1.1 Your use of BizTag Products, software, services and web sites(referred to collectively as the "Services" in this document and excluding any services provided to you by BizTag under a seperate written agreement) is subject to the terms of a legal agreement between you and BizTag."BizTag" means Biztag, Inc., whose prinicpal place of business is at 11301 W. Olympic blvd. Los Angeles, CA 90064,United States.This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with BizTag, your agreement with BizTag will always include, at a minimum,the terms and conditions set out in this document. These are referred to below as the "Univesal Terms".
1.3 Your agreement with BizTag will also include the terms of any Legal Notices applicable to the Services, in addition to the Univesal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you read either within, or through your use of that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and BizTag in relation to your use of the Services. It is imporant that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Univesal Terms say, then the Additional Terms shall take percedence in relation to that Service.
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by BizTag in the user interface for any Service.
(B) by actually using the Services. In this case, you understand and agree that BizTag will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with BizTag, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3.1 Where BizTag has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with BizTag.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4.1 BizTag has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of BizTag itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 BizTag is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which BizTag provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that BizTag may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at BizTag's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform BizTag when you stop using the Services.
4.4 You acknowledge and agree that if BizTag disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while BizTag may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by BizTag at any time, at BizTag's discretion.
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to BizTag will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BizTag, unless you have been specifically allowed to do so in a separate agreement with BizTag. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with BizTag, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that BizTag has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BizTag may suffer) of any such breach.
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to BizTag for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify BizTag immediately.
7.1 For information about BizTag's data protection practices, please read BizTag's privacy policy.
Transparency and Choice
At BizTag, we are keenly aware of the trust you place in us and our responsibility to protect your privacy. As part of this responsibility, we let you know what information we collect when you use our products and services, why we collect it and how we use it to improve your experience.
Privacy Principles
At BizTag, we pursue ideas and products that often push the limits of existing technology. As a company that acts responsibly, we work hard to make sure any innovation is balanced with the appropriate level of privacy and security for our users. Our Privacy Principles help guide decisions we make at every level of our company.
We have five privacy principles that describe how we approach privacy and user information across all of our products:
For more information on how we put these principles into practice including tools to help you control your own personal settings.
7.2 You agree to the use of your data in accordance with BizTag's privacy policies.
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to BizTag (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by BizTag or by the owners of that Content, in a separate agreement.
8.3 BizTag reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, BizTag may provide tools to filter out explicit sexual content.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that BizTag has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which BizTag may suffer) by doing so.
9.1 You acknowledge and agree that BizTag (or BizTag's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by BizTag and that you shall not disclose such information without BizTag's prior written consent.
9.2 Unless you have agreed otherwise in writing with BizTag, nothing in the Terms gives you a right to use any of BizTag's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with BizTag, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and BizTag's brand feature use guidelines as updated from time to time.
9.4 BizTag acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with BizTag, you agree that you are responsible for protecting and enforcing those rights and that BizTag has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by BizTag, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give BizTag a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling BizTag to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
10.2 You agree that this license includes a right for BizTag to make such Content available to other companies, organizations or individuals with whom BizTag has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
10.3 You understand that BizTag, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit BizTag to take these actions.
10.4 You confirm and warrant to BizTag that you have all the rights, power and authority necessary to grant the above license.
11.1 The Software which you use may automatically download and install updates from time to time from BizTag. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit BizTag to deliver these to you) as part of your use of the Services.
12.1 The Terms will continue to apply until terminated by either you or BizTag as set out below.
12.2 If you want to terminate your legal agreement with BizTag, you may do so by (a) notifying BizTag at any time and (b) closing your accounts for all of the Services which you use, where BizTag has made this option available to you.
Your notice should be sent, in writing, to BizTag's address which is set out at the beginning of these Terms.
12.3 BizTag may at any time, terminate its legal agreement with you if:
12.4 Nothing in this Section shall affect BizTag's rights regarding provision of Services under Section 4 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and BizTag have benefited from, been subject to (or which have accrued over time equal to the Terms that have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT BizTag'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
13.3 IN PARTICULAR, BizTag, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BizTag, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
14.2 THE LIMITATIONS ON BizTag'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT BizTag HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15.1 It is BizTag's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and in turn terminating the accounts of repeat infringers.
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by BizTag on the Services are subject to change without specific notice to you.
16.3 In consideration for BizTag granting you access to and use of the Services, you agree that BizTag may place such advertising on the Services.
17.1 The Services may include hyperlinks to other web sites or content or resources. BizTag may have no control over any web sites or resources which are provided by companies or persons other than BizTag.
17.2 You acknowledge and agree that BizTag is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that BizTag is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18.1 BizTag may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, BizTag will make a new copy of the Universal Terms available and display within our website content accordingly and any new Additional Terms will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, BizTag will treat your use as acceptance of the updated Universal Terms or Additional Terms.
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and BizTag and govern your use of the Services (but excluding any services which BizTag may provide to you under a separate written agreement), and completely replace any prior agreements between you and BizTag in relation to the Services.
19.3 You agree that BizTag may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if BizTag does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BizTag has the benefit of under any applicable law), this will not be taken to be a formal waiver of BizTag's rights and that those rights or remedies will still be available to BizTag.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which BizTag is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with BizTag under the Terms, shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. You and BizTag agree to submit to the exclusive jurisdiction of the courts located within County, Delaware to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BizTag shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
