Please read carefully, the "Terms of Service" agreement for the BizWhiz.com social networking website.
It may seem long and wordy, but the language is straightforward and clear.
|Who We Are:|
Small Business Resource Centers Inc. (“SBRC” or “we”) operates BizWhiz.com, which is a social networking service that allows members to create unique personal/business profiles on-line in order to find and communicate with other small businesses. SBRC can be contacted at Suite 300, 508- 24th Avenue S.W., Calgary, Alberta, Canada T2S 0K4. The services offered by SBRC include any SBRC branded URL (the "BizWhiz.com Website"), the SBRC instant messaging service, the SBRC application developer service and other features (for example, music and video embedded players), SBRC mobile services, and any other content, or applications offered from time to time, by SBRC in connection with SBRC’s business (collectively, the "SBRC Services"). The SBRC services are hosted in Canada.
SBRC may modify this Agreement from time to time and such modifications shall be effective upon posting by SBRC on the SBRC Website (BizWhiz.com). Your continued use of the SBRC services after SBRC posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated on any changes.
Please use discretion when posting information on or through the SBRC services website. Your SBRC profile may not include any form of prohibited content (as outlined in Section 8 below). Despite this prohibition; Information, materials, products or services provided by other SBRC members (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and SBRC assumes no responsibility or liability for this material. If you become aware of misuse of the SBRC Services by any person, please click on the “Contact SBRC” link at the bottom of all SBRC website pages located on the website.
SBRC reserves the right, in its sole discretion, to reject, refuse to post or to remove any postings (including private messages) by you. We also reserve the right to deny, restrict, suspend, or terminate your access to all or any part of the SBRC services at any time, for any or no reason, with or without prior notice or explanation, and without liability. SBRC expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the SBRC services if it is determined that you have violated this Agreement or pose a threat to SBRC and/or its users and/or are violating any applicable law.
What is bizwhiz.com looking for in its members?
Use of the SBRC services and registration to be a member of the SBRC services (“Membership”) is void where prohibited. By using the SBRC services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the SBRC services does not violate any applicable law or regulation. Your profile may be permanently deleted and your membership may be terminated without warning, if it is verified that you are less than 18 years of age. A member’s profile will also immediately be removed if we have any reason to believe a member is over 18 years of age and misrepresents oneself as under 18 (adults trolling for minors).
This Agreement, and any posted revisions to this Agreement, shall remain in full force and effect while you use the SBRC services or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the Member's Account Settings page. SBRC may terminate your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Membership accounts are automatically disabled after 30 days of inactivity (failure to login) on the website. A member's profile may permanently be 'swept' from the database after 60 days of inactivity. This process maintains current and up-to-date membership activity. SBRC reserves the right to charge a fee to reactivate disabled accounts. Even after a membership is terminated, this Agreement will remain in effect, including Sections 5-17.
You acknowledge that SBRC reserves the right to charge for any portion of the SBRC services and to change its fees (if any) from time to time, in its discretion. If SBRC terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify SBRC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account in this regard.
Use by Members:
The SBRC services are for the personal small business use of members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed and authorized by SBRC. SBRC reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the SBRC services, including collecting usernames, user id numbers and/or email addresses of members by electronic or other means, for the purpose of sending unsolicited email or unauthorized framing of or linking to the SBRC Website (BizWhiz.com), or employing third party promotional sites or software to promote profiles for profit, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from member profiles without notice or explanation and may result in termination of membership privileges. SBRC reserves the right to take appropriate legal action for any illegal or unauthorized use of the SBRC services.
Proprietary Rights in Content on SBRC:
SBRC does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that are posted on or through the SBRC services. After posting content to the SBRC services, you continue to retain any rights that you may have in your content, subject to the limited license herein. By displaying or publishing ("posting") any content on or through the SBRC services, you hereby grant to SBRC a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content solely on or through the SBRC services, including without limitation, distributing part or all of the SBRC website in any media formats (blogs, events, Twitter links, etc.) and through any media channels, except content marked “private” will not be distributed outside the SBRC website. This limited license does not grant SBRC the right to sell or otherwise distribute your content outside of the SBRC services. After you remove your content from the SBRC website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your content outside the SBRC website you change the content’s privacy setting to “private,” we will cease distribution of such private content outside the SBRC website as soon as practicable after you make the change.
