This agreement applies as between you, the User of this Web Site and Bizzbug, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
||means Made Simple 01 Limited, 145-157 St. John Street, London, EC1V 4PY;
||means collectively any online facilities, tools, services or information that Bizzbug makes available through the Web Site or White Label Web Sites either now or in the future;
||means any online communications infrastructure that Bizzbug makes available through the Web Site or White Label Web Sites either now or in the future. This includes, but is not limited to, virtual areas with members, web-based email, email forwarding, blogs, message boards, live chat facilities, profile pages, interactive web pages, file sharing, photo albums, access control systems, sharing systems, administration systems, dashboards, contacts databases and search systems;
|“User” / “Users”
||means any third party that accesses the Web Site or White Label Web Sites and is not employed by Bizzbug and acting in the course of their employment; and
||means the public website running the System located on the domain www.bizzbug.com and any sub-domains of this site (e.g. beta.bizzbug.com) unless expressly excluded by their own terms and conditions;
|“White Label Web Site” / “White Label Web Sites”
||means a website running the System in a form that is customized for usage by a specific customer and hosted on its own unique domain name, and which may contain special features and functionality related to its specific application by that customer, for example the provision of intranet and extranet functionality, or the hosting of special online communities;
||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that is uploaded to the Web Site or a White Label Web Site by a User;
||means the primary unit of organization provided by the System for usage by Users, which allows the grouping of facilities used for purposes such as online communications, collaboration and content storage within a named virtual area, to which access may be controlled in respect to a list of members and an associated configuration of sharing rules;
||means a special Social Space that is automatically created for each User that signs up to the Web Site, or a White Label Web Site, and which is thereafter associated with User’s website account and which may be used to hold online profile page(s) and/or used in the manner of any other Social Space; and
||means an organization or individual that has commissioned a White Label Web Site, and which has been afforded certain administrative controls in relation to the operation of the White Label Web Site, including but not limited to the ability to selectively add and remove User accounts; or an individual or organization that has commissioned or subscribed the usage of special features on the Web Site;
||A written, email or e-commerce purchase order made for commercial services relating to the Web Site or a White Label Web Site supplied by Bizzbug
Subject to the exceptions in Clause 3 of these Terms and Conditions, all components of the System present on the Web Site and White Label Web Sites, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bizzbug, or our affiliates and technology suppliers. By continuing to use the Web Site and White Label Web Sites you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Third Party Intellectual Property
When Users upload User Content to the Web Site or White Label Web Sites, the ownership of the Intellectual Property Rights subsisting within the User Content are unaffected.
Fair Use of Intellectual Property
Material from the Web Site or White Label Websites may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site or White Label Web Sites may contain links to other sites. Unless expressly stated, these sites are not under the control of Bizzbug or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site or White Label Web Sites on other sites may do so only to the home pages of the sites, or to the home pages of Social Spaces or User Profiles residing within the sites, without prior permission. Deep linking (i.e. links to specific pages within the site), except for the linking to the homepages of Social Spaces and User Profiles, requires the express permission of Bizzbug. This allows Bizzbug to re-engineer its Web page addressing scheme without causing broken links.
Use of the System and User Content Submission
When using the System and when submitting User Content to the Web Site you should do so in accordance with the following rules:
- you must not use obscene or vulgar language;
- you must not submit User Content that is unlawful or otherwise objectionable. This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- you must not submit User Content that is intended to promote or incite violence;
- it is advised that posts on message boards, chat facilities or similar and communications with Bizzbug are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
- you must not post links to other web sites containing any of the above types of Content;
- you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
- you must not impersonate other people, particularly employees and representatives of Bizzbug or our affiliates;
- you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
- you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that Bizzbug reserves the right to monitor any and all communications made to us or using our System.
In order to use the System and submit User Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
- any information you submit is accurate and truthful; and
- you will keep this information accurate and up-to-date.
- By submitting User Content you warrant and represent that you are the author of such User Content or that you have acquired all of the appropriate rights and / or permissions to use the User Content in this fashion. Bizzbug accepts no responsibility or liability for any infringement of third party rights by such User Content.
