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Get Ready for Barcelona
Digital Innovation 2017

RULES OF ENGAGEMENT, ELENBI SA GLOBAL PRIVACY POLICY

These Rules were last updated on 22 June, 2017.

Rules of Engagement

These Rules of Engagement ("Rules") constitute a legal contract between you and ELENBI SA (“ELENBI SA”), the creator and owner of Benchmark by EBG and thedigitalbenchmark.com, of which the Electronic Business Group (“EBG”) is a subsidiary company, that describes how you, the user, are permitted to use thedigitalbenchmark.com website (the "Website"). The terms of use ("Terms"), set forth the high level legal terms that govern your use of all ELENBI SA websites linked towww.EBG.net andwww.thedigitalbenchmark.com. By using the site, you are acknowledging and agreeing to comply with both the ELENBI SA rules and terms; if you do not agree to comply, please do not access or otherwise use the site.

General Use

The content on this Website is the copyrighted, trademarked and/or proprietary work of ELENBI SA or ELENBI SA's third-party licensors and suppliers or other users of the Website (collectively, the "ELENBI SA Content"). ELENBI SA Content may include, without limitation, logos, graphics, video, images, research, submissions, templates, methodologies, software and other related content.

Subject to your compliance with these Rules, ELENBI SA grants you a limited, irrevocable, non-exclusive, non-sub-licensable and non-transferable license to use the ELENBI SA Content and this Website solely for your personal internal use. You agree not to use the Website or the ELENBI SA Content for any commercial, marketing or unlawful purpose. Except for the foregoing license, you have no other rights to the Website or any ELENBI SA Content and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, reverse engineer, alter, enhance, provide access to or in any way exploit the Website or the ELENBI SA Content in any manner without the prior consent of ELENBI SA.

Website Content and Copyright

The Website is the property of ELENBI SA and ELENBI SA grants to users the right to access and use the Website, so long as such use is for internal information purposes, and the user does not alter, copy, disseminate, redistribute or republish any content or feature of this Website. User acknowledges that access to and use of this Website is subject to these Terms of Use and any expanded access or use must be approved in writing by ELENBI SA.

If you breach any of these Rules, your license will terminate automatically, you must immediately destroy any downloaded or printed ELENBI SA Content and ELENBI SA may be compelled to seek legal redress.

Submissions

You are responsible for the information, opinions, evaluations, reviews, ratings and other content or material that you submit, upload, post or otherwise make available on or through the Website (each a "Submission"). You will ensure that your Submission does not include any of the Unauthorized Activities enumerated below.

In making a Submission, you represent and warrant that (1) you are the sole author of the Submission and owner of the intellectual property rights thereto, (2) your Submission is accurate to the best of your knowledge; (3) your Submission fully complies with and does not violate the policies of your employer, and (4) your Submission does not violate any third party confidentiality, non-disclosure, or contractual obligations. When your Submission consists of a review or evaluation of a product or service, you further represent and warrant that (a) you are not an employee, consultant, reseller, competitor or in any other way associated with the vendor you are reviewing or any other competitor in that market; and (b) your feedback is based entirely on your own personal experience with this vendor's product/service.

You further understand and agree that ELENBI SA may copy, display and otherwise use the contents of your Submission, in whole or in part, in the ordinary course of its business. You understand that your personal data will not be displayed to other readers and all personally-identifiable information you provide will be treated in accordance with the ELENBI SA Global Privacy Policy.

Unless otherwise explicitly stated herein or in the ELENBI SA Global Privacy Policy, you agree that any Submission provided by you in connection with this Website is provided on a non-proprietary and non-confidential basis. ELENBI SA owns all Submissions, and has the right at its sole discretion to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing. We may modify or adapt your Submissions for the sole purpose of transmitting, displaying or distributing them over computer networks and in various media. Any such modification will not alter the substantive content of the Submission.

Restriction on Use

User will not (i) violate the security of the Website nor attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means; (ii) take nor attempt any action that, in the sole discretion of ELENBI SA, imposes or may impose an unreasonable or disproportionately large burden on the Website or its infrastructure; (iii) use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website without the prior written consent of ELENBI SA; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

The following is a list of some of the Unauthorized Activities that constitute a violation of these Rules. This list is not intended to be comprehensive but rather to provide some basic guidelines. ELENBI SA reserves the right at its sole discretion to determine what constitutes an Unauthorized Activity.

Unauthorized Activities

You shall not post Submissions on the Website that:

  • Are known by you or that a reasonable person would know to contain false, inaccurate or misleading information;
  • Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
  • Contain information that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, obscene, pornographic, exploitative of minors, invasive of privacy or publicity rights, abusive, cruel, inflammatory, fraudulent, unlawfully threatening or harassing to any individual, partnership or corporation.
  • Contain information that may constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including ELENBI SA.
  • Contain unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations.
  • Conflict with or are contrary to ELENBI SA' public image, goodwill or reputation; or
  • Contain viruses, corrupted data or other harmful, disruptive or destructive files.

