Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. Suppose you do not agree to all the terms and conditions of this Agreement. You may not access the Website or use any services. If these terms and conditions are considered an offer by TwizBiz, acceptance is expressly limited to these terms. The Website is available only to individuals at least 13 years old.
Your twizbiz.com Account and Site. Suppose you create a blog/site on the Website. In that case, you are responsible for maintaining the security of your account and blog and are entirely responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog misleadingly or unlawfully. The Act includes a manner intended to trade on the name or reputation of others. TwizBiz may change or remove any description or keyword that it considers inappropriate, unlawful, or otherwise likely to cause TwizBiz liability. You must immediately notify TwizBiz of unauthorized uses of your blog, your account, or any other security breaches. TwizBiz will not be liable for any acts or omissions by You, including any damages incurred due to such acts or omissions.
Responsibility of Contributors. You are entirely responsible for the content of, and any harm resulting from, that content. Contents are comments, post material, or post links on the Website. Content can also be text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying, and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content and have done all things necessary to pass through to end users any required terms successfully;
- the content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
- the content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- Your blog name is not in a manner that misleads your readers into thinking that you are another person or company. For example, if your blog's URL or name is the name of a person other than yourself or your company, then you are intentionally misleading; and
- In the case of content that includes computer code, you have accurately categorized and described the materials' type, nature, uses, and effects, whether requested by TwizBiz or other legal requests.
- Submitting content to TwizBiz for inclusion on your Website grants TwizBiz a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely to display, distribute and promote your blog. If you delete Content, TwizBiz will use reasonable efforts to remove it from the Website. Still, you acknowledge that caching or references to the content may not be immediately unavailable.
- Without limiting any of those representations or warranties, TwizBiz has the right (though not the obligation) to; TwizBiz's sole discretion to(i) refuse or remove any content that, in TwizBiz's reasonable opinion, violates any TwizBiz policy or is in any way harmful or objectionable. TwizBiz's sole discretion to(ii) terminates or deny access to and use of the Website to any individual or entity for any reason. TwizBiz will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
- TwizBiz has not reviewed and cannot check all of the material, including computer software, posted to the Website and cannot be responsible for that material's content, use or effects. By operating the Website, TwizBiz does not represent or imply that it endorses the material there posted or that it believes such material to be accurate, sound, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TwizBiz makes every effort to restrict a Website that may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. It is every user's right to notify TwizBiz of a Website that contains material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. TwizBiz disclaims any responsibility for any harm resulting from the use by visitors of the Website.
Content Posted on Other Websites
- We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which twizbiz.com links and that link to twizbiz.com. TwizBiz has no control over those other websites and webpages and is not responsible for their contents or use. By linking to other sites or webpage, TwizBiz does not represent or imply that it endorses such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TwizBiz disclaims any responsibility for any harm resulting from your use of websites and webpages not sponsored by TwizBiz LLC.
Copyright Infringement and DMCA Policy
- As TwizBiz asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to twizbiz.com has or violates your copyright infringement, you are encouraged to notify TwizBiz. The TwizBiz's Digital Millennium Copyright Act ("DMCA") Policy provides information on the owner's rights. TwizBiz will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. TwizBiz will terminate a visitor's access to and use of the Website if the circumstances of the visitor are determined to be a repeat infringer of the copyrights or other intellectual property rights of TwizBiz or others. In the case of such termination.
- This Agreement does not transfer from TwizBiz to you any TwizBiz or any third party intellectual property. All rights, titles, and interests in and to such property will remain (as between the parties) solely with TwizBiz. TwizBiz, twizbiz.com, the twizbiz.com logo, and all other trademarks, service marks, graphics, and logos used in connection with twizbiz.com or the Website are trademarks or registered trademarks of TwizBiz or TwizBiz's licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TwizBiz or third-party trademarks.
- TwizBiz reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- TwizBiz reserves the right to display attribution links such as 'Blog at twizbiz.com,' theme author, and font attribution in your blog footer or toolbar.
- TwizBiz may terminate your access to all or any part of the Website at any time, with reasonable cause and only after appropriate notice, effective immediately. If you wish to terminate this Agreement or your TwizBiz.com account (if you have one), you may discontinue using the Website. Notwithstanding the preceding, if you have a paid services account, such account can only be terminated by TwizBiz if you materially breach this Agreement and fail to cure such breach within thirty (30) days of TwizBiz's notice to you thereof, provided that TwizBiz can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation of Liability
- In no event will TwizBiz, or its suppliers or licensors, be liable concerning any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for:
(i) any special, incidental, or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to TwizBiz under this Agreement during the twelve (12) months before the cause of action.
TwizBiz shall have no liability for any failure or delay due to matters beyond their reasonable control.
General Representation and Warranty
- You represent and warrant that;
(ii) The use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- You agree to indemnify and hold harmless TwizBiz, its contractors, and its licensors. Their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising from your use of the Website, including but not limited to your violation of this Agreement.
- This Agreement constitutes the entire Agreement between TwizBiz and you concerning the subject matter hereof, and any modification is by a written amendment signed by an authorized executive of TwizBiz, or by the posting by TwizBiz of a revised version. The exception to the extent applicable law, if any, provides otherwise. Provided by this Agreement, any access to or use of the Website will be governed by the laws of Colorado, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in El Paso. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which are brought before a competent court without posting a bond). All disputes arising under this Agreement shall conclude following the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed following such Rules. The arbitration shall take place in Colorado Springs, Colorado, in the English language and enforced by the courts of the arbitral decision. The prevailing party in any action or proceeding to execute this Agreement shall be entitled to costs and attorneys' fees. Suppose any part of this Agreement is held invalid or unenforceable. In that case, that part continues to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TwizBiz may assign its rights under this Agreement without condition. This Agreement will be binding upon and will ensure the benefit of the parties, their successors, and permitted assigns.