If you do not agree with and accept these terms, you are not allowed to use the Website
This means Bizzler’s online website located at www.bizzler.com and all associated Website Content provided, downloaded, or made available when using the website.
This means all documents, information, property, products, and services owned, licensed or offered directly or indirectly by Bizzler on or through the Website, including: graphics; pictures; text; menus; videos; forms; controls; features; widgets; documents; plug-ins; toolbars; operational features; product listings, descriptions and links; website design; Copyrighted Material; Public Information; Private Information; Contest Material; Communication Material; slogans; software; trademarked materials; Associates information; and Client information.
This refers to artistic work or other material that is already owned or licensed by a person or entity, including: videos; pictures; writing; trademarks; books; ads; maps; dramatic works; paintings; photographs; lyrics; poems; music; sound recordings; motion pictures; software; and website designs.
This means any material that is submitted as an entry in one or more Bizzler contests, including: video clips; audio files; photos; animation; graphics; and text.
This means any material that is uploaded to the Communication Platform, including: comments; descriptions; pictures; personal information; and personal opinions.
This means any Member information that can be found in the public areas of the Website, including: entries made in the comment sections or forums; profile information; photos; and comments shown on the About Me page. In addition, this includes any information that can be found in other public venues or outlets, including: broadcast outlets or media; print media; internet websites; and social networks.
This means any Member information that is not available as Public Information. Some examples include: date of birth; home address; and social security number.
This means contest entries, files, documents, pictures, messages, letters, emails, or any other type of material sent to Bizzler which could be directly or indirectly considered to be harmful to the Bizzler servers or Viewer computers, or not suitable for reading or viewing. This includes any material that:
- is hateful, threatening, pornographic, graphic, violent, racist, profane, defamatory, obscene, indecent, unlawful, or intimidating to others;
- promotes destructive behavior, such as; self abuse, elderly abuse, spousal abuse, violence, suicide, and incest;
- promotes destructive items, such as; illegal drugs, tobacco, excessive alcohol, weapons, destructive devices, and controlled substances;
- projects a destructive, degrading, unethical, illegal or negative impression relating to Bizzler, Viewers, Associates, or Clients or their respective products and services;
- is unauthorized Copyrighted Material;
- infringes on the rights of others;
- is sensitive or unauthorized information about others;
- is information that could cause emotional or financial harm (e.g. financial documents, photos, correspondence, ID documents, etc.);
- promotes or depicts child abuse or child pornography; and
- is or contains destructive or malicious communication or software elements, including; virus, spam, spyware, harvesting bots, robots, spiders, scrapers, worms, time bombs, Trojan horses cancelbots, corrupted files, or any other similar software or programs that could damage the operation of another’s computer or property of another.
This means the tools, services and information provided as a part of the Website to assist Members in uploading, displaying, judging, and promoting their Contest Material, including: submit page; entry page; share icons; voting system; description box; and associated information.
This means the tools and services provided as a part of the Website to assist Members in communicating with each other, including: bulletin boards; chat areas; forums; comment fields; collaboration fields; and personal profile fields.
This means an irrevocable, transferable, royalty free, worldwide, exclusive license to use the specified service, product or information, for the specified time period and in any manner desired by the licensee, including; sublicense, display, assign, modify, or repurpose.
This means an irrevocable, nontransferable, royalty free, worldwide, non-exclusive license to use the specified service, product or information, for the specified time period and purpose.
This means any person that uses the Website, including; Guests, Members, and Contestants. Viewers must be at least 14 years old and if still considered a minor in the jurisdiction of Viewer’s residence (e.g. under 18 years old), must have written permission from at least one of his/her parents or legal guardians to use the Website. By using the Website, Viewer represents that at least one of Viewer’s parents or legal guardians: has read, understood, and agreed to the TOU; has agreed to be legally bound by the TOU; has given Viewer permission to use the Website; and will take responsibility to ensure that Viewer will comply with the terms and conditions stated within the TOU. Any use of the Website by anyone under the age of 14 is strictly prohibited.
This means any Viewer that is not registered as a Member. Guests can use the Website to view reference information, contest entries, voting results, and comments, but are not provided with a means to participate in using the Communication Platform, establish an account page, vote in contests, enter contests, nor receive rewards.
