Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then 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 who are at least 13 years old.
- Responsibility of Contributors. (If You are a contributor to a Post, Comment, Blog or a combination of same) You are entirely responsible for the content of, and any harm resulting from, that Content. The Content includes, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available utilizing the Website (any such material, "Content"). That is the case regardless of whether the Content in question constitutes 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 post is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
By submitting Content to TwizBiz for inclusion on your Website, you grant TwizBiz a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely to display, distribute and promote your blog. If Content requires deletion, TwizBiz will use reasonable efforts to remove it from the Website. Still, you acknowledge that caching or references to the Content may not be made immediately available.
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.
- Responsibility of Website Visitors. TwizBiz has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, 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, useful 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain 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 does not have any control over those other websites and webpages and is not responsible for their contents or their use. By linking to other site or webpage, TwizBiz does not represent or imply that it endorses such website or webpage. 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 rights of the owner. 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, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TwizBiz or others. In the case of such termination, TwizBiz will have no obligation to provide a refund of any amounts previously paid to TwizBiz.
- Intellectual Property. This Agreement does not transfer from TwizBiz to you any TwizBiz or third party intellectual property, and all right, title and interest 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.
- Modify/Update Terms. TwizBiz reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. The continued use of or access to the Website constitutes acceptance of those changes. TwizBiz may also, in the future, offer new services and features through the Website (including, the release of new tools and resources). Such new features and services shall be subject to the terms and conditions of this Agreement.
- Termination Rights. TwizBiz may terminate your access to the Website at any time, with valid cause and only after appropriate notice, effective immediately.
- 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) month period 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.
- Indemnification. 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 out of your use of the Website, including but not limited to your violation of this Agreement.