Terms & Conditions
General Terms and Conditions for using BIZTURE
Preamble
By logging on to BIZTURE, users accept the following General Terms and Conditions (hereinafter the “GTC” ) for using BIZTURE. BIZTURE operates BIZTURE services under various top-level domains, as well as various sub-domains and aliases of these domains. All websites on which BIZTURE provides BIZTURE Services are hereinafter referred to as “BIZTURE Websites.” These GTC shall govern the contract relationship between the User and BIZTURE, irrespective of which BIZTURE Website the User is registered with or logged on to. The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all BIZTURE Websites.
1.1 Any use of the services and contents offered on the BIZTURE Websites beyond the scope of options provided by BIZTURE requires the prior written consent of BIZTURE.
1.2 BIZTURE shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. BIZTURE is entitled to remove any illegal or prohibited data and/or information from BIZTURE Websites without prior notice to the User.
1.3 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the BIZTURE Websites. BIZTURE shall nonetheless endeavour to keep BIZTURE Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond BIZTURE's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on BIZTURE Websites.
1.4 BIZTURE merely provides the User with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. BIZTURE does not take part in any communication between users. If users enter into agreements with one another over BIZTURE Websites, BIZTURE shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. BIZTURE shall not be held liable if users are unable to contact one another over BIZTURE Websites regarding such agreements. Furthermore, BIZTURE shall not be liable for breaches of duty in relation to agreements entered into between users.
2. Registration, and Representations and Warranties upon Registration
2.1 The User must register prior to using any of the services on the BIZTURE Websites.
2.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to BIZTURE without undue delay. The User shall not use pseudonyms or pen names.
2.3 The User warrants and represents that he or she is at least 16 years of age at the time of registration and not be a convicted sex offender
2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. BIZTURE shall not disclose the password to any third party and BIZTURE shall not ask for the User's password at any time.
2.5 By completing the registration process, the User consents to enter the agreement to use the services of the BIZTURE Websites. BIZTURE accepts this offer by activating the membership for the use of services on BIZTURE Websites. The agreement takes effect with the aforementioned acceptance by BIZTURE.
2.6 Each User is entitled to register with BIZTURE only once, and the User may only establish one (1) user profile.
2.7 It is technically impossible for BIZTURE to determine with certainty whether any user registered with BIZTURE is in fact the person he or she represents to be. Therefore, BIZTURE assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
2.8 Access to the Site and certain of its features are provided to all Users free of charge. However, Bizture.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.9 Bizture.com reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of Bizture.com.
2.10 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Bizture.com. Bizture.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
3. Obligations of the User
3.1 The User is obliged:
a. To provide only true and non-misleading statements in the User profile and in communications with other users/.
b. To Post on the BIZTURE Websites only photographs of the User in which the User can be clearly and plainly recognized. The User warrants and represents that the public display of the photographs delivered by the User to the BIZTURE Websites is not prohibited. The User shall not upload any photographs or images of any other person than of the User, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.).
c. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Bizture (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
d. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
e. When you publish content or information using the everyone setting, it means that you are allowing everyone, including people off of BIzture, to access and use that information, and to associate it with you (i.e., your name and profile picture).
4.1.4 The user is committed to :
a. not collect users' content or information, or otherwise access Bizture, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission; not post anyone's identification documents or sensitive financial information on Bizture; not tag users or send email invitations to non-users without their consent
b. not solicit login information or access an account belonging to someone else.
c. not do anything that could disable, overburden, or impair the proper working of Bizture.
d. not facilitate or encourage any violations of this Statement.
e. not use Bizture to do anything unlawful, misleading, malicious, or discriminatory; not bully, intimidate, or harass any user; not upload viruses or other malicious code; not use any insulting or defamatory contents.
f. Not use any pornographic or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; not advertise or promote, offer or distribute any pornographic or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors
g. Not unreasonably annoy (particularly with spam) any other user
h. Not use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
i. Not Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
j. Not block, overwrite, modify, copy or distribute any contents of the BIZTURE Websites
5. Changes to the Services on BIZTURE Websites
BIZTURE reserves the right to modify the services offered on the BIZTURE Websites and/or to offer services different from those offered at the time of the User's registration at any time.
