Terms of Service
Last updated February 24th, 2012
The Biznik ® service ("Service") is organized primarily to help entrepreneurial individuals network with other entrepreneurial individuals in a business context and setting. The Service includes the social networking web site at biznik.com ("Site").
You may access the Site or Service as a user ("User") with a free account. While access to certain components of the Site and selected features of the Service is free, Biznik reserves the right to charge fees for features and benefits associated with the Site or Service. A User who pays for the Site or Services shall be known as a "Member" and may be required to sign a separate agreement associated with Member rights and obligations.
Biznik reserves the right to cancel, suspend, or block access to the Site or Service at its sole discretion for violations of these terms, the Code of Conduct, or for any reason, without notice.
For the purposes of this Biznik Terms of Service, Users and Members may be referred to as "you", and the Terms of Service may be referred to as the "Agreement" or "Service Agreement."
II. Conditions Governing All Users
- The Service is available only to users who are 18 years of age or older.
- The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.
- The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
- The Service is available only to those with a valid email address.
- The Service is available only to those who agree not to authorize others to use their account, profile, or messages.
- Users have an obligation to inform Biznik immediately upon learning of a security breach that relates to their account or a third party's improper use of the Service in connection with their account.
- Users agree that portions of the Site and Service are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
- The Service is not available to any User promoting, advertising or selling multi-level or network marketing companies (hereafter, "MLM"). MLM is defined broadly herein as any business that recruits distributors, resellers, consultants, or others for the sale or representation of a product or service that does not originate from the person requesting an account on Biznik, including without limitation matrix marketing, get rich quick schemes, and direct sales companies.
III. User Obligations Regarding User Generated Content
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Site or in connection with the Service, whether publicly posted or privately transmitted shall be referred to herein as "User Generated Content".
- Users assume legal responsibility for all User Generated Content.
- Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Generated Content via the Site.
- Users agree not to post, transmit, or share User Generated Content on the Site or Service that User did not create or does not have permission to post.
IV. Biznik Obligations Regarding User Generated Content
Biznik assumes no obligation to and does not routinely pre-screen User Generated Content posted via the Site or in connection with the Service. As such, Biznik does not guarantee the accuracy, integrity, appropriateness, quality, or validity of such User Generated Content. The User Generated Content posted by users or other third parties does not necessarily represent the views or opinions of Biznik and under no circumstances will Biznik be liable in any way for any User Generated Content, including without limitation any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Site. As a result, you are solely responsible at your own expense for creating backup copies and replacing any User Generated Content you post or store on the Site or provide to Biznik. Notwithstanding its lack of obligation, Biznik may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of Biznik violates this Service Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Biznik assumes no obligation to maintain or store your content. Biznik may delete, modify or restrict the display of User Generated Content at any time for any reason, including but not limited to change in membership account level, service cancellation, violation of the Service Agreement or violation of the Code of Conduct. Once deleted, User Generated Content may not be retrieved.
V. Biznik's Permitted Use of User Generated Content
When you post User Generated Content to the Site, you authorize and direct Biznik to make such copies as Biznik deems necessary to facilitate the posting and storage of User Generated Content on the Site. In addition, with respect to User Generated Content that you elect to post or transmit for inclusion in or on the Site or in connection with the Service, you agree to grant to Biznik, its affiliates and partners an irrevocable, perpetual, world- wide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such User Generated Content, in whole or in part, in all present and future media and in any manner relating to the Site or Service (including, without limitation, in connection with the appearance of such User Generated Content on Biznik and on the sites of our affiliates, partners and others with whom Biznik may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that Biznik is free to use any ideas, know-how, concepts, techniques or other materials implied by User Generated Content.
You may remove User Generated Content from the Site at any time. If you choose to remove User Generated Content, the license granted above will remain in effect and you acknowledge that Biznik may retain archived copies of your User Generated Content. Notwithstanding, Biznik does not claim ownership of User Generated Content and subject to the rights granted to Biznik in this Service Agreement, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
VI. Service Limitations
Biznik may establish limits concerning use of the Service at its discretion, including by way of example only the length, number or size of photos, email messages, postings, or other content that are retained, stored, displayed, or transmitted by the Site. Biznik may also limit the frequency with which you may access the Service. Biznik reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time without notice.
