PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Your access to, and use of, this Site and its Materials is conditioned upon your complete acceptance and compliance with these Terms. By accessing and/or using this Site, you acknowledge and agree that you have read, understand, and are bound to these Terms, as they may be amended from time to time.
We reserve the right to make changes to, update, add, and delete material from this Site and these Terms at any time for any reason without notice to you or any other person. We recommend that you periodically review this Site and these Terms for any changes because your continued use of this Site after we make changes indicates your acceptance to such changes. If you do not accept these Terms, as they may be amended from time to time, you should exit this Site immediately and cease any further use of any Materials you have obtained from this Site. If you are dissatisfied with this Site, your sole remedy is to discontinue using this Site and you understand that we may discontinue, change, or restrict your use of this Site for any reason without notice.
Ownership of Materials. Unless indicated otherwise, Company owns, controls, or licenses all rights, title and interest in and to this Site, all the Materials, code, data and materials thereon, concepts, methodologies, interfaces, protocols, procedures, analyses, processes, adaptations and/or ideas, trademarks, trade secrets and proprietary processes, and the look and feel, design and organization of this Site, and the compilation of the content, code, data and materials on this Site (“Proprietary Materials”). All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of Company unless indicated otherwise. Company retains all copyrights in the individual pages, and their components, and collective works available at this Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, create derivative works from, or in any way exploited, in whole or in part, uploaded, posted, transmitted, performed, or distributed in any way, without Company's prior written permission. All names and trademarks are the property of their respective holders.
You agree not to adapt, modify, decompile, disassemble or reverse engineer, copy, develop derivative works from or otherwise interfere with the operation of the Proprietary Materials or use the Proprietary Materials for any purpose other than those expressly stated in these Terms.
All rights are reserved to their respective copyright owners. No further publication or commercial use may be made of the Material on this Site without our express written permission. You may not make any part of this Site available as part of another web site whether by hyperlink framing on the internet or otherwise. This Site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of this Site or its content.
Not Intended for Children. This Site is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. If you are under the age of 13, please do not supply any personally identifiable information through this Site. If you are under the age of 13 and have already provided personally identifiable information through this Site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.
Accuracy; No Duty to Update. The Material on this Site could contain technical inaccuracies or typographical errors, or other mistakes. Some or all of the Material may be out of date and we have no duty nor make any commitment to update or correct any information on this Site. We make no warranties that this Site will operate uninterrupted or error free or that defects will be corrected. We do not warrant that this Site is or will be compatible with your computer equipment or that this Site or its server is free of errors, computer viruses, worms, "Trojan horses" or other harmful components and we are not liable for any damage you may suffer as a result of any such destructive features.
Links. We may provide links to other websites maintained by us and our affiliated entities as well as links to unaffiliated third parties' websites for your convenience and should not be deemed to imply that we endorse those sites or any content therein. We do not maintain these third party websites and are not responsible for the availability, accuracy, or quality of the content on the third party websites. We make no representations or warranties whatsoever about any other website which you may choose to access through this Site. You should review the terms and conditions related to the use of any third party websites before using them.
User-Generated Content. The following provisions apply to user-generated content posted, or submitted for posting, to this Site (“Submissions”). By posting or submitting content to this Site, you agree to the following provisions, which may be amended from time to time:
- You agree that you are fully responsible for the content that you post or submit. You agree that you will not post or submit any content that (i) violates or encourages the violation of any applicable local, state, national, or international law, rule, or regulation, or (ii) is otherwise inappropriate. You will indemnify us, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Submissions you post or submit. You understand and agree that we are not responsible for Submissions posted or submitted for posting by third parties.
- We, in our sole discretion, reserve the right to reject, edit, remove, or otherwise alter any Submissions submitted or posted to this Site for any reason. We reserve the right, in our sole discretion to revoke a user’s privilege to submit or post Submissions to this Site. (this does not apply to reviews, see our review policy)
- You agree that by posting or submitting Submissions to this Site, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, sublicense, modify, publicly perform, display, translate, create derivative works from, and distribute the Submissions, in whole or in part, and incorporate it into other Company publications, in any form, media, or technology now known or later developed. You authorize us to publish your name and location (city, state and/or country) in connection with any use of your Submission to this Site and in identifying yourself and location, you represent that you have done so accurately. Once your Submission is posted, you will not have the right to remove or edit it.
- You agree to post or submit Submissions to this Site only for non-commercial purposes.
- You agree that you have disclosed any relevant competing interests that, when broadly viewed, could be construed as a conflict of interest or the appearance thereof including, without limitation, financial or beneficial conflicts of interest, employment relationships, and affiliations with other entities or interests.
- Unless otherwise agreed in writing prior to your submission, any material, information or other communication you transmit or post to this Site or third party site will be considered non-confidential and non-proprietary. Company will have no obligations with respect to the Submissions.
You represent and warrant that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with these Terms. You are and shall remain solely responsible for the content of any Submissions you make.
Passwords. This Site is intended by Company to require a valid, working e-mail address and password to access and use the Materials on this Site. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access this Site, (3) any damages or losses that may be incurred or suffered as a result of you or your failure to maintain the strict confidentiality of your ID, and (4) promptly informing Company in writing of any need to deactivate an ID due to potential or actual security concerns. Company is not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to access and use this Site using your ID. You agree to immediately notify Company in writing of any unauthorized use of your ID.
