Dun & Bradstreet NetProspex, Inc., a wholly-owned subsidiary of Dun & Bradstreet, Inc.
Effective as of May 24, 2016
As a registered user (“User”) of the Site, you represent and warrant that: (i) you are 18 years of age or older; (ii) the information provided in the D&B NetProspex registration form is true, accurate, current and complete; (iii) you will maintain and update the registration information in your D&B NetProspex account to keep it true, accurate, current, and complete; and (iv) the information in the registration form belongs to you.
1. Description Of The User Content Contribution Service
Users may access the User Content Contribution Service through the Site and contribute User-originated content, including individuals’ job title, and basic business contact information (“Contact Information”) and other information (collectively, “Content”) to the Site which may be used by other Users of the Site for sales and marketing purposes, in return for credits to obtain other Content available on the Site (e.g., through trading). Such Users may, at the same time, also purchase Content available on the Site or receive or accrue credits to purchase Content on the Site in the future.
Credits obtained by a User through use of the Service may only be used on the Site and are not exchangeable for currency value. D&B NetProspex reserves the right to remove any accrued credits if not used within a time period of 18 months from receipt, and, no reimbursement will be made to the User. If your account is terminated by D&B NetProspex for any reason, including, but not limited to, your violation of these Terms, D&B NetProspex reserves the right not to reimburse you for accrued credits.
Contact Information that you may contribute is limited to: name of the business contact, job title, company associated with the contact, business address, business phone number(s) (which may include cell phone number if that number is used primarily for business purposes), business email address and business website/url. D&B NetProspex does not accept any other categories of Contact Information. If you send other elements of information to D&B NetProspex, D&B NetProspex will attempt to delete or dispose of such information promptly.
2. User’s Representations
By contributing Content, you grant D&B NetProspex, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.
You represent and warrant that you will not provide as Content to this Site any Contact Information of parties who have informed you that they do not wish such information to be shared with this Site or with other parties. You also agree that you will not provide any additional elements about Contact Information other than the fields which the Site permits.
You represent and warrant that you will not provide to D&B NetProspex “confidential personal information” or “nonpublic personal information” about an individual, as those or similar terms may be defined under applicable local, state and federal laws and regulations. You agree not to provide any information about persons under the age of 18. You represent and warrant that any Contact Information you provide to us is business contact information about a specific living individual, and not about a fictitious person, created personality or an animal.
3. Acceptance By D&B NetProspex of Contributed Content
D&B NetProspex’s acceptance and use of Content provided by the User is solely at the discretion of D&B NetProspex. D&B NetProspex determines which Content to use based on its own criteria, including the presence of similar Content provided to the Site and the accuracy of that Content, determined by various proprietary D&B NetProspex methods. The Service includes D&B NetProspex’s rating of the accuracy of Content; any such rating decisions by D&B NetProspex are final, and User agrees it has no recourse against D&B NetProspex for such ratings and releases any claims related to such rating decisions. Users are not allowed to contest records and gain credits for Content that they have provided to D&B NetProspex themselves pursuant to this Service.
D&B NetProspex has up to six (6) months within which to determine whether it will accept or reject the User’s contributed Content and may initially inform User that it rejects certain Content that it decides to accept upon re-evaluation. D&B NetProspex shall send User written email notification if it intends to re-evaluate the Content within the 6 month period after receipt of such Content from User.
4. Prohibited User Contribution Practices and Unacceptable Content
You shall not provide any Content to D&B NetProspex which may result in legal liability to D&B NetProspex (e.g., you will not provide another party’s tracer or seed record emails). You shall not provide any e-mail addresses to D&B NetProspex which involved the collection or auto-generation by abusive means, which includes “harvesting” (the collection of e-mail addresses that are posted on the Internet via web scraping, web mining and/or web crawling technology) and “e-mail modeling” (the auto-generation of e-mail addresses by combining names, letters and/or numbers into different combinations, regardless of data accuracy; otherwise known as “dictionary attacks”).
You may not use the Site or the Services to advertise or solicit for other products or services without D&B NetProspex’s express consent.
