workube.com Terms of Use

Date of Last Revision: June 25, 2009

Welcome to workube.com, a business to business social network that connects you and your company with people and companies in the advertising industry. The workube.com service and network (collectively, "workube.com" or "the Service") are operated by Business IN, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company").

By using the Service you agree to the following Terms & Conditions (the “Terms”):

  • Privacy

    Your privacy is very important to us. Please review our Privacy Policy, which is considered to be part of these Terms. The Privacy Policy contains important disclosures regarding the way we collect and use the information you post on workube.com. Please use the information in the Privacy Policy to make informed decisions.

  • Sharing Your Content and Information

    You own all of the content and information you post on workube.com. With regard to content you post on the workube.com website, you warrant and agree to the following:

    • With respect to photos and images and other content subject to intellectual property (“IP”) rights, subject to your privacy and application settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with workube.com ("IP License") to the extent necessary to provide the Services. This IP License ends when you delete your IP content or your account.
    • When you delete IP content, no other User of the Services will be able to access that content. However, a backup copy may persist on our servers for some time after the deletion of the IP content.
    • While we appreciate your feedback or suggestions, you agree and understand that we have no obligation to compensate you for providing feedback, independent of whether we use such feedback to improve the Services.

  • Registration and Account Security

    workube.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    • You will not provide any false personal information on workube.com, or create an account for anyone other than yourself without permission.
    • You will not use workube.com if you are under 13.
    • You will not use workube.com if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
    • You will keep your contact information accurate and up-to-date.
    • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    • You will not transfer your account to anyone without first getting our written permission.

  • Protecting Other People's Rights

    We respect other your rights, and we expect that you will also respect the rights of others. You agree and warrant that you will not engage in the following activities:

    • You will not post content or take any action on workube.com in violation of another’s rights or any applicable law.
    • We reserve the right to remove any content that we believe violates these Terms.
    • You will not use our copyrighted materials, trademarks & service marks (including but not limited to the marks workube.com, Advertising-IN, the workube.com, the Advertising-IN and workube.com Logos, ADIN) without our written permission.
    • If you collect information from users, you will: obtain their consent, make it clear you (and not workube.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    • You will not post anyone's identification documents or sensitive financial information on workube.com.
    • The forgoing list is not exclusive. We reserve the right to suspend or cancel any User’s account if we believe, in our own judgment, that the User is engaged in activities that might be harmful to workube.com, may disrupt the Services or is in violation of any applicable law or regulation.

  • Copyright

    • To report a copyright infringement you may send an email to copyright@workube.com. You will need to include all of the notice elements listed in the Digital Millennium Copyright Act (the “DMCA”), 17 U.S.C. § 512(c)(3), in your email, as follows:
      • Identify the material on the workube.com site that you claim is infringing, with enough detail so that we may locate it on the website;
      • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      • A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
      • Your address, telephone number, and email address; and
      • Your physical or electronic signature.
    • If you believe that we have removed your posted content by mistake, you may send an email with all necessary details to copyright@workube.com. Please note that we will follow the procedures outlined in the DMCA.
    • Repeated infringements of other people's intellectual property rights, may, at our sole discretion, result in the disablement or cancellation of your account.

  • Prohibited Activities

    You agree that you will not engage in the following prohibited activities:

    • Sending or posting of unsolicited commercial communications (spam).
    • Collection of other Users' information, or accessing workube.com by automated means (such as bots, robots, spiders, or scrapers) without our express prior written permission.
    • Uploading of viruses or other malicious code.
    • Soliciting login information or access an account belonging to someone else.
    • Bully, intimidate, or harass other Users.
    • Posting of content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
    • Developing or operating third party applications containing information about or advertising or otherwise marketing alcohol-related or other mature content without appropriate age-based restrictions and in full compliance with applicable laws.
    • Using workube.com to do any unlawful, misleading, malicious, or discriminatory act.
    • Any activity that could be interpreted as facilitating or encouraging a violations of these Terms.
    • You may not use a Posting Agent to post Content to the Service without express written permission from workube.com. Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express written permission from workube.com. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others.
    • You may not engage in any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by workube.com. A limited exception is provided for general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent in compliance with our robots.txt file. For purposes of these Terms, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, advertisements, for sale, services, or personals, or which is in the business of providing classified advertisement listing services.

  • Third Party Content, Sites, Services and Links

    The workube.com site and Content available through the Service may contain features and functionalities that may links to third party content, which are not under the control of workube.com, including but not limited to links to third-party websites, directories, servers, networks, systems, information and/or databases, applications, software, programs, products or services.

    Your interactions with organizations and/or individuals found on or through the Service, 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 such organizations and/or individuals. workube.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

    In the event that you have a dispute with one or more other users, you hereby release workube.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

  • Paid Services on workube.com

    We may charge a fee to post Content in some areas of the Service and each party posting such Content to the Service is responsible for said Content and for compliance with these Terms. The fee is an access fee permitting Content to be posted in a designated area. All fees paid will be non-refundable in the event that Content is removed from the Service for violating these Terms.