The license you grant to SBRC is non-exclusive (meaning you are free to license your content to anyone else in addition to SBRC), fully-paid and royalty-free (meaning that SBRC is not required to pay you for the use on the SBRC services of the content that you post), sub licensable (so that SBRC is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the SBRC services), and worldwide (because the Internet and the SBRC services are global in reach).
You represent, warrant and covenant that: (i) you own the content posted by you on or through the SBRC services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your content on or through the SBRC services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any content posted by you on or through the SBRC services.
The SBRC services contain content of SBRC ("SBRC Content"). SBRC content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and SBRC owns and retains all rights in the SBRC content and the SBRC services. SBRC hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SBRC content (excluding any software code) solely for your personal use in connection with viewing the SBRC website (BizWhiz.com)and using the SBRC services.
The SBRC services contain ‘Content of Users’ and other SBRC licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the SBRC services that does not belong to you or your organization in any way or violates international copyright, trademark and patent laws. Unauthorized distribution of other members’ material is grounds for terminating your member account.
SBRC performs technical functions necessary to offer the SBRC services, including but not limited to transcoding and/or reformatting content to allow its use throughout the SBRC services.
SBRC may reject, refuse to post or delete any content for any or no reason, including content that in the sole judgment of SBRC violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. SBRC does not assume responsibility for monitoring the SBRC services for inappropriate content or conduct. If at any time SBRC chooses, in its sole discretion, to monitor the SBRC services, SBRC nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
You are solely responsible for the content that you post on or through any of the SBRC services, and any material or information that you transmit to other members and for your interactions with other Users.
You are solely responsible for ensuring that all content that you post on or through any of the SBRC services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through SBRC.
The following are examples of the types of content which are illegal or prohibited to post on or through the SBRC services website. SBRC reserves the right to investigate and take appropriate legal action against anyone who, in SBRC's sole discretion, violates this provision, including without limitation, removing the offending content from the SBRC services and terminating the membership of such violators.
Prohibited content includes, but is NOT LIMITED to content that, in the sole discretion of SBRC:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult nature website;
solicits personal information from anyone less than 18 years of age;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another ‘s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves any and all involvement in the transmission of ‘junk mail’, ‘chain letters’ or unsolicited mass mailing, instant messaging, ‘spimming’ or ‘spamming’;
contains restricted or password only access pages, hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise which provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales (without prior written consent from SBRC) such as contests, sweepstakes, barters, advertising, get-rich-quick schemes, internet marketing schemes, posting of affiliate only links, Multi-level marketing or pyramid sales schemes;
includes a photograph or video of another person that you have posted without that person's consent;
within profiles for music bands, comedians, filmmakers etc., the use of blatant sexually suggestive imagery or any misleading or deceptive content intended to simply draw traffic to that profile;
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity; or
The following are examples of the kinds of activities that are illegal or prohibited on the SBRC website and through your use of the SBRC services. SBRC reserves the right to investigate and take appropriate legal action against anyone who, in SBRC's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortuous activity, including child pornography, corruption of minors, fraud, trafficking obscene materials, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property right violation (including but not limited to copyright, trademark and patent infringement) or theft of trade or industrial secrets;
advertising to, or solicitation of, any member to buy or sell any products or services through the unauthorized or impermissible use of the SBRC services. You may not transmit any chain letters, junk email or private messages designed to obtain personally identifiable information, or to solicit or sell to any member inappropriately; In order to protect our members from such advertising or solicitation, SBRC reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which SBRC deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the SBRC services, you acknowledge that you will have breached your Agreement to SBRC. As a reasonable compensation of such wrongdoing, you agree to pay SBRC $35 CAN for each such unsolicited email or other unauthorized commercial communication you send through the SBRC services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the SBRC services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
covering or obscuring the banner advertisements on your personal profile page, or any SBRC page via HTML/CSS code or by any other means;
any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the SBRC services or the networks or services connected to the SBRC services;
impersonating or attempting to impersonate another member, person or entity;
for music band, comedian or filmmaker profiles containing a SBRC media player, copying the code for your SBRC Player and embedding it (or directing others to embed it) anywhere other than your own band profile on SBRC;
using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the SBRC services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third party in exchange for performing any commercial activity through the unauthorized or impermissible use of the SBRC services, on behalf of that person or party. This includes placing commercial content on your profile, posting blogs or bulletins for a third party with a commercial purpose or sending private messages with a commercial purpose;
using the SBRC services in a manner inconsistent with any and all applicable laws and regulations.