This means any Viewer that has registered with Bizzler by submitting an online application for registration that is validated and accepted by Bizzler. Membership is free. Members have full access to Website features, which includes: viewing reference information and contest entries; using the Communication Platform; voting; submitting contest entries; receiving rewards; and establishing and maintaining an account page.
This means any Member that has submitted one or more entries in any Bizzler contest.
This means any person or entity that is a customer of Bizzler, including: 1) advertising agencies, sponsoring companies, charities, and celebrities; and 2) their respective employees, management, staff, consultants, sales reps, corporate directors, and corporate officers.
This means any person or entity that is involved with Bizzler from the standpoint of operating the business, including: 1) business partners, consultants, vendors, software development companies, financing companies, subsidiaries, third party content providers, licensors, investors, shareholders; and 2) their respective employees, management, staff, consultants, sales reps, families, friends, corporate directors, and corporate officers.
This refers to actions taken by any Viewer which could be considered immoral, unethical, illegal, or indecent, including:
- Disrespecting or disregarding the rights and property of others, including: Viewers, Associates, and Clients
- Copying, distributing, or using Copyrighted Material without permission from the owner of such material;
- Using material owned by Viewer or others in inappropriate ways, which includes: 1) illegal, 2) unethical, 3) misleading, 4) self gaining, 5) degrading, 6) malicious, 7) discriminatory, 8) threatening, 9) abusive, 10) defamatory, 11) invasive of privacy or publicity rights, 12) vulgar, 13) obscene, 14) profane or otherwise objectionable, 15) conduct, or encourages conduct, that could constitute a criminal offense, 16) in violation of any law or third party Trademark or Copyright, 17) unauthorized commercial applications, or 18) in a way that could give rise to civil liability;
- Harming, attacking, overburdening, inhibiting, or impairing operation of the Website;
- Using the Website to harm, bully, intimidate, or take advantage of others;
- Submitting Inappropriate Material;
- Acting in a manner that, in Bizzler ‘s sole discretion, restricts or inhibits any other Viewer from using or enjoying the Website; and
- Using the Website to solicit others to become subscribers of other on-line companies that compete with Bizzler.
3.0 Viewer Policies
Bizzler requires that all Viewers act in a responsible and professional manner when they use the Website. Viewer agrees to refrain from participating in Inappropriate Behavior or submitting Inappropriate Material. Bizzler reserves the right to terminate Website access by any Viewer that violates these policies.
3.1 Website Content
Viewer may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Website Content, in whole or in part. Viewer may download Website Content for their personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Website Content will be permitted without the express permission of Bizzler. In the event of any permitted copying, redistribution or publication of Website Content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Viewer acknowledges and agrees that he/she does not acquire any ownership rights by downloading or copying Website Content. Unless specifically stated, nothing in the TOU shall be construed as conferring any type of ownership, license, or other rights with regard to Website Content
3.2 Hyperlinks To Third Party Websites
The Website provides various hyperlinks, some of which can take Viewers to third party websites. In addition, hyperlinks can be used by third party websites to bring Viewers to the Bizzler Website. These linked sites are not under the control of Bizzler and Bizzler is not responsible for any issues related to the linked website, including: the contents of any linked site; the contents of any site linked to a linked site; or any changes or updates to such linked sites. Bizzler is not responsible for webcasting or any other form of transmission received from any linked site. Bizzler supports hyperlink interaction only as a convenience and this does not in any way imply endorsement of any third party site by Bizzler. When a Viewer leaves the Bizzler Website, the Bizzler TOU no longer applies and the Viewer then operates under the policies of the linked website.
3.3 Third Party Information
Bizzler is not a publisher of content supplied by third parties and therefore Bizzler has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or Website Members, are those of the respective author(s) or distributor(s) and not of Bizzler. Neither Bizzler nor any third-party provider of information can guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the Website represents the opinions and judgments of the respective information provider. Bizzler neither endorses nor is responsible for the accuracy or reliability of any opinions, advice, or statements made on the Website by anyone other than an authorized Bizzler spokesperson while acting in his/her official capacity. Under no circumstance shall Bizzler be liable for any loss or damage caused by a Viewer’s reliance on information obtained from or through the Website. It is the responsibility of the Viewer to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content provided by a third party or made available on the Website.
