1. ACCEPTANCE OF TERMS OF SERVICE.
- All users of Bizit Services shall be subject to the Terms, including users who have contributed or otherwise provided Content through use of Bizit Services. For purposes of the Terms, “Content” shall include all software, video, script, graphic, photo, music, sound, text, interactive media, as well as any combination of any one or more of the foregoing, which may be accessed through, viewed on or contributed by way of the Bizit Services.
2. NOTICE OF UPDATES.
3. THIRD PARTIES.
- The content of these Terms shall not, and does not, constitute or confer rights or benefits to any one or more third parties.
- Bizit has no control over, and assumes no liability or responsibility for the content, policies or practices, including privacy policies, of any third party website, including those third party websites which are linked to on one or more Bizit Services. Your use of Bizit Services shall expressly relieve Bizit from any and all liability arising from your use of any third party website.
4. BIZIT USER ACCOUNTS.
- In order to use the Bizit Services, You must create a Bizit user account (an “Account”). Access to your Account shall be limited to those people who have access to your username and password. As such, all account information must be kept secure. You agree that You are solely responsible for any and all activity occurring on your Account. You further agree to notify Bizit as soon as You reasonably believe that there has been unauthorized use on your Account.
- You are not permitted, under any circumstance, to use the Account of another Bizit user without their permission to do so.
- You are solely responsible for the damages or loss caused by unauthorized use of your Account. This responsibility includes liability to Bizit for losses suffered by it, or to third parties as a result of the unauthorized use of your Account.
5. PERMISSIBLE & PROHIBITED USES.
- Bizit hereby grants You permission to use and access Bizit Services, provided that You do not:
- Alter or modify the Bizit Services in any way;
- Access or utilize Content obtained from Bizit other than through the video playback mechanisms provided to You by the Bizit Services;
- Sell, license or otherwise charge for the Content or access to the Bizit Services, except as set forth in these Terms;
- Sell advertising, hold promotions or solicit sponsorship, except as set forth in these Terms;
- Distribute the Bizit Services or Content except through the functionality provided by Bizit;
- Modify, build upon, edit or block any portion or function of Bizit Services, including but not limited to links leading to the Bizit Services;
- Use or launch "robots," "spiders," "offline readers," or any similar type of automated system, without limitation, which access the Bizit Services in a manner that sends more request messages to Bizit’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bizit grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bizit reserves the right to revoke these exceptions either generally or in specific cases.
- Collect, harvest or procure Account identifiers, user names, credit card or bank account numbers, passwords or any other personal information of any kind from the Bizit Services;
- Use the Bizit Services for any commercial solicitation purpose not specifically permitted in these Terms; or
- Solicit, for any purpose, any user of the Bizit Services.
- By using the Bizit Services, You agree that all Content is owned or licensed to Bizit, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions, including without limitation the Content itself as well as the trademarks, service marks and logos contained therein ("Marks").
- Bizit is not responsible for the accuracy, usefulness, safety, decency, offensiveness, objective nature, or intellectual property rights of or relating to the Content. You agree to waive, and hereby do waive, all legal and equitable rights or remedies You have or may have against Bizit with respect to the foregoing, and agree to indemnify and hold harmless Bizit, its owners, operators, affiliates, licensors, and licensees to the fullest extent permitted by law regarding all matters related to your use of the Bizit Services.
Bizit may now or in the future permit the submission of videos, communications or other Content submitted by You (each, a "Partner Submission"), and provide for the hosting, sharing and/or publishing of such Partner Submissions. Bizit does not guarantee any level of confidentiality with respect to a Partner Submission, regardless of whether the Partner Submission is published. You agree that Bizit has the right, but not the obligation, to publish any Partner Submission. You further understand and agree that Bizit may refuse or reject the publication of all or part of any Partner Submission, for any reason whatsoever, in its sole and absolute discretion.
8. YOUR RIGHTS AND OBLIGATIONS FOR CONTENT.
- You are solely responsible for your own Partner Submission, and the consequences of submitting and publishing your Partner Submission on the Bizit Services. You affirm, represent and warrant that: (i) You own or have the necessary licenses, rights, consents and permissions to publish the Partner Submission which You submit, including Commercial Rights to such Partner Submission; (ii) You authorize Bizit to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Partner Submissions to enable inclusion and use of the Partner Submissions in the manner contemplated by the Bizit Services and these Terms; and (iii) you have the written consent, release, and/or permission of each and every identifiable person appearing in the Partner Submission to use their name or likeness and to enable inclusion and use of the Partner Submission in the manner contemplated by the Bizit Services and these Terms.