Copyright Infringement Notification. Notification of Claims of Copyright Infringement. Company respects the intellectual property of others and we require our users to do the same. If you believe that any material on this Site infringes upon any copyright you own or control, or that any link on this Site directs users to another website containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Copyright Agent as set forth below.
Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement. Company will respond expeditiously to notices of alleged infringement that are reported to Company's Designated Agent. Contact Company's Designated Agent as follows:
525 West 5th Street
Covington, KY 41011
If you believe that your copyright has been infringed upon, please submit written notification to Company's Designated Agent as specified above and include the following:
- Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that you're claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Your full name, mailing address, telephone number, and, if available, e-mail address.
- Both of the following statements:
- "I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use)."
- "I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed."
- Your full legal name and your electronic or physical signature.
Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found on the U.S. Copyright office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, Company has adopted a policy of banning, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Company may also, at its sole discretion, limit access to any website hosted by Company and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
Counter Infringement Policy. A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When we receive a counter-notification, we may, in our sole discretion, reinstate the material in question. To provide a counter-notification, please submit written notification to our Designated Agent as specified above and include the following:
- Identification of the material that has been removed or to which access has been disabled by Company and the location at which the material appeared before it was removed or access was disabled.
- A statement as follows: "I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled."
- Your full name, mailing address, telephone number, and, if available, e-mail address.
- A statement as follows: "I hereby consent to the jurisdiction of the Federal District Court for the judicial district Company may be found, and I will accept service of process from the complaining party who notified Company of the alleged infringement or an agent of such person."
- Your full legal name and your electronic or physical signature.
User Conduct. You agree to not use this Site to:
- Upload, post, e-mail, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, bullying, harassing, false, inaccurate, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
- Upload, post, e-mail, transmit or otherwise make available any content that we deem adult or pornographic in nature.
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Site;
- Upload, post, e-mail, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, e-mail, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," “pyramid schemes," or any other form of solicitation;
- Upload, post, e-mail, transmit, or otherwise make available 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;
- Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
- "Stalk" or otherwise harass another; or
- Collect or store unauthorized personal data about other users.
Disclaimer of Responsibility for Third Party Content; Reservation of Rights. We take no responsibility and assumes no liability for any Materials or Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of this Site is at your own risk. Company is not liable for any statements, representations, Submissions, or Material provided by its users. Although we have no obligation to screen, edit, or monitor any Submissions posted by users (or any other activities of users on this Site), we reserve the right, at our sole discretion, to remove, take down, destroy, or delete any Materials or Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of this Site, and any Submissions transmitted by you via or in connection with this Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of this Site from fraudulent, abusive, or unlawful use of this Site. INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU. Any use of this Site in violation of the foregoing is in violation of these Terms and may result in, among other things, the termination or suspension of your rights to use this Site.
General Disclaimers. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, (2) RELIANCE ON THE SUBMISSIONS AND MATERIALS; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, OR (5) ANY OTHER FAILURE TO PERFORM BY COMPANY; PROVIDED, THAT THIS LIMITATION SHALL NOT APPLY TO THE OBLIGATION OF INDEMNIFICATION HEREUNDER. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THIS SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. Company and its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Company may make changes to the Materials, or to the services and/or products described therein, at any time without notice. Company makes no commitment to update the Materials.
Indemnification; Damages for Unauthorized Access. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these Terms; or (b) any Submissions you provide, including without limitation, any claim by a third party that your Submissions infringe or violate such third party's rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You acknowledge and agree that your violation of the terms and conditions of these Terms through unauthorized use of or access to this Site will result in a minimum of five thousand ($5,000.00) dollars in damages to Company based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.
Dealing with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this Site.
Cooperation with Government Authorities. If necessary and in accordance with applicable law, Company will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, Company, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site.
Applicable Laws. This Site is controlled by us from our offices within the State of New Jersey. Company makes no representation that the Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials or this Site shall be governed by the internal substantive laws of the State of New Jersey, without regard to its conflict of laws principles.
Termination. Your right to access and use this Site and/or Materials immediately terminates without further notice upon your breach of these Terms. Company may terminate these Terms and/or your right to use this Site at any time, with or without cause.
Assignment. Company may assign these Terms, in whole or in part, in its sole discretion. You may not assign your rights under these Terms without Company's prior written permission. Any attempt by you to assign your rights under these Terms without Company's permission shall be void.
Waiver of Breach. Any failure to enforce any term or provision of these Terms shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms. In addition, any failure to enforce any term or provision of these Terms shall not constitute a waiver of a future breach of that or any other term or provision of these Terms.
Force Majeure. Company shall not be liable for any failure or unavailability of this Site and/or the Materials or failure by Company to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Company's control.
Notice. Company may deliver notices to you under these Terms by means of e-mail, a general notice on http://www.bizzspot.com, or by written communication delivered by first class U.S. mail to your address on record in Company's account information. You may give notice to Company at any time via e-mail to email@example.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
525 West 5th Street
Covington, KY 41011
Attn: Legal Department
If you object to any material found on this Site, please bring your concerns to the attention of firstname.lastname@example.org. The site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
Headings. The headings and sections names contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
Invalidity. If any provision of these Terms shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.