3.4 Viewer Assets
Viewers shall be fully responsible for obtaining, operating, maintaining, and keeping secure all assets needed to access and use the Bizzler Website, including but not limited to; equipment, hardware, software, internet connections, and internet accounts. Viewer agrees that Bizzler shall not be liable for any problems associated with viewer assets or the use of such assets, including; connection problems, downtime, and lost opportunities.
3.5 Software Downloads
Any software that is made available to download, directly or indirectly, from the Website (“software”) is the property and copyrighted work of Bizzler and/or its suppliers. Use of the software is governed by the terms of the associated license agreement which is included with the software (“license agreement”). Viewers will be unable to install any software that includes a license agreement, unless he/she first agrees to the license agreement terms.
The software is made available for download solely for use by Viewers in accordance with the license agreement. Any reproduction or redistribution of the software not in accordance with the license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying the software on to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. Violators will be prosecuted to the maximum extent possible.
The software is warranted in accordance with the terms of the associated license agreement. Except as warranted in the license agreement, Bizzler disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In addition, Bizzler does not make any assurances with regard to the accuracy of the results or output that is derived from using such software.
In no event shall Bizzler and/or its respective Associates be held liable for any special, indirect, or consequential damages resulting from the loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the software or failure to provide proper support for the software.
3.6 Policy On Unsolicited Ideas
Unless otherwise specified for special circumstances, events or contests, Bizzler does not accept or consider unsolicited ideas, including ideas relating to existing or new products, services, and operations (e.g. new features, software upgrades, advertising campaigns, promotions, products, marketing, technologies, processes, materials, and product names).
The primary purpose of this policy is to avoid potential misunderstandings or disputes in the event that upcoming changes to Bizzler’s products, services or operations appear to be similar to ideas submitted to Bizzler. Any unsolicited material sent to Bizzler will be returned to sender. Bizzler can make no assurance that unsolicited ideas will be kept confidential and in no event shall Bizzler or its Associates be held liable for any associated direct or indirect loss or perceived loss incurred by the sender.
4.0 Member Policies
Bizzler requires that all Members act in a responsible and professional manner when they use the Website. Member agrees to refrain from participating in Inappropriate Behavior and submitting Inappropriate Material to the Website. Bizzler reserves the right to terminate Website access by any Member that violates this policy.
In order for a Viewer to become a Member and gain full access to the Website features (e.g. submit votes, use Communication Platform, submit contest entries, receive awards), he/she must register with Bizzler and create and maintain a personal online account.
Viewers must be a resident of the USA and at least 14 years old and if still considered a minor in the jurisdiction of Viewer’s residence (e.g. under 18 years old), must have written permission from at least one of his/her parents or legal guardians to become a Member. By registering to become a Member, Viewer represents that at least one of Viewer’s parents or legal guardians; 1) has read, understood, and agreed to the TOU, 2) has agreed to be legally bound by the TOU, 3) has given Viewer permission to become a Member and use the Website, and 4) will take responsibility to ensure that Viewer will comply with the terms and conditions stated within the TOU. Any attempt to register or use the Website by anyone that does not reside in the USA or is under the age of 14 is strictly prohibited.
If the registration is performed on behalf of another entity (e.g. person, company, group, school, organization, trust), then Viewer represents and warrants by performing the registration that Viewer; 1) is fully and legally authorized to bind the associated entity to the TOU, and 2) fully agrees to the TOU on behalf of the entity.
Some personal information is required during the registration process, which includes the Member’s screen name, email address, password, location (country), date of birth, and gender. This information is automatically moved over to the Member’s profile page when submitted. Additional information can be added to the Member’s profile page, at the Member’s option, once the initial registration is complete. Bizzler reserves the right to remove or change the Member’s screen name or other profile information for any reason, including; inappropriate language, and trademark infringement.
Each Member is entirely responsible for; 1) keeping their profile information accurate and up to date, 2) maintaining the confidentiality of their password and account, 3) all activities that occur under their account, and 4) immediately notifying Bizzler of any unauthorized use of their account or any other breach of security.