- You retain all ownership rights, if any, which are possessed by You, as those rights relate to your Partner Submissions. Notwithstanding the immediately preceding sentence, by submitting your Partner Submission to the Bizit Services, You hereby grant Bizit a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Partner Submissions in connection with the Bizit Services and Bizit’s (and its successors’) licensees' businesses, including without limitation for promoting and redistributing part or all of the Bizit Services (and derivative works thereof) and Partner Submissions in any media formats and through any media channels. You also hereby grant each user of Bizit Services a non-exclusive license to access your Partner Submissions through the Bizit Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Partner Submissions as permitted under these Terms and through he functionality of the Bizit Service.
You agree that You will not: (i) submit Content which is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the Content and to grant Bizit all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Bizit or any third party; (iii) submit Content which is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages criminal conduct, will give rise to civil liability, violates or promotes the violation of the law, is inappropriate or otherwise violates these Terms; (iv) advertise or solicit business in violation of these Terms; or (v) impersonate another person. Bizit does not endorse any Partner Submission, opinion, recommendation, or advice. Bizit expressly disclaims any and all liability in connection with Partner Submissions. Bizit does not permit copyright or intellectual property infringement, and will remove all Content for which it receives notice of such infringement. Bizit reserves the right, in its sole discretion, to remove and/or terminate all Content, Accounts and user access, without prior notice, for a violation of these Terms.
10. MONETIZATION OF CONTENT.
- Bizit will pay You thirty-three percent (33%) of net revenues recognized by Bizit from advertisements displayed on the Bizit Services or through an authorized third party Content Provider which is attributable to your Partner Submissions. Bizit is not obligated to display any advertisements alongside your Partner Submissions and may determine the content, type and format of advertisements available on the Bizit Services. Bizit reserves the right to retain all other revenues derived from the Bizit Services, including any revenues relating to advertisements located on the Bizit home page or search result pages.
- Payment Account. In order to earn or receive payment of any revenues hereunder, you must at all times have an active Account (or such other payment method as required by Bizit). Bizit does not owe you for any revenues that may be associated with your Partner Submission during any period in which: (a) you do not have a valid method of payment; or (b) any information relating to your Account is materially incorrect in any manner, as determined by Bizit in its reasonable discretion.
- Payment Terms, Limitations and Taxes. Bizit will pay You for any revenues due to you within approximately ninety (90) days after the end of any calendar month, so long as your earned balance is at least US $100.00 (or its equivalent in local currency) at the time payment is due. You are not entitled to earn or receive any revenues in connection with your Partner Submission in any of the following circumstances: (a) if one or more third parties claim rights to certain elements of your Partner Submission except in cases where Bizit’s policies or systems support sharing a portion of the revenues with You, as determined by Bizit; (b) if monetization is disabled on your Partner Submission by either You or Bizit; or (c) your participation in the Bizit Monetization Program is suspended or terminated. Bizit will use reasonable efforts to notify You if any of these circumstances should apply to You.
- Minimum Eligibility A Bizit Partner’s Account must obtain at least 10,000 page views before the Bizit Partner is eligible to receive payment pursuant to these Terms. For the purposes of clarity, You agree that You shall not be due a share of any revenue obtained prior to obtaining 10,000 page views. Bizit reserves the right to disqualify page views for any Content which is in violation of these Terms.
- Election of Monetization. You must opt in to the Bizit Monetization Program at the following web address: ____________________ prior to becoming eligible to receive any payment pursuant to this Agreement.
- Calculation of Net Revenue. The calculation of the net revenue due to You pursuant to this Agreement shall be determined by Bizit, in its reasonable discretion.
11. DIGITAL MILENNIUM COPYRIGHT ACT.
- Bizit has adopted the following copyright infringement policy, in accordance with the Digital Millennium Copyright Act (the "DMCA"), 17 United States Code § 512(c)(3).
- If You believe that Content residing or accessible on or through the Bizit Services infringes a copyright, please send a notice of copyright infringement containing the following information, to the address below: (i) identification of the work or material being infringed; (ii) identification and web address of the allegedly infringing Content; (iii) your contact information, including your name, address, telephone number, and email address; (iii) a statement that You have a good faith belief that the Content is not authorized by the copyright owner, its agent or law; (iv) a statement made under penalty of perjury that the information provided in the notice is accurate and that You are authorized to make the complaint on behalf of the copyright owner; (v) Your physical or electronic signature.
- Please note that after removing the Content pursuant to a valid DMCA notice, Bizit will immediately notify the user responsible for the allegedly infringing Content that it has removed or disabled access to the Content, and may share the DMCA notice with the allegedly infringing user.
- If You believe You are the wrongful subject of a DMCA notification, You may file a counter-notification with Bizit by providing the following information:
- The specific URLs of Content that Bizit has removed;
- Your name, address, telephone number, and email address;
- A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Baltimore County, Maryland if your address is outside of the United States), and that You will accept service of process from the person who provided the original DMCA notification or an agent of such person;
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
- Your signature.
