Terms of Service

Last Updated: February 27, 2014
 
This website Terms of Service (“Terms”) sets out the terms and conditions under which Netpop Research, LLC (“Netpop” “we” “our”) offers the websites available at www.netpop.com,  www.netpopsmb.com, www.publisherroundtable.com (individually, “Site,” collectively “Sites”) for your use. It is important for you (a “user” or “member”) to understand the rights you have (and the rights we have) when you use any of the Sites. You should read this document carefully. A link to our current Terms will always be available from the PublisherRoundtable homepage at www.publisherroundtable.com/terms-of-service.
 
1. ACCEPTANCE OF TERMS OF SERVICE
By accepting these Terms, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. By visiting or creating an account on a Site, you agree that you fully understand and agree to be bound by these Terms.
 
2. DESCRIPTION OF THE SITES
Sites covered by this policy
This privacy statement applies to the data collection practices on the following websites:
 
This is our corporate website where we provide information about the market research services we provide to help our clients better understand the global competitive landscape and the factors that shape consumer preference. 
 
We work with many leading internet companies (“Partners”) to perform email-initiated online surveys about small business owners’ marketing and business strategies. As a small business owner who has a relationship with our Partner or Partners, you may have received an invitation to join this Site based upon your completing such a survey. We built www.netpopsmb.com to provide small business owners like you with analysis and insight into the results of those surveys and your marketing and business strategies in comparison to similar small businesses. Additional services of the Site include an opportunity for the collective small business community to share and grow its marketing efficiencies through collective intelligence via discussion boards, online surveys and Netpop-created market research materials (“Materials”).
 
This site is presented in collaboration with our Partner, VigLink, Inc. (“VigLink”).You might have been invited to join this Site because you are an online publishing professional who responded to an online survey. This Site provides you with online publishing industry benchmarks and market insight data, discussion boards, online surveys and Netpop-created Materials.
 
3. YOUR ACCOUNT OBLIGATIONS
With the exception of www.netpop.com, each Site requires you to create an account with a user name, password and email address. Your account controls your access to membership on that Site. Only you may use the account credentials. You may not share an account. You are responsible for maintaining the confidentiality of your password and are responsible for all activity that occurs under your account, whether authorized by you or not. If you suspect that your account credentials have been compromised, please change your password immediately and contact cs@netpop.com.
 
4. LICENSES
Your account gives you access to a wide variety of market research data and information created either by us (“Materials”) or by you in the discussion forums (“Content”) and other members of a Site’s community (also “Content”). The following licenses permit access to the Materials and Content so that we can all enjoy the data while respecting each others’ rights. 
 
Our License to You is a Limited License
All Materials that we provide on the Sites are proprietary to Netpop and subject to copyright and other intellectual property protections. You agree that delivery of these Materials to you do not transfer any rights other than those specifically granted in these Terms. 
 
We grant you a personal, worldwide, royalty-free, non-assignable, non-commercial and non-exclusive license to use our Materials.  For explanatory purposes only, we intend that this license would permit you to include a statistic, graphic, or piece of analysis sourced from our Materials in a report, presentation or speech that you authored and present to your company, business partners or peers, as long as you attribute the Materials to us accordingly.  
 
Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, or otherwise exploit our Materials without our express permission. To be clear, you may not use or provide our Materials in any way that provides you, your company or any other recipient with direct commercial gain. Our Materials may not be repacked in any format, sold, resold, traded or repurposed for value without our express consent. 
 
Attribution
You further agree that, to the extent you include any Materials in a printed or projected presentation, on each page of such presentation where salient results of the Material is presented or referenced, you will keep intact all copyright notices for the Materials and will attribute Netpop as the owner of the materials with a URL to the homepage of the sourced Materials, for example as provided here: “(c) http://www.netpopsmb.com, a property of Netpop Research, LLC.” The font size for any such attribution shall be reasonably sized so as the text is readily readable by anyone attending the presentation, for example, if in a Powerpoint® presentation, the font size shall be no smaller than 12 point.
 
Other uses 
If you are interested in uses that do not fall within the license set forth in this section, or if you are interested in making a broader use of the Materials, please contact us at cs@netpop.com.
 
License Grants From You To Netpop and the Site Community
Content that you create can include data like the comments you make on a discussion forum or analysis you provide about our Materials. When you post Content to a Site, you retain ownership of any copyright you wish to claim to your submitted Content. You grant Netpop and the other users of the Site, a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to freely and fully sublicense such rights through single or multiple tiers of sublicensees.
 
5. Rules about Content That You Submit
Netpop may remove any Content you submit that violates these rules. If we do not remove Content it does not mean that we endorse that Content. We may also, in our sole discretion, remove your account or block your access to the Sites for violating these rules or the Terms.
 
a.   When you respond to an interview, you are required to provide truthful, accurate answers. 
 
b.   Only respond to a specific interview once per organization or business. 
 
c.   You are solely responsible for your conduct and any Content that you submit, post, and display on the Sites, or that you allow others to submit, post and/or display on the Sites. 
 
d.   When you contribute to a Site’s discussion forum, you assert that you have all the relevant copyright, trademark and intellectual property rights to make that Content available or have a well-reasoned belief that your republication of the work is a “fair use.” 
 
e.   You must not harass, threaten, impersonate, or intimidate other members of the Sites.
 
f.   You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable to us.
 
g.   You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
 
h.   You must not transmit any worms or viruses or any code of a destructive nature.
 
i.   You must not violate any law, including but not limited to intellectual property laws.

