RevCity Terms and Conditions
Most recently updated on September 6, 2022
Welcome to the RevCity Community! The purpose of RevCity is to provide an online communal platform of resources for users (or potential future users) of 6sense products and services, and other 6sense invitees that participate in 6sense hosted communities, to voluntarily exchange information about 6sense, its products and services, and topics related to marketing, marketing operations, 6sense Revenue AI™, ABM and ABX, sales and sales operations (the “Purpose”). RevCity resources may include online message boards, newsgroups, chat rooms, Wikis, blogs, periodic industry group discussions, peer-to-peer networking, thought leadership on best practices, and/or other interactive forums or forms of media content.
This RevCity Community (“RevCity”) is owned and operated by 6Sense Insights, Inc., on behalf of itself and its affiliates (“6sense”) and/or its service providers and contractors. Participation in RevCity is governed by these terms and conditions (“Terms and Conditions”). By accessing and using RevCity, you (“you” or “user”) agree to be bound by the following Terms and Conditions and all applicable laws. 6sense reserves the right to modify or update the Terms and Conditions at any time. Your continued access and use of RevCity confirms your acceptance of the Terms and Conditions as modified. It is your responsibility to review the Terms and Conditions regularly.
If you or your employer are a 6sense customer, these Terms and Conditions apply in addition to the applicable subscription agreement with 6sense and/or its applicable affiliates (“Agreement”) governing a customer’s use of the 6sense services.
Use of RevCity and Rules of Conduct
You agree that you will use RevCity for its intended Purpose only, and you will not use RevCity for solicitation or advertising purposes (unless 6sense otherwise expressly agrees in writing) .
You further expressly agree not to use any part of RevCity to:
● interfere with other users’ access to or use of RevCity;
● post or transmit any content or material which may injure, disparages or constitutes defamation or libel of any third party;
● post or transmit any unlawful, threatening, or any other material that constitutes or encourages criminal conduct or that violates any law;
● post content that is objectionable or unethical, which could include content that is, without limitation, unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, disparaging, vulgar, obscene, pornographic, profane, libelous, objectionable, inappropriate, improper, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
● impersonate any person or entity, including, without limitation, 6sense or a 6sense employee, or falsely state or otherwise misrepresent your affiliation with any person, group, or entity;
● attempt to gain unauthorized access to RevCity, or access RevCity by any means other than through the interface 6sense provides to you;
● forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of RevCity;
● post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including, without limitation, inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
● post any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy rights of any third party;
● post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
● post or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
● restrict or inhibit any other user of RevCity from using and enjoying RevCity and/or the 6sense products and services; or
● violate the usage standards or rules of any Third-Party Sites (as defined below) accessed through RevCity.
You are solely responsible for the content of your computer and any transmissions you make when using RevCity.
By accessing RevCity, you agree to use the information contained on RevCity in accordance with all applicable local, provincial, national or international laws and regulations.
You may not use, copy, distribute, modify, transmit, revise, reverse engineer, republish, translate, sell, exploit, post or create derivative works of the content of RevCity, in whole or in part, without 6sense’s prior written permission. Elements of RevCity are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Except as expressly provided above, nothing in the Terms and Conditions shall be construed as granting you any license under any patent, trademark or copyright of 6sense or any third party. 6sense reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of RevCity, including without limitation, taking legal action, or suspending or terminating your access to RevCity without notice.
Posts on any part of RevCity may be edited, moved, deleted, or removed in 6sense’s sole discretion.
6sense does not guarantee a response to any post on RevCity. Specifically, support issues should be addressed via 6sense's official support provisions and protocols. You understand that posts on RevCity are addressed to your peers and not 6sense, and 6sense does not guarantee that any support issue will be addressed on RevCity. Any commentary by 6sense employees or representatives on RevCity should not be seen as a replacement for official support provisions and protocols.