Bizzler distributes cash proceeds based on number of votes and it’s very important that “extra” votes are not created by a single person registered as multiple Members. Each Member specifically agrees to refrain from doing the following:
- submit multiple registrations under different names;
- use false or misleading information for profile, including: name, street address, email address, and date of birth. Each Member agrees to use the edit tools on the profile screen to update this information if it changes;
- create a new account under a different name without permission if a Member’s account is terminated; and
- anything that might jeopardize the security of a Member’s account or the account of another Member or Judge.
Bizzler is not liable for any loss that Member may incur as a result of someone else using Member’s password, profile information, or account information, either with or without Member’s knowledge. However, Member could be held liable for losses incurred by Bizzler or a third party due to someone else using Member’s password, account, or account information. Member agrees not to use anyone else’s password, account, or account information at any time, without the permission of the account holder.
Bizzler reserves the right to immediately suspend or terminate any Membership due to violation of these policies or any other actions which are deemed by Bizzler to be inappropriate. In addition, Bizzler reserves the right to make exceptions, on a case by case basis, to the above stated requirements.
4.3 Communication Platform
Bizzler provides the Communication Platform (e.g. forums, comment fields, collaboration fields) to assist Members in using and enjoying the Website. Member agrees to use the Communication Platform only to post, send and receive Communication Material that is appropriate. By way of example, and not as a limitation, Member agrees that when using the Communication Platform, Member will not:
- use the Communication Platform in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- defame, abuse, harass, stalk, threaten or otherwise violate the rights or privacy of others;
- publish, post, upload, distribute, disseminate or otherwise make available Inappropriate Material;
- advertise or offer to sell or buy any goods or services for any third party business purpose, unless instructions specifically allow such messages;
- upload any file from any third party source that Member knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- falsify or delete any copyright management information, such as: author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software;
- restrict or inhibit any other Member from using and enjoying the Communication Platform;
- participate in Inappropriate Behavior when using the Communication Platform;
- violate any code of conduct or other guidelines which may be applicable to any third party communication platform;
- harvest or otherwise collect information about others, including email addresses;
- violate any applicable laws or regulations; and
- create a false identity for the purpose of misleading others.
Bizzler has no obligation to monitor the Communication Platform. However, Bizzler reserves the right to review materials posted on the Communication Platform and to remove or modify any such materials in its sole discretion. Bizzler reserves the right to terminate any Member’s access to any or all of the Communication Platform at any time, without notice, for any reason whatsoever. Bizzler reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bizzler’s sole discretion.
Materials uploaded to the Communication Platform may be subject to posted limitations on usage, reproduction and/or dissemination. Members are responsible for adhering to such limitations if he/she downloads the materials.
Members must use caution when giving out any personally identifiable information when using the Communication Platform. Bizzler does not control, endorse, nor necessarily agree with the content, messages or information generated by third parties and used with the Communication Platform and, therefore, Bizzler specifically disclaims any liability with regard to the Communication Platform and any actions resulting from Members using the Communication Platform.
Bizzler does not claim ownership to Communication Material uploaded to the Communication Platform.
However, by uploading such material, Member thereby grants Bizzler a Non-exclusive License to use the Communication Material for an indefinite period of time and for any purpose.
4.4 Contest Platform
The policies and guidelines that are unique to each contest are provided in the associated contest Brief., including; contest name, Brand/Client name, product name, product description, contest guidelines, contest period, award amounts, and award distribution. The policies and guidelines that are common to all contests are described in sections 4.4.1 – 4.4.5.
4.4.1 Contest Launch
Bizzler plans to launch new contests, from time to time, with the frequency and schedule dictated by Client requirements, internal priorities, and numerous other factors. Bizzler may provide advanced notice, via Email or other means, to alert Members to upcoming contests or related events.
Each new contest is announced and thereafter memorialized on the Website with a Contest Card posted in the Contest Gallery (alongside other Contest Cards) to show the contest name, brand or theme name, brand logo, and product or service name. Viewers can click the View button (located in the lower right section of the associated Contest Card) to display associated contest information located under 3 tabs labeled Brief, Entries, and Submit. Unless otherwise specified in the Brief, any Member can participate in any open contest.