When using this Website, you shall not:

  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any unauthorized robot, spider, scraper or other automated means to access the Website;
  • Frame, mirror, host or otherwise distribute the ELENBI SA Content without our express written permission;
  • Take any action that imposes an unreasonable or disproportionately large burden on our infrastructure; Alter the opinions or comments posted by others on this Website;
  • Interfere with, restrict or inhibit any other person from using or enjoying the Website;
  • Take any action that may expose ELENBI SA, its affiliates or its users to any harm or liability of any type; or
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ELENBI SA in connection with the Website.

When ELENBI SA perceives a violation, ELENBI SA reserves the right at its sole discretion to (a) terminate access to your account, your ability to post to this Website and (b) refuse, delete or remove any Submissions or any portion thereof; with or without cause and with or without notice, for any reason or no reason, or for any action that ELENBI SA determines is inappropriate or disruptive to this Website or to any other user of this Website. ELENBI SA may report to law enforcement authorities any actions that may be illegal, and will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.

You agree to indemnify and hold harmless ELENBI SA and its officers, directors, employees, affiliates and agents from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) ELENBI SA or any other indemnified party suffers in relation to any third party claim that your use of this Website violates these Rules and/or any applicable law or infringes any third party intellectual property rights.

Proprietary Rights

Unless otherwise specified in these Guidelines, all information and screens appearing on this Website, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ELENBI SA. All proprietary rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Your use of this Website is at your own risk. The Submissions may include inaccuracies or typographical or other errors. ELENBI SA does not warrant the accuracy, integrity, quality, appropriateness or timeliness of the Content contained on this Website. ELENBI SA has no liability for any errors or omissions in the Content, whether provided by ELENBI SA, our licensors or suppliers or other users. You agree to evaluate and make your own judgment, and bear all risks associated with, your use of any Content.

You understand and agree that ELENBI SA has no obligation to screen, preview, authenticate, monitor, approve or publish any Content submitted to this Website. However, ELENBI SA reserves the right to review and delete any Content or Submissions that, in its sole judgment, violate these Rules or are not of sufficient quality. By using this Website, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks relating to use, accuracy, usefulness, completeness or appropriateness of any Submissions that you make or Content that you receive, access, transmit or otherwise convey via this Website. Under no circumstances will ELENBI SA be liable in any way for any Content or Submissions that contain any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of your Submissions or Content you receive via this Website. You waive the right to bring or assert any claim against ELENBI SA relating to Content or Submissions, and release ELENBI SA from any and all liability for or relating to any Content or Submissions.

ELENBI SA, for itself and its licensors, makes no express, implied or statutory representations, warranties or guarantees in connection with this site relating to the quality, suitability, truth, accuracy or completeness of any content or submissions on this site. Unless otherwise expressly stated, to the maximum extent permitted by applicable law, this site, including the content and submissions, is provided to you on an "as is," "as available" and "where-is" basis with no implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. ELENBI SA does not provide any warranties against viruses, spyware or malware that may be installed on your computer.

ELENBI SA does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this Website. Although ELENBI SA takes reasonable steps to screen this Website for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties, ELENBI SA cannot guarantee that it will be free of infection or that it will be available at any particular time or location.

Limitation of Liability

ELENBI SA shall not be liable to you for any damages resulting from your displaying, copying, or downloading any ELENBI SA content to or from this site. In no event shall ELENBI SA be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising from your use of this site even if ELENBI SA knows there is a possibility of such damage.

Local Laws

This Website is operated by ELENBI SA, Inc., a French entity, and these Rules are governed by the laws of France. You consent to the exclusive jurisdiction and venue of the state and federal courts in Paris, France, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to this Website. You agree that all claims you may have against ELENBI SA, Inc. arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the Country of France. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Rules.

Governing Law

These Terms and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of France, without regard to its conflicts of law principles. User consents to the jurisdiction of the courts of France.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to ELENBI SA, whether by letter, e-mail, telephone, or by using the "Feedback" button on the Website, (collectively, "Feedback"), suggesting or recommending changes to the Website or Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign to ELENBI SA all right, title, and interest in, and allow ELENBI SA to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that ELENBI SA is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Changes

ELENBI SA reserves the right to change, update or otherwise modify these Rules and Terms and the ELENBI SA Content on this Website at any time. ELENBI SA will post the updated and/or modified Rules and you will be expected to check periodically for any such changes. By using this Website after ELENBI SA has updated the Rules, you agree to comply with the updated Rules; if you do not agree with any of the updated Rules, you must stop using the Website.

Changes or Updates to the Website

ELENBI SA reserves the right to change, update or discontinue any aspect of this Website at any time without notice. Your continued use of the Website after any such change constitutes your agreement to these Rules and Terms, as modified.

Contact Us

If you have any questions about these Rules or otherwise need to contact ELENBI SA relating to your use of this Website, you may contact our Customer Service at benchmark@ebg.net