6sense does not make any warranty or guarantee that any information posted on any part of RevCity whether or not such posting is made by an 6sense employee, is accurate, complete, or in any way reliable. RevCity posts represent the statements and opinions of the individual user and are not necessarily the opinion of 6sense or its employees, partners, or affiliates. 6sense does not review posts or content made by users on RevCity prior to publication, however 6sense uses commercially reasonable efforts to identify and remove inaccurate, harmful or inappropriate posts or content after being made aware. You agree that you must evaluate and bear all risks associated with the use of any information, and may not rely on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any 6sense employee or representative.
6sense may publish RevCity content that reveals product roadmap plans and/or invite feedback from users related to current and future product features. RevCity content regarding the 6sense product roadmap is 6sense Confidential Information (as defined below), is not to be relied on by users, and 6sense may change its product roadmap plans as disclosed in RevCity at any time without notice. All advice, suggestions, information, ideas and feedback you provide to 6sense regarding our products/services will be considered “Feedback”. All such Feedback shall be owned exclusively by 6sense and you hereby assign and agree to assign to 6sense all right, title and interest in and to such Feedback and all intellectual property rights therein; provided that here the user or user’s employer has an Agreement, to the extent that there is a conflict between the treatment of Feedback under these Terms and Conditions and the applicable Agreement, those terms in the Agreement shall control as between you and 6sense. 6sense has no obligation to use or incorporate any Feedback you provide, including within our 6sense’s services, nor any obligation to include any such Feedback in any product roadmap, which shall be in 6sense’s sole discretion.
Your Information. Because RevCity is a communal forum, any information that you disclose in connection with your use of RevCity (“User Information”) will not be considered your confidential information nor confidential information of your employer, and you acknowledge that you are responsible for ensuring that you have authority to disclose any and all information that you share in connection with your use of RevCity to 6sense and other users without restriction. The foregoing supersedes any language to the contrary contained in an Agreement or non-disclosure agreement between you (or your employer) and 6sense.
6sense Information. “6sense Confidential Information” shall include any and all 6sense information accessed by user behind a log-in via RevCity or Third-Party Sites (as defined below) via RevCity, including, without limitation, 6sense content, product, technical and business information, and all Feedback. 6sense Confidential Information does not include information posted by 6sense within RevCity (“6sense Content”) that (i) was in the public domain at or subsequent to the time it was included within 6sense Content through no fault of user; (ii) was rightfully in user’s possession free of any obligation of confidence at or subsequent to the time it was included in 6sense Content; or (iii) was developed by user independently of and without access or reference to any information within the 6sense Content.
You agree to protect the confidentiality of any 6sense Confidential Information shared or disclosed in the forum in the same manner that you protect the confidentiality of your own proprietary and confidential information of like kind, but in no event shall you exercise less than reasonable care in protecting such 6sense Confidential Information. You will not disclose or use any 6sense Confidential Information for any purpose except within RevCity for the Purpose, evaluating 6sense as a potential service provider for your business, or otherwise optimizing use of 6sense services as a customer. You may disclose the 6sense Confidential Information if compelled by law or court order to do so, provided that you provide 6sense, to the extent permitted under applicable law, reasonable written notice prior to any such disclosure, and assist in seeking an order protecting the information from disclosure, or limiting the scope of disclosure.
Access and Log-In Credentials
In order to access and use certain features or content available through RevCity, you may be required to establish a username with a third-party service provider, and you grant 6sense the right to share the information necessary to enable your use of RevCity with our third-party service providers. You may not use a username that (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses “6sense” as all or part of it, unless we provide express permissions to do so, or (vii) we reject, which we may choose to do in our sole discretion.
6sense Customers may have access to exclusive RevCity features, content or other online community resources. For visitors or users of RevCity who are not 6sense customers, 6sense may restrict your access to the “Prospects” portion of RevCity, and/or other limited-access areas of RevCity, and such visitors or users may not access the 6sense services.
You are responsible for maintaining the confidentiality of your username, password and account, and are fully responsible for all activities that occur under your username, password or account. You agree to: (a) immediately notify 6sense of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. 6sense cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account.