The competitions are open only to those who are considered by Bizzler to be a valid Member in good standing on the day of entry submittal and throughout the remainder of the associated contest period. Bizzler Associates are allowed to become Members, use all of the Website features available to Members (including entering contests) and win prizes unless otherwise stated in the associated Contest Brief.
By submitting Contest Material, Member acknowledges that he/she; 1) has read and agrees with all of the terms and conditions set forth in the TOU, 2) agrees to be bound by all of the terms and conditions set forth in the TOU, and 3) represents and warrants that he/she satisfies all of the associated eligibility requirements.
The contest Brief provides detailed information that is unique to each contest, including; 1) contest theme or name, logo and description of Client, 2) description of product or service to be advertised, 3) description of contest objectives and Contestant’s mission, 4) important dates (start date, entry deadline, voting deadline and award ceremony), 5) judging method, 6) winner categories and award amounts, and 7) general requirements (e.g. length of video, summary of key policies that are defined in detail in the TOU).
4.4.4 Submittal of Contest Material
When Contest Material is submitted and accepted for posting, it is stored on servers and made accessible to Viewers on the Bizzler web site for an indefinite period of time. When Contest Material is submitted and not accepted for posting, it is stored on servers but not made accessible to Viewers. Regardless of whether or not Contest Material is accepted or not, Member hereby agrees to the each of the terms stated herein regarding treatment and disclosure of their Contest Material.
Members shall not submit Contest Material that contains Inappropriate Material and Bizzler reserves the right to reject, remove, or modify any component of the submitted material that Bizzler deems to be Inappropriate Material. Further, Bizzler reserves the right to suspend or terminate the Membership of anyone due to repeated submittal of Inappropriate Material.
Member shall not submit Contest Material that contains Copyrighted Material without the express written permission of the owner of the Copyrighted Material. The burden of determining that any material is not Copyrighted Material rests with the Member. Member shall be solely responsible and liable for any damage resulting from any infringement or any other harm resulting from submitting Copyrighted Material. Bizzler reserves the right to suspend or terminate the Membership of anyone due to submittal of Copyrighted Material.
All music, images, video footage and other content must be either originally produced by Member, or proper permissions must be authorized by the copyright owner. Proper permissions must include the right for the Member to use the content in a commercial venture. Likewise, it is the responsibility of the Member to ensure that all permissions are in place for use of the content (e.g. Talent Release, Supplier Release).
By submitting Contest Material to the Bizzler Website, Member automatically grants (or warrants that the owner of such material expressly grants) to Bizzler the right to use the material, as defined in the Brief, under one of the following methods;
- non-exclusive license
- exclusive license
This method allows Member to keep their ownership rights, use their content as desired, and provide non-exclusive licenses to other parties. Bizzler will use its non-exclusive license in a number of ways, including; 1) displaying the entry for public view during and after the contest, 2) modifying the entry content and displaying the modified content for public view, 3) sharing the content and related ideas with Associates, and 4) evaluating the content for conversion into an ad. Member has the right to terminate the license, withdraw from the contest and forfeit accumulated votes, at any time, by giving Bizzler 30 days written notice. In this case, Bizzler will discontinue using and displaying the entry, but Bizzler cannot guarantee that other parties, which may have copied the entry from the website, will discontinue using and displaying the entry. Member agrees to fully release Bizzler from any and all liability related to the use or display of the entry, by Bizzler or any third party, before and after termination of the license. Unless terminated by Member, the non-exclusive license shall remain active in perpetuity.
This method allows Member to keep their ownership rights, but Member may not use the material for commercial purposes or enter into licensing agreements with other parties. Bizzler will use its exclusive license in a number of ways, including; 1) displaying the entry for public view during and after the contest, 2) modifying the entry content and displaying the modified content for public view, 3) sharing the content and related ideas with associates, and 4) evaluating the content for conversion into an ad. The Brief will define all of the details relating to the license, including; licensing period and the options available for purchasing ownership rights to the material.