- Upon receipt of a valid counter-notice, Bizit will forward it to party who submitted the original DMCA notice. That party will then have ten (10) days to notify Bizit that he or she has initiated legal proceedings. If Bizit does not receive any such notification within ten (10) days, it may (but is not required to) restore the Content to the Bizit Services. Such a determination will be made by Bizit in its sole and absolute discretion.
- All DMCA notes should be sent to the following designated agent:
add agent info here
12. WARRANTY DISCLAIMER; “AS-IS” NATURE OF SERVICE.
Your access to and use of the Bizit Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE BIZIT SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, BIZIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Bizit makes no representations or warranties of any kind with respect to the Bizit Services, including any representation or warranty that the use of the Bizit Services will: (a) be timely, uninterrupted or error-free, or operate in any combination of hardware, software, system, or data; (b) meet your requirements or expectations; (c) be free from errors or defects; or (d) be free of viruses or other harmful components. Bizit also makes no representations or warranties of any kind with respect to the Content, which is solely the responsibility of, the user or user(s) providing that Content. No advice or information, whether oral or written, obtained from Bizit or through the Bizit Services, will create any warranty not expressly made herein.
13. NO ASSUMPTION OF LIABILITY.
BIZIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BIZIT SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BIZIT’S WEBSITE OR THE BIZIT SERVICES, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH BIZIT’S WEBSITE OR THE BIZIT SERVICES BY ANY THIRD PARTY, AND/OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BIZIT’S WEBSITE OR THE BIZIT SERVICES. BIZIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BIZIT’S WEBSITE OR THE BIZIT SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIZIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
14. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZIT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE BIZIT SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE BIZIT SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BIZIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BIZIT AND ITS AFFILIATES, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID BIZIT TO USE THE BIZIT SERVICES.
15. TERMINATION OF CONTRACT.
- Either party may terminate these Terms at any time by sending notice to the other party. Bizit may terminate or suspend your access to or ability to use any and all Bizit Services immediately, without prior notice or liability, for any reason or no reason. Bizit may immediately terminate or suspend accounts that have been used for copyright infringement or violation of these Terms. In the event of termination by either Party for any reason whatsoever, Bizit reserves the right to maintain any content on Bizit Services which has previously been published on Bizit Services, in its absolute discretion.
- Upon termination of your access to or ability to use the Bizit Services, including but not limited to suspension of your Account, your right to use or access any one or more of the Bizit Services and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Bizit Services shall not relieve You of any obligations arising or accruing prior to such termination or limit any liability that You otherwise may have to Bizit or any third party.
- Upon termination of your access to or ability to use a Bizit Service, your right to receive any amounts due to you which are below the minimum earned balance eligible for payout, as set forth in Section 9(d) above (i.e., $100.00 USD), shall be forfeit.
16. CHOICE OF LAW & VENUE PROVISIONS.
- You and Bizit agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or the Bizit Services in accordance with this Section or as You and Bizit otherwise agree in writing. Before resorting to formal dispute resolution, You agree to contact Bizit at the following e-mail address in order to make a good faith attempt to resolve the dispute: firstname.lastname@example.org.
- These Terms shall be governed in all respects by the laws of the State of Maryland as they apply to agreements entered into and to be performed entirely within Maryland between Maryland residents, without regard to conflict of law provisions. You agree that any claim or dispute You may have against Bizit must be resolved exclusively by a state or federal court located in Baltimore County, Maryland, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Baltimore County, Maryland, for the purpose of litigating all such claims or disputes.
- If You are: (i) a United States federal, state, or local government agency or body; (ii) using the Bizit Services in your official capacity; and (iii) legally unable to accept the clauses in this Section, then this Section doesn’t apply to You. For such entities, these Terms and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Maryland, excluding choice of law provisions.
These Terms constitute the entire agreement between You and Bizit with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. YOU AND BIZIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIZIT SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. WAIVER, SEVERABILITY & ASSIGNMENT.
Bizit’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Bizit may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with any one or more of the Bizit Services.
Bizit may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Bizit Services after the revisions come into effect, you agree to be bound by the revised Terms.
- You agree to comply with all applicable laws when using the Bizit Services.
- Bizit reserves the right to discontinue any aspect of the Bizit Services at any time, without notice to You.
- Bizit and the Bizit Services are controlled and offered by Bizit from its facilities in the United States of America. Bizit makes no representations that Bizit is appropriate or available for use in other locations. Those who access or use the Bizit Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- The singular number shall include the plural, and vice versa;
- The masculine gender shall include the feminine and neuter genders, the feminine gender shall include the masculine and neuter genders, the neuter gender shall include the masculine and feminine genders; and
- The words include and including, and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words without limitation.