Termination and Suspension
6sense may terminate and/or suspend your access to RevCity immediately: (i) if you violate any of the terms of these Terms and Conditions, (ii) if you use RevCity in a way which has or may negatively reflect on or affect us, our users, or our customers, or (iii) at any time in 6sense’s sole discretion (including, without limitation, where 6sense determines such use is against 6sense’s commercial interest). We are not obligated to provide you with any of your content used in connection with RevCity after termination.
Collection of Information
TO THE GREATEST EXTENT PERMITTED BY LAW, THE COMMUNITY AND ALL INFORMATION, COMMENTARY, SERVICES, DOCUMENTATION AND CONTENT PROVIDED IN CONNECTION WITH ANY PART OF OR ON REVCITY (INCLUDE LINKS TO THIRD-PARTY SITES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. 6SENSE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO REVCITY. YOU ACKNOWLEDGE THAT YOU USE REVCITY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM YOUR USE OF REVCITY OR THE INFORMATION CONTAINED ON REVCITY. THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES.
Indemnification. You agree to indemnify 6sense and its affiliates from and against any and all liabilities, demands, claims, costs, including reasonable attorneys' fees, incurred by 6sense and its affiliates in connection with any demand, claim, action, suit, or loss to the extent arising out of your breach of these Terms and Conditions.
EXCEPT IN THE EVENT OF ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT, OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WRONGFUL DEATH, BUSINESS INTERRUPTION AND WHETHER RESULTING FROM THE USE OR INABILITY OF USE OF ANY CONTENT OF REVCITY, OR A THIRD-PARTY SITE, OR ANY OTHER CAUSE AND EVEN IF A PARTY OR ITS AUTHORIZED REPRESENTATIVES HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. 6SENSE’S AGGREGATE LIABILITY FOR ANY REASON ARISING UNDER THESE TERMS AND CONDITIONS (CUMULATIVE WITH OF ALL CLAIMS) SHALL BE LIMITED TO FIVE HUNDREDDOLLARS ($500). THE ABOVE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You grant us all rights, licenses, and permissions necessary to display, reproduce, disseminate, and otherwise use your content, User Information, and Feedback in connection with RevCity. Posts on any part of RevCity may be edited, moved, deleted, or removed by 6sense. As a RevCity user, 6sense might, and you agree to permit 6sense in its discretion, to highlight your participation in RevCity in documents and marketing materials, including through use of your User Information on 6sense’s web site and in other communications.
You are not granted a license to any software by these Terms and Conditions. Your use of any content on RevCity, except as provided expressly in the Terms and Conditions, is strictly prohibited. 6sense retains all copyright and other proprietary rights in the contents of RevCity. In any use of the content of RevCity, 6sense retains all copyright or other proprietary rights to the content as described in all notices and disclaimers contained thereon. You are not permitted to use the trademarks displayed on RevCity without the prior written consent of 6sense or the third party that owns such trademarks. Except as expressly provided for in the Terms and Conditions, nothing herein shall be construed as conferring any license or right to or under any patent, trademark, copyright or other rights owned by 6sense, its affiliates, related companies or their licensors.
Customer Advocacy Terms
If you are a current 6sense Customer in good standing, you may elect to participate in customer advocacy features that are made available from time to time through RevCity. These features may allow you to earn advocacy points, badges and/or specified awards ("Points”) for participating in various marketing and promotional activities, as described in the Customer Advocacy Guidelines that may be in effect from time to time, which we will publish in RevCity. There is no cost or minimum participation threshold to participate. Points have no monetary value, do not constitute property of the participant, and are not transferable.
If you elect to participate in customer advocacy activities, such as a case study or acting as a customer reference, you agree that 6sense may use your name, title, company name, company logo, quote from you, and other information or materials provided by you in connection with those activities, and you agree to sign any further release form(s) that may be requested by 6sense to document such permission.
