, and the period of licence granted in such Content may only subsist for the duration of a Users Membership subscription.3.6 Subject to clause 4 below, Users (whether in their capacity as Members or Users) are able to upload content or postings content at various places on the Website including via blogs, on the forums and comments sections, as well as the content they include on Member Profiles (“User Generated Content”) and in doing so Users grant to B2B Marketing a free of charge, worldwide perpetual licence in all media in such User Content. For the avoidance of doubt, Members acknowledge and confirm that all information they supply in their Member profile will be viewable by all Users of the Website via the 'Directories' section of the Website accessible here: http://www.b2bmarketing.net/directories
4.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.4.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:4.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;4.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
5.1 The Website and Services are provided "as is" and on an "as available" basis. B2B Marketing gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, B2B Marketing provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. B2B Marketing is under no obligation to update information on the Website.5.2 Whilst B2B Marketing uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, B2B Marketing give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.5.3 B2B Marketing accepts no liability for any disruption or non-availability of the Website.5.4 B2B Marketing reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.6.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.6.3 To the maximum extent permitted by law, B2B Marketing accepts no liability for any of the following:6.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;6.3.2 loss or corruption of any data, database or software;6.3.3 any special, indirect or consequential loss or damage.
7.1 Except as otherwise expressly agreed to by B2B Marketing in writing, information regarding B2B Marketing products and Services is subject to change without notice.7.2 Information about B2B Marketing Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by B2B Marketing with respect to any product or service unless otherwise expressly agreed to by B2B Marketing in writing.7.3 Without limiting the generality of the foregoing, B2B Marketing hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
Users may purchase stand alone Products (whether as Members or Users) as the same are available via the Website and at such prices and on such supplemental conditions as are stated on the site.
All media and advertising placed with B2B Marketing shall be subject to the following:12.1 All Advertisements are accepted subject to B2B Marketing's approval of the copy and to the space being available.12.2 B2B Marketing reserves the right to omit or suspend any Advertising (or part thereof) at any time for if B2B Marketing holds the belief that publication may be unlawful, defamatory, put B2B Marketing into disrepute, in breach of any Ofcom regulations, or Advertising Standards Agency (or like body) regulation or code, put it in breach of contract or infringes the copyright off a third party in which case no claim on the part of any Client for damage or breach of contract shall arise.12.3 If B2B Marketing considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond B2B Marketing's control. Every care is taken to avoid mistakes but B2B Marketing cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions. In any event the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for B2B Marketing to use its reasonable endeavours to remedy such inaccuracies upon notice from the Client , where practicable. For the avoidance of doubt the Client accepts that Advertisements which have gone to print cannot be altered.12.4 The Client warrants that the Advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other party's rights or an infringement of the British code of Advertising Practice. Country of origin (other than the United Kingdom) of goods advertised must be shown in advertisements if so required by statute or statutory or other regulations.12.5 The Client will indemnify B2B Marketing fully in respect of any claim made against B2B Marketing arising from B2B Marketing's publication of any Advertisement or part thereof arising from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to B2B Marketing. B2B Marketing may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.12.6 Advertisement rates are subject to revision at any time and orders are accepted on condition that, in the case of Advertising placed within an issue of the Magazine, that the price binds B2B Marketing only in respect of the next issue to go to press. In the event of a rate increase, the Client will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.12.7 If a Client cancels the balance of a contract for the placement of Advertising, the Client relinquishes any right to any series discount to which they may previously have been entitled and Advertising will be paid for at the then current rate card.12.8 Accounts are due for settlement within 30 days of the commencement of publication of the Advertising. In the event of any account becoming overdue, B2B Marketing reserves the right both to suspend Advertising until such time as the sum owing is paid and to reduce any commission otherwise allowed to Advertising Agencies.12.9 Advertisement copy should be supplied by the Client in accordance with the mechanical data stated on the rate card. Charges will be made to the Client or his Agent where the printers are involved in extra production work owing to acts or defaults of the Client or his Agent. These charges will be at the rate agreed prior to commencement of Advertising.12.10 If copy instructions are not received by agreed Copy Date no guarantee can be given that proofs will be supplied nor corrections made and B2B Marketing reserves the right to repeat the most appropriate copy, or insert a house advertisement for which the Client will be invoiced.12.11 Total amount payable, by the Client, within the 30-day period, will be written in the 'Gross Payment' section of the order form, accompanying this document. Series bulk discount purchases must be paid in one payment, 30 days after invoice, unless otherwise stated.12.12 In the case of the Client failure to make complete payment within 30 Days of the invoice date occurred, cumulative monthly interest, at a rate of 10% per month from the invoice date, will be added to the gross amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Client, those costs will be charged back to the Client.12.13 Client's materials which may be delivered to B2B Marketing including but not limited to property and artwork are held by B2B Marketing at Client's risk and should be insured by them against loss or damage from whatever cause. B2B Marketing reserves the right to destroy all artwork, which has been in his custody for twelve months from the date of its last appearance.12.14 Event sponsorship and exhibition space: In all case where an agreement of event sponsorship, incorporating exhibition space, not limited to fixed shell scheme, but also including space provided to a client to erect their own stand; the client must abide by the limitations of the agreement and space provided. All event sponsorship agreements will be writing and cannot be broken by the client. B2B Marketing reserves the right to cancel any event sponsorship contracts, if, for any reason, the event is cancelled or postponed. If the event is postponed within a reasonable timeframe, the contract will remain valid and roll over to the new date.
Prices for any of B2B Marketing services or products are subject to change without prior notice. B2B Marketing aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.The description and price of any Service purchased hereunder will be confirmed in B2B Marketing's despatch note and/or invoice or at point of payment if purchased online.
Unless specified herein or at point of purchase to the contrary, B2B Marketing invoices for any Service are due for payment 30 days from their date. B2B Marketing reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts at the rate in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
Full terms and conditions outlining the terms and conditions pertaining to the use and delivery of the B2B Marketing recruitment website can be found within that section of the site.These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.These terms and conditions are compiled in English and in German. In whatever case of discordance between the two texts or doubts about their interpretation, the English one will prevail.