If you contribute any Content in accordance with this Service, you represent and warrant that you will not contribute any unacceptable Content (“Unacceptable Content”). D&B NetProspex reserves the right to reject or remove any Unacceptable Content for any reason. Unacceptable Content includes, but is not limited to, Content that:
a. Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
b. Includes individual e-mail addresses that were: 1) posted on and harvested from the Internet via web scraping, web mining and/or web crawling technology; and 2) auto-generated by combining names, letters and/or numbers into different combinations, regardless of data accuracy (otherwise known as “dictionary attacks”). The aforementioned methods of e-mail address collection are considered “abusive,” and unlawful and inappropriate;
c. Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party;
d. Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
e. Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
f. Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;
g. Was obtained on a fraudulent basis, including through pre-texting, or through accessing on an unauthorized basis the confidential and/or proprietary information of other parties. You may not use illegal or anti-competitive means to obtain and contribute Content; any market intelligence research conducted by you in developing Content contributed to this Site shall not violate any applicable laws or industry self-regulatory standards
h. Is libelous, defamatory, or knowingly false or misrepresents another person;
i. Seeks to impersonate any person or entity, or falsely states or otherwise represents your affiliation with a person or entity;
j. Is harmful to D&B NetProspex’s or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information; and/or
k. Consists of any other Content that D&B NetProspex in its sole discretion deems to be Unacceptable Content.
5. Disclaimer Regarding User Contributed Content
D&B NetProspex does not necessarily endorse, support, sanction, encourage, or agree with the Content contributed by Users who contribute Content to NetProspex.com and SmartMarketingDataHub.com. Any Content placed on NetProspex.com or SmartMarketingDataHub.com, including Contact Information, advice and opinions, are the responsibility of Users who contribute the Content and such Content is not necessarily supported or sanctioned by, nor does such Content necessarily represent the views of D&B NetProspex, its affiliates or its third party service providers. D&B NetProspex reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on NetProspex.com and SmartMarketingDataHub.com, in its sole discretion, without notice. You agree that D&B NetProspex, its affiliates and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content contributed to NetProspex.com and SmartMarketingDataHub.com by Users, including Unacceptable Content that violates these Terms.
6. Intellectual Property Rights
6.1. No Rights in intellectual property
a. These Terms do not create, and User shall have no rights in or to the use of, any trademark, trade name, logo, service mark or other mark, identification or name of D&B NetProspex or any intellectual property right of D&B NetProspex.
b. These Terms do not create, and NetProspex shall have no rights in or to the use of, any trademark, trade name, logo, service mark or other mark, identification or name of User or any intellectual property right of User.
c. User shall promptly notify D&B NetProspex of any known infringement or improper use of D&B NetProspex’s intellectual property rights. You agree to reasonably cooperate with D&B NetProspex in any action taken by D&B NetProspex against such third parties, provided that all expenses of such action shall be borne by D&B NetProspex and all damages which may be awarded or agreed upon in settlement of such action shall accrue to D&B NetProspex.
You agree to indemnify D&B NetProspex and its affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorneys’ fees) (collectively, “Claims”) which may arise from: (i) your Content contributions (including the use, reproduction, display, transmission, performance or distribution of the Content you contributed) pursuant to this Service; (ii) your misuse of your D&B NetProspex account; (iii) your unauthorized use of the Service or Site Information obtained through NetProspex.com or SmartMarketingDataHub.com; or (iv) your breach of these Terms. D&B NetProspex shall provide to User prompt written notice of such Claims and shall provide proper and full information and reasonable assistance to User for the defense and/or settlement of any such Claims. D&B NetProspex reserves the right to assume the exclusive control of any such defense of any such Claim.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
D&B NetProspex may subcontract part of its Service from time to time without prior consent from Customer.
ANY ADDITIONAL DATA SERVICES SUPPLIED TO YOU BY D&B NETPROSPEX ARE SUBJECT TO SEPARATE AGREEMENTS WHICH SHALL BE ENTERED INTO SEPARATELY.