Upon receipt of the exclusive license, Bizzler automatically grants Member the right to use the Contest Material for personal use (e.g. portfolio presentation) and for promoting the associated contest.
In all cases
Member automatically grants to Bizzler a Non-exclusive License to use Member’s Public Information for an indefinite period of time for the purpose of promoting the associated contest, other contests, or related events.
4.4.5 Member Vote
Unless otherwise defined in the Brief, Members will be allowed to cast votes for as many entries as desired in each contest, but may only vote once for each entry. With each vote, Members can rate the associated entry by selecting between 1 and 5 voting stars, with a selection of 1 star indicating the worst rating and a selection of 5 stars indicating the best rating. At the end of the contest period, the stars accumulated for each entry will be totaled and compared to determine the winners of the Member vote.
4.4.6 Judge Vote
Some contests may include using a panel of Judges comprised of representatives from organizations associated with the contest, including; Bizzler, Associates, Clients, Celebrities, and experts in a field related to the contest product or theme. The Judges will be defined in the brief associated with each contest. The Judges will cast votes for each entry in the same way as Members, with the selection of 1 star indicating the worst rating and a selection of 5 stars indicating the best rating. At the end of the contest period, the stars accumulated for each entry will be totaled and compared to determine the winners of the Judge vote.
The brief associated with each contest will provide all details related to awards, including:
- award announcement date
- winning categories for Member Votes (e.g. 1st, 2nd, 3rd and 4th place)
- winning categories for Judge Votes (e.g. 1st, 2nd, 3rd and 4th place)
- cash awards for each category
- non-cash awards for each category (e.g. car, back stage pass, cruise)
- trophies for each category
- date of award distribution
- method of award distribution (e.g. by check, within 30 days)
The voting results and award allocations are final when announced and Member agrees to abide by these results no matter how unfair they may seem. Member agrees to hold Bizzler harmless and releases Bizzler from any and all liability related to the voting results.
Bizzler may provide products, services, or benefits as non-cash awards for contest winners. Member agrees to hold Bizzler harmless and releases Bizzler from any and all liability related to non-cash awards, including; satisfaction, injuries, use, or outcome from using the non-cash awards.
By entering any Contest, Member (and if member is a Minor, Member’s parents or legal guardians) agrees to indemnify and release Bizzler and Bizzler’s Associates and Clients from any liability whatsoever, and waives any and all causes of action related to any claims, cost, injuries, loss of property, loss of life, or loss or damage of any kind arising out of or in connection with the entered Contest, including but not limited to; 1) creation of Contest Material, 2) Contest Material that is lost, garbled, misrouted, distorted, or damaged prior to, during, or after submittal, 3) voting and judging of Contest Material, and 4) awards or expected awards.
5.0 General Terms
Viewer agrees to defend, indemnify and hold harmless Bizzler and Bizzler’s Associates , other Viewers, and Clients from and against any and all direct and indirect claims, damages, costs, liabilities, and expenses, and all associated attorney fees arising out of the use of the Website, Contest Platform, and Communication Platform.
A. Member expressly agrees that use of the Website is at Member’s sole risk. Bizzler and Bizzler’s Associates and Clients do not warrant; 1) that the Website and Website content will be uninterrupted or error free, 2) that the results obtained from the use of the Website will be satisfactory to the Viewer, 3) the accuracy, reliability or content of any information, awards, service, or product provided on or through the Website. Viewer’s sole and exclusive remedy with regard to issues or dissatisfaction with the Website is to stop using the Website.
B. The Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the TOU.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Member specifically acknowledges that Bizzler is not liable for the defamatory, offensive or illegal conduct of other Members or third-parties and that the risk of injury from the foregoing rests entirely with Member.
D. Bizzler and Bizzler’s Associates and Clients shall be not be held liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website and Website Content. Member hereby acknowledges that the provisions of this section shall apply to any and all efforts and actions, direct or indirect, related to creating contest entries.
E. In addition to the terms set forth above, Bizzler and Bizzler’s Associates and Clients shall be not be held liable regardless of the cause or duration, for any errors, inaccuracies, omissions, infringements, typographical errors, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the Member, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
F. Force majeure – Bizzler and Bizzler’s Associates and Clients shall not be held liable or responsible for any failure or delay in performance due to circumstances beyond its control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications).
