The Site is intended solely for users 13 years of age and older, and you must be at least 13 years old to use the Site or the Service. Accordingly, you represent and warrant that you are either the applicable age of majority, or if you are younger, that you are at least 13 and are accessing the i.am.bizzy Service with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms.
2. Additional Terms
Some aspects of our Service may have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using those aspects of the Service, you agree to the applicable Additional Terms.
3. Password and Account Security
As part of the registration process, you may be asked to choose a user name and password. It is your responsibility alone to ensure the confidentiality of your user name and password. You agree not to register under the name of any other person, and you agree to not provide any false personal information to the Site. We reserve the right to reject any user name that is, in our sole and absolute judgment, offensive. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You accept responsibility for all activities that occur under your account, if any, and agree you will not sell, transfer or assign your membership or any membership rights. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request or if you believe your password may be used by any unauthorized person or entity. We reserve the right to suspend or terminate your use of the Service, in whole or in part, if we believe that your password is being used without permission or otherwise in a manner that may disrupt any aspect of the Service.
4. Personal Information
5. Use of the Site and Service
You are responsible for your use of the Service, and for any use of the Service made using your account. At i.am.bizzy, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users (including Service Providers) or to i.am.bizzy. When you use the Site or Service, you may not:
The Service permits you to post your own photographs and other content (“User Content”) and to share such User Content with others. As between you and i.am.bizzy, you own your User Content.
You give i.am.bizzy permission to use your User Content as follows: you grant to i.am.bizzy and its affiliates a license to use, copy, display and perform your User Content in connection with the Site and Service. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote i.am.bizzy or the Service. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
The individual who posts User Content is responsible for the reliability, accuracy, and truthfulness of such Content, and i.am.bizzy has no control over the same. In addition, i.am.bizzy has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable. We may refuse to accept or transmit User Content. We may remove, move or edit User Content from the Service for any reason at any time. You agree to not repost User Content that we have removed from the Service. We do not endorse any User Content or any opinion, recommendation or advice expressed in any User Content, and we expressly disclaim any and all liability in connection with any User Content to the maximum extent permitted by law.
The Service is not intended to serve as the sole storage for your User Content so you should regularly back up your User Content.
Other than User Content, we own or license all aspects of the Service and the content it contains, or may in the future contain, including, but not limited to, text, works of authorship, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, “Content”) as well as any i.am.bizzy trademarks, service marks, trade names, trade dress, logos, domain names and any other brand elements (collectively, “Marks”). The Content and Marks are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by i.am.bizzy and its applicable licensors, you will not reproduce, duplicate, copy, sell, resell or exploit, in whole or in part, any portion of the Service, including, but not limited to, the Content and Marks. The i.am.bizzy Service is provided for your personal, non-commercial use only. You agree to abide by all copyright notices, information, or restrictions contained in or associated with any Content. i.am.bizzy may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability (unless we reasonably consider the Content to be material to your use of the Service, in which case we will give you reasonable notice ahead of any change).
We always welcome and appreciate your feedback and suggestions about i.am.bizzy and the Service. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.
8. Digital Millennium Copyright Act
i.am.bizzy respects the intellectual property rights of others. Upon proper notice, i.am.bizzy will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512 in the USA and the E-Commerce Directive and associated legislation in the European Union, i.am.bizzy has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send i.am.bizzy’s copyright agent (listed below) a notification of claimed infringement with all of the following information:
Please send all of the above enumerated information to the following i.am.bizzy’s worldwide copyright agent:
i.am.bizzy, llc c/o Hertz Lichtenstein & Young, LLP
1800 CENTURY PARK EAST
Los Angeles, CA 90067
Please do not send notices or inquiries unrelated to alleged copyright infringement to i.am.bizzy’s designated agent.
We reserve the right not to provide the Site or any other aspect of the Service to any user. . If you commit a material breach of these Terms which cannot be remedied by you within a reasonable period of notification of such breach, we may at our discretion terminate or suspend your permission to use the Site and Service. (This does not limit any other termination or suspension rights which are set out in these Terms). . If we disable your account, you agree that you will not create another one without our permission.
11. Disclaimer and Limitations on Our Liability
IF YOU ARE RESIDENT IN THE UNITED STATES OF AMERICA OR ELSEHWERE IN THE WORLD (EXCLUDING THE EUROPEAN UNION), THE FOLLOWING APPLIES TO YOU: YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, i.am.bizzy AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, to the maximum extent permitted by applicable law, i.am.bizzy AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICE BY ANY THIRD-PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE.
i.am.bizzy AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE i.am.bizzy SERVICE OR ANY LINKED WEB SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER i.am.bizzy NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent i.am.bizzy may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of i.am.bizzy’s liability will be the minimum permitted under such law.
IF YOU ARE RESIDENT IN THE EUROPEAN UNION, THE FOLLOWING APPLIES TO YOU:
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraud or fraudulent misrepresentation by us or our employees or agents. Nothing in these Terms is intended to affect your statutory rights.
The Service and its contents are provided on an "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Service or its content.
We assume no liability or responsibility for any errors or omissions in the content of the Service or any failures, for downloading or access to content to the extent caused by a fault or any circumstances beyond our reasonable control.
We disclaim and exclude all representations (except where we, our employees or agents have made fraudulent representations) and warranties, including warranties of merchantability and non-infringement.
To the extent that it is not foreseeable, we disclaim and exclude all liability or responsibility for introduction of viruses to, or loss of data from, devices used to access the Service. Where applicable, you are responsible for making regular back-ups of the contents and data stored on your device at regular intervals.
In no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any indirect consequential losses (where consequential loss means loss arising as a side effect of the main loss) and which are not a reasonably foreseeable consequence of such main loss or damage (which means that they could not be contemplated by you or us at the time of entering into these Terms) whatsoever including but not limited to: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; or (v) loss of data, arising out of or in connection with the use of the Service.
Our maximum joint liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Service shall not exceed the total amount paid by you to us in respect of the Services.
IF YOU ARE RESIDENT IN THE UNITED STATES OF AMERICA OR ELSEWHERE IN THE WORLD (EXCLUDING THE EUROPEAN UNION), THE FOLLOWING APPLIES TO YOU: You agree to indemnify, defend, and hold harmless i.am.bizzy and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Service; (b) the use of the Service by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; and (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. i.am.bizzy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with i.am.bizzy in such defense.
13. Other Provisions
Under no circumstances will i.am.bizzy be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If you are resident in the USA or the rest of the world (excluding the European Union), These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. If you are resident in the European Union, these Terms will be governed by and constructed in accordance with the laws of the European Union Member State in which you are resident.
If you are resident in the USA or the rest of the world (excluding the European Union), [any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Service, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. If you are resident in the European Union any Dispute will be heard by the Courts in the European Union Member State in which you are resident.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of either party to enforce any right or provision of these Terms will not prevent either party from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
14. Electronic Communications
By visiting the Site and/or using the Service you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
15. International Users
The Service is controlled, operated and administered by i.am.bizzy from our offices within the United States of America. If you access the Service from a location outside of the United States of America, you are responsible for compliance with all local laws regarding your use of the Services. You agree that you will not use the Service in any country or in any manner which you are aware is prohibited by any applicable laws, restrictions or regulations.
16. Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site and endeavor to give you reasonable notice of these changes, which shall become effective on the revision date shown in the revised Terms. By continuing to use the i.am.bizzy Service, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Service.
© 2013 i.am.bizzy, llc
i.am.bizzy, i.am+, i.am.angel, will.i.am, foto.sosho and stylized logos thereof are trademarks of William Adams and/or i.am.symbolic, llc.
All rights reserved.