6. We Are Not Liable For Your Interactions With Other Members 
Your interactions (if any) with other users or members of the Sites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further agree that Netpop is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's use or disclosure of Your Information (as explained in the Privacy Policy). If there is a dispute between you and any third party (including any user), Netpop is under no obligation to become involved.

7. NETPOP INTELLECTUAL PROPERTY RIGHTS
Copyright. Unless otherwise noted on this site, all original content created, authored, posted, or offered by Netpop on the Sites is provided on an “All Rights Reserved” basis.
 
Trademarks. Big Data for Small Business and other Netpop Research, LLC logos and names are trademarks of Netpop Research, LLC. You agree not to display or use these trademarks in any manner without our prior, written consent. Please see our Trademark Guidelines for further information.
 
Nothing in this Terms of Service shall constitute a transfer of any title or interest in any intellectual property rights (including copyrights, trademarks, or patents) from Netpop to you, except as expressly stated in our limited license. 
 
8. COPYRIGHT POLICY
We respect the intellectual property rights of others, and we ask that our website visitors and members do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the memberships of those who we believe in good faith are repeatedly infringing copyrighted works in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. 

If you believe that your copyrighted work has been copied and is accessible on a Site in a way that constitutes copyright infringement, please send a notice to our Copyright Agent providing the following information:

1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located, such as the URL where it is posted;
4. Your name, address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Netpop's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail:  Cate Riegner, Netpop Research, LLC, 322 Cortland Avenue, San Francisco, CA 94110.
By email: cs@netpop.com

Please be aware that misrepresentations of infringement can result in liability for monetary damages. If you posted material that has been removed due to a takedown notice and you believe that the material in question is not infringing, you may file a counter notification with our Copyright Agent with the following information:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the united states, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under dmca 512 subsection (c)(1)(c) or an agent of such person.

 
9. PRIVACY POLICY
Netpop takes the privacy of its members very seriously. Our Privacy Policy is available at www.netpop.com. By accepting the Terms of Service, you agree to be bound by our Privacy Policy.
 
10. Links to Other Sites and Resources. The Sites contains links to other websites or resources. Netpop has no control over such external sites and resources. You agree that (i) Netpop is not responsible for the availability or accuracy of such external sites and resources, and (ii) Netpop does not endorse nor is it responsible or liable for any, advertising, products, or materials on or available from such external sites and resources.
 
11. Right to Modify Service
Netpop reserves the right to immediately change, suspend, remove, or discontinue any part of the Sites or any content (whether submitted by Netpop or by a member) for any reason, without prior notice or liability.
 
12. No Waiver
If you do not comply with these Terms and Netpop does not take action right away, this does not mean that we have given up any rights we may have, like taking action in the future.
 
13. Dispute Resolution
If a dispute arises between you and  Netpop, we strongly encourage you to immediately contact us directly to seek a resolution by sending an email to dispute@netpop.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. 
 
14. Governing Law
Any claim or dispute between you and Netpop arising out of or relating to these Terms, in whole or in part, will be litigated exclusively by a court of competent jurisdiction located in San Francisco County, California. You and Netpop both consent to personal jurisdiction in those courts.
 
15. Changes to these Terms of Service
Netpop reserves the right to modify the Terms of Service at any time, and without prior notice, by posting amended terms at this website, www.netpop.com. Non-material changes and clarifications will take effect immediately, and material changes will take effect within fourteen (14) days of their posting on www.netpop.com. If we make changes, we will post them and will indicate the Terms of Service effective date. We will also email a notice of the new Terms of Service to the email address provided by during account creation. Your continued use of the Sites indicates your acceptance of the current Terms of Service.
 
16. Severability
If any provision of these Terms are held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the Terms.
 
17. INDEMNITY 
By accepting the Terms of Service, you agree to indemnify and hold Netpop and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Content you submit, post, transmit or otherwise make available through the Sites, (ii) your use of the Sites and Materials, (iii) your connection to the Sites, (iv) your violation of the Terms of Service (including our Copyright Policy and Privacy Policy), and/or (v) your violation of any rights of another.
 
18. WARRANTY &  DISCLAIMERS 
THE SITES, MATERIALS AND CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. YOU USE OUR SITE AND SERVICES AT YOUR OWN RISK. WE MAKE NO COMMITMENTS OR PROMISES ABOUT THE MATERIALS OR CONTENT OR RELATED SERVICES; OR THAT THE INFORMATION ON THE SITES, WILL BE ACCURATE, TIMELY, OR COMPLETE. NETPOP AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.