G. Member waives any applicable civil code (e.g. California code §1542) which states the following or something similar to the following:
“a general release does not extend to claims in which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor.”
Member agrees to hold Bizzler and Bizzler’s Associates and Clients harmless for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement. The maximum liability arising out of this statement shall not exceed one hundred dollars ($100).
In the event the above limitation or exclusion does not apply to Viewer due to applicable law, the liability will be limited to the fullest extent permitted by applicable law.
H. Bizzler provides the means for Members to join Bizzler and log into Bizzler using profile information retrieved from external websites (e.g. Facebook). In addition, Bizzler provides the means for Members to share information with external websites. However, Bizzler cannot control the operation of external websites and therefore shall not be considered responsible or held liable for any problems or liabilities incurred by Members as the result of using links to external websites.
Either Bizzler or Member may terminate this TOU agreement at any time.
Without limiting the foregoing, Bizzler shall have the right to immediately terminate Member’s account in the event of any conduct by Member which Bizzler, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this agreement. Termination notices shall be sent out by email, to the email address on file at the time of termination, prior to closing the associated account.
Members may terminate their Membership at any time by contacting Bizzler by email at firstname.lastname@example.org and making the request.
In the case of termination, for whatever reason, any and all applicable terms under this agreement shall survive the termination. All uncontested payments due to a terminated Member or to Bizzler shall be paid within 30 calendar days following the scheduled due date.
Bizzler will make every attempt to live up to the statements made on the Website and accompanying documents, however, there are no guarantees.
In the event a dispute arises due to a misleading, misinterpreted, misunderstood, or ambiguous term or statement, Member agrees to work with Bizzler in a reasonable and professional manner to resolve the dispute directly with Bizzler staff.
In the event that the dispute is not resolved informally by working directly with Bizzler staff, the exclusive method for resolving any disputes, controversies or claims of any nature, including those arising out of or relating to this Agreement, or the making, validity, interpretation, performance or breach of this Agreement, shall be arbitration in Santa Barbara County, California before a single arbitrator under the auspices of, and in accordance with the commercial arbitration rules of, the American Arbitration Association. The single arbitrator shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate in accordance with the terms of this Agreement. The award shall be final, binding and enforceable, and may be enforced by any court of competent jurisdiction. The procedure whereby the evidence (oral and/or written) relating to the matter is presented in the arbitration shall be as agreed to by the parties hereto, and in the absence of such agreement, shall be as determined by the arbitrator; provided, that each party hereto shall have the right to discovery, to call witnesses and to cross-examine (either through legal counsel, expert witnesses or both). The decision of the arbitrator shall be rendered within thirty (30) days following the conclusion of the arbitration proceeding, but in the event that the arbitrator does not render an award within such period the arbitrator shall nonetheless retain jurisdiction of the matter for the purpose of making an award as soon as reasonably possible. Such arbitration proceedings shall be the exclusive means to resolve any disputes, controversies or claims between the parties hereto; provided, however, that either party hereto shall have the right to seek temporary and/or preliminary injunctive relief in a court of competent jurisdiction in Santa Barbara County, California, to enjoin violations of this Agreement pending final resolution of the controversy in arbitration.
By signing this agreement, Member agrees that he/she will not elevate a dispute of any kind to a litigation or legal claim against Bizzler, Bizzler’s Associates nor Bizzler’s Clients. In addition, Member agrees to indemnify, defend, and hold harmless Bizzler and its agents, officers, directors, employees, associates, subsidiaries and assigns (hereinafter “Indemnitees”) from and against all demands, losses, claims, penalties, fines, liabilities, causes of action, expenses and costs, including attorneys’ fees, judgments, or loss of any kind due, which may arise during or be caused in any way arising from Member’s use of and activities related to the Website.
The use of the Website and TOU shall be governed by, construed, enforced under, and interpreted in accordance with the laws of the state of California, applicable to agreements made to be entirely performed within the State of California, without resort to its conflict of law provisions.