6. Responsibility for the User’s Content, Data or other Information
6.1While every care has been taken in preparing the contents contained in the Website, such contents are provided to you “as is” and “as available” without warranty of any kind either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a particular purpose or freedom from computer virus is given in conjunction with such contents. In particular, we assume no responsibility for or make any representations, endorsements or warranties whatsoever in relation to the timeliness, accuracy and completeness of any services, content, information and/or data contained in the Website, whether provided by us, any content providers or third parties. BIZTURE does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the BIZTURE Websites or on any external websites linked to them. In particular, BIZTURE does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.
6.2 The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at all BIZTURE Websites.
6.3 We can remove any content or information you post on Bizture if we believe that it violates this Statement. We reserve the right to terminate your account if you violate any of the statements in this GTC
6.4 Some of the Bizture.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Bizture.com is not the author of Third-Party Content, whether contributed by anonymous users or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. Bizture.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Bizture.com is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
7. Copyright
Bizture reserve all copyright and intellectual property rights to the services, content, information and data on the Website. The contents in the Website are protected by copyright and no part or parts hereof may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, published, displayed, broadcasted, hyperlinked, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of Bizture. In addition, Bizture reserves all copyright and intellectual property rights to the the Bizture logos, banners and graphics.
8. Customer Service/Support
Queries regarding agreement with BIZTURE or regarding BIZTURE Services can be sent by the customer to BIZTURE using the contact form available at all times on all BIZTURE Websites.
9. Data Protection
BIZTURE recognizes that any data provided by the User to BIZTURE is extremely important to the User, and BIZTURE shall therefore be particularly sensitive in handling such data. In particular, BIZTURE shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on BIZTURE's treatment of the User's data are set forth in the Data Protection Policy of BIZTURE accessible from each of the BIZTURE Websites.
10. Indemnity
10.1 The User shall indemnify and exempt BIZTURE from all actions, including damage claims, asserted by other users or third parties against BIZTURE resulting from an infringement of their rights by the contents posted by the User on BIZTURE Websites. Furthermore, the User shall indemnify and exempt BIZTURE from all actions, including damage claims, asserted by other users or third parties against BIZTURE resulting from an infringement of their rights regarding the use of the services on BIZTURE Websites by the User. The User assumes all reasonable costs BIZTURE incurs due to an infringement of third party rights, including all reasonable legal defense costs.
10.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at BIZTURE's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of BIZTURE Websites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by BIZTURE.
11. Transactions between Buyers and Suppliers
11.1 Through the Site, Bizture.com provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Bizture.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Bizture.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
11.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Bizture.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Bizture.com cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
11.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that Bizture.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
11.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
11.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Bizture.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
12. Limitation of Liability
12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND BIZTURE.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
12.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZTURE.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, BIZTURE.COM DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND BIZTURE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
12.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Bizture.com or through or from the Site shall create any warranty not expressly stated herein.
12.4 Under no circumstances shall Bizture.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
12.5 Each User hereby agrees to indemnify and save Bizture.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Bizture.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Bizture.com. Each User hereby further agrees to indemnify and save Bizture.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Bizture.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Bizture.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Bizture.com in asserting any available defenses.
12.6 Bizture.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
a. the use or the inability to use the Site;
b. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
c. violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d. unauthorized access by third parties to data or private information of any User;
e. statements or conduct of any User of the Site; or
f. any matters relating to Premium Services however arising, including negligence.
12.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Bizture.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the Bizture.com service shall be limited to the greater of (a) the amount of fees the User pays to Bizture.com or its affiliates in the 12 months prior to the action giving rise to liability and (b) USD20. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Bizture.com service must be filed within one (1) year from the date the cause of action arose.
13.1 BIZTURE reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. BIZTURE shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within four (4) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. BIZTURE shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
13.2 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.