Participation in customer advocacy activities and benefits is at 6sense’s sole discretion, and 6sense may terminate any participant’s access to customer advocacy features or suspend their eligibility to participate in customer advocacy activities or benefits, without notice, for any conduct that 6sense believes is in violation of applicable law, is inconsistent with these Terms and Conditions or the Purpose, or is otherwise against the interest of 6sense or RevCity. Upon termination, all accumulated and remaining Points shall become void and irredeemable. 6sense may change these Customer Advocacy Terms, guidelines, rules, regulations, awards and offers (collectively, the “Customer Advocacy Terms”) at any time with or without notice, and may change or remove customer advocacy features at any time without prior notice. Participating users expressly waive any rights or claims of liability against 6sense and/or any of its employees or agents for any awards or other benefits provided via RevCity.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Santa Clara, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of: (i) the United Nations Convention on the Sale of Goods; and (ii) any Incoterms.
Export Law Assurances
RevCity may be subject to United States export controls. RevCity may not be used (i) in or by any resident of a country to which the United States has embargoed goods; or (ii) by anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accepting these Terms and Conditions and using any part of RevCity, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Personal Messaging (PM) System
6sense may make a personal messaging system ("PM System") available to certain of its users that will allow such users to communicate privately with each other. Your use of the PM System is subject to these Terms and Conditions. 6sense reserves the right to read, delete or edit such private messages in its discretion and without prior notice, and/or to remove you from and prevent your further use of the PM System. 6sense also reserves the right to take any further action it deems necessary or appropriate per the terms of these Terms and Conditions.
6sense may provide you with notices via email or via RevCity, as determined in 6sense’s discretion. Any notice or communication that is required or permitted to be given by you hereunder to 6sense must be in writing, signed or authorized by the party giving notice, and may be (a) delivered by hand or deposited with an overnight courier, (b) sent by email, or (c) mailed by registered or certified mail, return receipt requested, postage prepaid, to the following:
Attn: General Counsel
6Sense Insights, Inc.
450 Mission Street, Suite 201
San Francisco, CA 94105
Email: [email protected]
We make no representation that the content on RevCity is appropriate or available for use in every location or country of the world. You are solely responsible for compliance with applicable local laws, rules and regulations, keeping in mind that access to certain content may not be legal by certain persons or in certain countries. All determinations made by 6sense in connection with RevCity are subject to 6sense’s sole discretion. 6sense reserves the right to modify or discontinue all or any part of RevCity at any time. 6sense shall not be liable to you or any third party should 6sense exercise its right to modify or discontinue any part of RevCity.
Some products and/or services described on RevCity may be region specific and may not be approved in some countries, regions, or locations. Please contact 6sense at insert email to obtain appropriate product and/or services information for your country of residence. References to products, services or programs not offered in your country or region do not imply that 6sense intends to announce such products, services or programs in your country or region. 6sense reserves the right to change, modify or update such information and references from time to time.
Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions.
Each party represents and warrants to the other that it has full power and authority to enter into these Terms and Conditions and that it is binding upon such party and enforceable in accordance with its terms.
6sense will not be responsible for failure or delay of performance if caused by a force majeure event, which shall include, without limitation: an act of war, hostility, or sabotage; an act of God; electrical, internet, or telecommunication outage that is not caused by 6sense; government restrictions; or other event outside the reasonable control of 6sense. 6sense will use reasonable efforts to mitigate the effect of a force majeure event.
The following sections shall survive the expiration or termination of these Terms and Conditions: “Use of RevCity and Rules of Conduct”, “Confidentiality”, “Disclaimer”, “Indemnification”, “Intellectual Property”, “Liability Limitation”, “Governing Law”, “Notices”, and “General Provisions”.
These Terms and Conditions represent the complete agreement concerning the subject matter of the Terms and Conditions and, except as set forth herein, may be amended only by a writing executed by both parties. You agree that these Terms and Conditions and any correspondence in connection therewith will be drawn up in English only.