- Unless a User informs Bizzbug otherwise, in advance of posting, in writing, and Bizzbug agrees to any terms or restrictions, all User Content uploaded to the Website may be hosted on the Website until such time as Bizzbug may deem appropriate under a royalty-free, perpetual basis. This is because it may not be technically possible to delete User Content uploaded by one User without affecting the User Content uploaded by another user.
- Bizzbug will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such User Content, nor for any errors or omissions in the User Content. Use of and reliance upon such User Content is entirely at your own risk.
- Content submitted by Users is not screened by Bizzbug prior to appearing on the Website or White Label Web Sites. We retain the right to exercise our sole discretion to remove or relocate any User Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of User Content, please submit your query to email@example.com. This does not constitute an undertaking to explain our actions.
- Users and Licensees shall not either directly or indirectly engage in any usage of the Service that is not considered reasonable by Bizzbug, or which may adversely affect the operation of the System in ways including but not limited to, causing unexpected or unusually high usage of server computer processor cycles or main memory, server computer storage systems, network device processor cycles or main memory, network bandwidth, or causing increased workload for the technical administrators of the service, without the prior written agreement of Bizzbug. Bizzbug may at its sole discretion restrict access to the service by Users or Licensees to prevent such usage.
Users and Licensees agree that they shall reimburse all reasonable losses and damages (including without limitation reasonable legal fees) suffered or incurred by Bizzbug as a direct result of any and all demands, liabilities and claims asserted against Bizzbug, its agents, its clients, servants, officers, employees and suppliers, that arise or result directly from any breach by User or Licensee of the provisions of this Agreement. Users and Licensees agree to reimburse all reasonable losses and damages (including without limitation reasonable legal fees) suffered or incurred by Bizzbug as a direct result of liabilities arising out of any injury to person or property caused by the User Content that they have uploaded to the Website or White Label Websites, including any such material infringing on the proprietary rights of a third party, copyright infringement, and any defective product which the User or Licensee has sold or made available in a Website or White Label Website.
Termination and Suspension
In the event that the terms of this Agreement are not followed, Bizzbug reserves the right to suspend or terminate the access of a User or Licensee to the Service. Any Users or Licensees banned in this way must not attempt to use the Website or White Label Web Sites until Bizzbug notifies them that they may resume using the Service.
Termination for Convenience
Bizzbug intends to continue to support the Service for so long as Licensees renew their subscriptions in accordance with the applicable Purchase Order; provided, however, if Bizzbug determines in its reasonable discretion that it is no longer feasible to support the Service, Bizzbug may terminate this Agreement at any time by providing ninety (90) days written notice to the relevant Licensee. Any subscription monies paid in advance for thus terminated services will be refunded at a pro rata rate.
- Bizzbug makes no warranty or representation that the Web Site or White Label Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of the Web Site or White Label Web Sites is intended to constitute advice and constituent materials should not be relied upon when making any decisions or taking any action of any kind.
- Whilst every effort has been made to ensure that all descriptions of services available from Bizzbug correspond to the actual services available, Bizzbug is not responsible for any variations from these descriptions.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Bizzbug accepts no liability for any disruption or non-availability of the Web Site or White Label Web Sites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
- To the maximum extent permitted by law, Bizzbug accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or White Label Web Sites or any information contained therein. Users should be aware that they use the Web Site or White Label Sites and their constituent materials and the System at their own risk.
- Nothing in these terms and conditions excludes or restricts Bizzbug’s liability for death or personal injury resulting from any negligence or fraud on the part of Bizzbug.
- Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Limitation of Damages
To the extent permissible by law, the entire, cumulative liability of Bizzbug, its agents, its clients, servants, officers, employees and suppliers for money damages arising out of this agreement and/or the possible commercial licensing of the Web Site or White Label Web Sites to Users or Licensees shall be limited to any subscription license fees paid by said Users or Licensees for usage of the Web Site or White Label Web Sites for six months prior to any material breach of this agreement by Bizzbug.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is received on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Bizzbug shall be governed by and construed in accordance with the Law of England and Wales and Bizzbug and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.