create "trolling" posts (deliberately posting misleading or provocative information in order to elicit responses from people. Commonly, adults misrepresenting themselves in order to lure in minors);
a. attempt (i) to access or search the service with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by SBRC Inc. or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox); or (ii) to ‘frame’, ‘mirror’ or otherwise copy any portion of the site without the express written authorization of SBRC Inc.
b. include or create links or otherwise refer to external sites that violate these restrictions
Protecting Copyrights and Other Intellectual Property:
SBRC respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. SBRC has the right to terminate the membership of the aforesaid infringers.
If you believe your work has been copied and posted on or through the SBRC services in a way that constitutes copyright infringement, please send SBRC's Legal Department a notification of claimed infringement with all of the following information:(a)identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the SBRC services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. SBRC's Legal Department for notification of claimed infringement can be reached as follows: Legal Department, Small Business Resource Centers Inc., Suite 300, 508- 24th Avenue S.W., Calgary, Alberta, Canada T2S 0K4
You are solely responsible for your interactions with other SBRC members. SBRC reserves the right, but has no obligation, to become involved in any way with disputes between yourself and other members.
SBRC is not responsible for and makes no warranties, express or implied, as to the user content or the accuracy and reliability of the user content posted on or through the SBRC services, whether caused by users of the SBRC services or by any of the equipment or programming associated with or utilized in the SBRC services and such user content does not necessarily reflect the opinions or policies of SBRC. Profiles and third party applications created and posted by members on the SBRC website may contain links to other websites. SBRC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by SBRC. Inclusion of any linked website on the SBRC services does not imply approval or endorsement of the linked website by SBRC. When you access these third-party sites, you do so at your own risk. SBRC takes no responsibility for third party advertisements or third party applications that are posted on or through the SBRC services, nor does it take any responsibility for the goods or services provided by its advertisers. SBRC is not responsible for the conduct, whether online or offline, of any user of the SBRC services. SBRC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. SBRC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SBRC services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the SBRC services. Under no circumstances shall SBRC be responsible for any loss or damage, including personal injury or death, resulting from use of the SBRC services, attendance at a SBRC event, from any user content posted on or through the SBRC services, or from the conduct of any users of the SBRC services, whether online or offline. The SBRC services are provided "AS-IS" and as available and SBRC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SBRC cannot guarantee and does not promise any specific results from use of the SBRC services.
Limitation on Liability:
In no event shall SBRC be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the SBRC services. SBRC's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SBRC for the SBRC services during the term of membership.
The Agreement shall be governed by and construed in accordance with, the laws of the Province of Alberta, without regard to its conflict of law provisions. You and SBRC agree to submit to the exclusive jurisdiction of the courts located within the Province of Alberta to resolve any dispute arising out of the Agreement or the SBRC Services.
You agree to indemnify and hold SBRC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitor fees, made by any third party due to or arising out of your use of the SBRC services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any content that you post on or through the SBRC services causes SBRC to be liable to another.
This Agreement is accepted upon your use of the SBRC Website (BizWhiz.com) or any of the SBRC services and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and SBRC regarding the use of the SBRC services. The failure of SBRC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BizWhiz.com is a registered trademark of Small Business Resource Centers Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.