If any provision of the TOU is found invalid or unenforceable under judicial decree or decision, the remainder shall remain valid and enforceable according to its terms. Without limiting the previous, it is expressly understood and agreed that each and every provision of the TOU that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to be severable and independent of any other provision and to be enforced as such. Further, it is expressly understood and agreed that if any remedy under the TOU is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set forth shall remain in full force and effect.
In the event there is a conflict between the TOU and a contest Brief, the Brief takes precedence.
Bizzler has the right, at any time, to change or discontinue any aspect or feature of the Website, including; content, hours of availability, and equipment needed for access or use.
Bizzler has the right to make changes to any contest Brief, at anytime and for any reason deemed necessary by Bizzler, including; 1) to clarify statements that are found to be subject to interpretation, 2) to correct errors or add missing information, and 3) to address unforeseen problems, such as system failures or cyber attacks.
Bizzler has the right, at any time, to make changes, deletions, or additions to the TOU. Such changes, deletions, or additions shall become effective immediately upon notice thereof, which may be given by various means, including; posting on the Website, electronic mail, conventional mail, or by any other means by which Member can obtain notice thereof. Any use of the Website by Member after such notice shall be deemed to constitute acceptance by Member of such changes, deletions, or additions to the TOU.
Member (and if Member is a Minor, Member’s parents or legal guardians) agrees to indemnify and release Bizzler and Bizzler’s Associates and Clients from any liability whatsoever resulting from changes.
Viewer agrees that no formal or legal relationship is established between Viewer and Bizzler solely as a result of agreeing to the TOU, becoming a Member, or using the Website, including; joint venture, co-venture, partner, consultant, employment, client, representative, and agency.
Bizzler may assign, transfer, or sublicense the TOU, in whole or in part, in its sole discretion. Viewer agrees not to assign, transfer, or sublicense his/her rights under the TOU.
5.11 Copyright Infringement Claims
This section defines the procedures for Viewer (Claimant) to notify Bizzler of any alleged copyright infringement. Any other type of notification must be handled in accordance with section 5.13.
Bizzler is in compliance with Title 17, United States Code, Section 512(c)(2) and the Digital Millennium Copyright Act (“DMCA”) and will promptly investigate any claim of copyright infringement and take appropriate action as defined under the DMCA.
Prior to making a claim, Claimant should first determine if a valid case can be made for infringement. For example, a legal exception or the defense of “fair use” may apply to the alleged infringement matter. Some examples of “fair use” include uses for; commentary, search engines, education, criticism, news reporting, research, and library archiving. The United States Copyright Office provides detailed information on what constitutes copyright infringement on its website located at www.copyright.gov and provides summarized information on a circular located atwww.copyright.gov/circs/circ01.pdf Once Viewer determines that a valid case can be made for infringement, a claim can be submitted by providing the following information to Bizzler:
- name, description and exact location where the copyrighted material is used or displayed;
- contact information for the owner of the copyrighted material, including; full name, mailing address, phone number, and email address;
- contact information for the Claimant, including; full name, mailing address, phone number, and email address (if different than the owner); and
- a signed statement that certifies, under penalty of perjury, that the complaint is accurate and made in good faith and that the Claimant has full legal authority to enforce the copyrights that may have been infringed.
Send all claim information by email to Bizzler’s DMCA Designated Agent at email@example.com with the word DMCA in the Subject box. Bizzler will take all appropriate steps, as defined by the DMCA, to resolve the issue. However, Bizzler can make no guarantees with regard to the outcome.
From Bizzler to Viewers
General notices that could affect many or all Viewers may be conveyed in a number of ways, including; Website posting, email, or Twitter. Personal notices that affect a single Viewer shall be conveyed by email, using the most current email address on file for the associated Viewer.
From Viewers to Bizzler
Viewers can send questions or comments to Bizzler using the following email address: firstname.lastname@example.org
No waiver by either party of any breach or default herein shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
The word Bizzler, Bizzler’s logos, and other related trademarks appearing on the TOU or Website are pending or registered trademarks of Bizzler Corporation. All rights reserved.
All other trademarks appearing on the TOU or Website are the property of their respective owners.
Words such as include, included, or including are used to denote, in all cases, inclusion without limitation.
Bizzler is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com, amazonsupply.com, or myhabit.com.