    The following additional terms apply to you if you place an order ("Order"):

    If you place advertisements on someone else's behalf, you agree to the following:

    • When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. Upon acceptance of the Order, advertisements will be delivered as inventory becomes available.
    • Amounts owed will be calculated based on our tracking or bidding mechanisms.
    • You will determine the size, placement, and positioning of your advertisements.
    • We do not guarantee the success of your advertisements, such as the number of clicks you will get.
    • We cannot control how people interact with your advertisements, and are not responsible for click fraud or other improper actions that affect the cost of running advertisements.
    • You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent to such offers, you take full responsibility for the promotion, and you represent and warrant that all such contests or sweepstakes shall be in accordance with all applicable laws and regulations. You shall hold workube.com, its owers, directors, shareholders, officers and employees harmless from any and all damages suffered as a result of any claims that a contest or sweepstakes was not in accordance with all applicable laws and regulations.
    • You may cancel your Order at any time in accordance with these Terms through our online portal.
    • Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your advertisements, your advertisements may remain until the users delete it.
    • We can use your advertisements and related information for marketing or promotional purposes.
    • You will not issue any press release or make public statements about your relationship with workube.com without our written permission.
    • We may reject or remove any ad for any reason and at any time.
    • You warrant that you have the legal authority to bind the advertiser to these Terms.
    • You agree that if the advertiser you represent violates these Terms, we may hold you responsible for that violation.

  • Payments

    If you purchase or make direct payments, you agree to our Payments Terms. The Payment Terms are made a part of these Terms by reference.

    Unless otherwise agreed in writing by workube.com, billing will be at the time of purchase and charged to the credit card furnished for that purpose.

    A valid credit card is required for all payments. Free accounts are not required to provide a credit card number. If you sign up for a paid account, you will be billed immediately and all charges are non-refundable. There will be no refunds or credits for partially used services, upgrade/downgrade refunds, or refunds for months or part-months unused with an open account. There will be no exceptions to this rule.

    All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

    You understand that we may not always identify paid services and communications as such.

  • Limitations on Service

    • workube.com may establish limits concerning your use of the Service. Such limits may affect the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.
    • You understand and agree that workube.com shall at not time be responsible or liable for the deletion or failure to store any Content maintained or transmitted by the Service.
    • workube.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that workube.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  • Access to the Service

    Subject to these Terms, workube.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.

    workube.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the Terms, absent express permission granted by workube.com to do so. You may also create a hyperlink to the home page of workube.com sites so long as the link does not portray workube.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Such a link shall in no manner give rise to the impression that workube.com is a sponsor or endorser of your website.

    workube.com offers various parts of the Service in RSS format. workube.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service, (c) you provide proper attribution to 'workube.com' as the source of the RSS feed, (d) your use or display does not suggest that workube.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden workube.com's systems.

    workube.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

    Use of the Service beyond the scope of authorized access pursuant to these Terms will result in the immediate termination of said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain written permission from workube.com.

  • Termination of Service

    You agree that workube.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if workube.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that workube.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

  • Proprietary Rights

    The Service and all Content displayed on the Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of workube.com.

    You agree that you shall not reproduce, duplicate or copy Content from the Service without the express written consent of workube.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

    Although workube.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to workube.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant workube.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

  • Disclaimer Of Warranties

    YOU AGREE THAT USE OF THE workube.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE workube.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, workube.com HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, workube.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE workube.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, workube.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE workube.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE workube.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, workube.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE workube.com SITE OR THE SERVICE.

    Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  • Limitations of Liability

    In no event shall workube.com, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, even if workube.com was informed of the possibility of such damages. Under no circumstances will workube.com be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, workube.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL workube.com, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO workube.com HEREUNDER.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF workube.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    The Service is controlled and operated from a facility or facilities in the United States. workube.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so of their own choice and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

  • Indemnity

    You agree to indemnify and hold workube.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  • Miscellaneous

    • These Terms, together with any other legal notices and agreements published by workube.com via the Service, shall constitute the entire agreement between you and workube.com concerning the Service.
    • These Terms and the relationship between you and workube.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
    • Any claim or dispute between you and workube.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the County of New York, State of New York.
    • The failure of workube.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision with respect to future violations of these Terms.
    • If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
    • You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    • workube.com may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by workube.com in our sole discretion. workube.com reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
    • Sections IV, VIII, IXXII, XIII, XIV, XV, XVI, XVII and XVIII shall survive termination of the Terms.

  • Amendments

    workube.com reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. workube.com will notify you of any such amendments, changes, modifications or alterations to the Terms by email to the email account you provided to workube.com in the course of your registration. Notwithstanding the foregoing sentence, such amendments, changes, modifications or alterations shall become effective immediately upon the posting thereof on the workube.com website or, at workube.com\’s sole discretion, on any subsequent date as communicated to you via email and as posted on the workube.com website.

Date of Last Revision: June 25, 2009