Hosting a Biznik Event. Physical meetings ("Events") hosted by Users ("Event Hosts") are a limited part of the Service. Biznik does not review all events and makes no warranties related to events. Biznik may, at its discretion, review, reject or edit a pending or published Event listing to ensure consistency with the Services. Biznik urges Users to exercise caution and good judgment when paying for or attending Events.
Release. Biznik does not supervise or control Events or other physical interactions among or between Users and any other persons or companies. For many reasons, for example because Biznik is not involved in any way with physical transportation to or from Biznik Events or with the actions of any individuals at Events, because Biznik does not have control over the identity or actions of Event Hosts, Users or others who attend Events, because Biznik cannot guarantee the true identity of Event attendees, and because Biznik typically has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Events, Users assume all risk associated with paying for and attending Events and agree to release Biznik (and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of any nature arising out of or in any way connected with Events. Users further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including relinquishing any rights and benefits under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that a User may lawfully waive such rights and benefits.
VIII. Trademarks; Copyrights; Proprietary Rights
Biznik owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("Biznik Content"). Biznik Content excludes User Generated Content.
Biznik also owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Biznik Content, the Site and Service, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the Biznik Content in whole or in part except as expressly authorized in writing by Biznik. Biznik does not grant any express or implied rights, and all rights in and to the Site and to Biznik's Content are retained by Biznik.
Moreover, The term Biznik and anything on the site that identifies or distinguishes Biznik from other goods are services are registered or unregistered trademarks of Biznik, Inc. (the "Biznik Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Biznik Trademarks without Biznik's prior written consent.
IX. Copyright Infringement Agent
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Biznik at firstname.lastname@example.org or contact Biznik's copyright agent. Biznik's copyright agent may be contacted as follows:
VeriTrademark, 1411 East Olive Way, Seattle, WA 98122, Phone: (206) 588.5981 Email: Info@VeriTrademark.com
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing with enough detail so that Biznik may locate it; provide 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; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit Biznik to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, Biznik will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.
X. User Indemnification of Biznik For Certain Actions
Users agree to indemnify and hold Biznik and its affiliates, officers, agents, subsidiaries, partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User Generated Content you submit, post, transmit, or make available through the Service, (ii) your unauthorized use of the Service, (iii) your connection to the Service, including your use of the Service to provide a link to another site or to upload content or other information to the Site, or (iv) your violation of the Terms of Service or Code of Conduct, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.
Biznik provides the Service "as-is". Biznik provides no express warranties, guarantees, or conditions related to the Site or Services. To the extent permitted by law, Biznik disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Biznik does not warrant that the Site or Service will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Member. Users may have additional rights as a consumer under local law that this Agreement cannot change.
XII. LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
You acknowledge that Biznik cannot provide the Service at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Site or Service, you agree to limit Biznik's potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between Biznik and you as a User.
To the extent permitted by applicable law, Biznik shall not be liable for any consequential, lost profits, special, or incidental damages resulting from your access to or use of--or inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof)- the Site or Service, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. Without limiting the foregoing, you specifically acknowledge that Biznik is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Site, Service or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if Biznik knew or should have known about the possibility of the damages.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
XIII. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
XIV. Notices; Jurisdiction and Enforcement of Service Agreement
Any notice from you to Biznik related to the Site or Service should be addressed to email@example.com.
You understand and agree that this Service Agreement and any notices given pursuant to this Service Agreement are enforceable in electronic format. If Biznik must send you additional information regarding the Service by law, you consent to Biznik sending you this information in electronic form. Biznik may also provide required information to you by email at the address you registered with the Site or by access to www.Biznik.com or another web site designated in an email notice or generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date.
This Service Agreement is governed by the laws of the State of Washington, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington; to which jurisdiction and venue you and Biznik each irrevocably consent.
If any provision of this Service Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party's failure to act with respect to a breach of this Agreement does not that party's rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. Biznik may assign rights or delegate duties under this Service Agreement in connection with a merger, reorganization, or sale of substantially all of its assets. This Service Agreement will bind successors and permitted assigns.