If you are a current or potential Bizflick.com User, you are authorized to access and use the Bizflick.com Website and Services in accordance with the terms of this Agreement, only for your personal use, specifically to search for and engage Products or services, and the other uses of the Bizflick.com Website that support this authorized use. In using the Bizflick.com Website and Services, you agree to refrain from each of the following:
- Posting or transmitting any material that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship, or any material that infringes a third party's trademark, patent, trade secret, copyright, publicity or privacy rights;
- Posting false, inaccurate, misleading, defamatory or libelous content (including personal information);
- Posting pornographic or obscene content or hate-speech;
- Framing or mirroring the Bizflick.com Website, or otherwise displaying Bizflick.com logos, screen shots or other Bizflick.com content, without our written consent;
- Impersonating or misrepresenting your affiliation with any person or entity;
- Accessing, attempting to access, tampering with or using non-public areas of the Bizflick.com Website, computer systems, or technical delivery systems, or taking any other actions designed to interfere with the proper working of the Bizflick.com Website;
- Distributing or posting spam, chain letters, or pyramid schemes;
- Using the Bizflick.com Website to compile lists or gather information about Bizflick.com Users, Busineses, or for any unauthorized use;
- Using the Bizflick.com Website or Services if under the age of 18 or if banned from using the Bizflick.com Website;
- Manipulating or attempting to manipulate the Bizflick.com ratings system;
- Transferring your User account (including rating, if any) and User ID to another party;
- Distributing viruses or any other technologies that may harm the Bizflick.com Website or its users; and
- Copying, reproducing, modifying, creating derivative works from, distributing, or publicly displaying any Content (as defined below) from the Bizflick.com Website (except for Content that you provide) without Bizflick.com's written consent.
Additionally, Bizflick.com requires your use of our infrastructure to be reasonable. If we determine that your usage is excessive, we will work with you to reduce it, which may be required as a condition of your continued use.
The Bizflick.com Website and Services are for your own personal use. The information that we provide about Bizflick.com Users. If Bizflick.com determines that you are misusing or attempting to misuse the Bizflick.com Website or Services, or to use them for an inappropriate purpose, or violating the terms or the spirit of this Agreement, then Bizflick.com is entitled to take action against you. This includes, without limitation, taking technical and legal steps to restrict, suspend or terminate your access to the Bizflick.com Website and prohibit you from using it, and seeking legal fees, costs and expenses, and injunctions or other equitable remedies.
If you find any offences of this Agreement, please report them to us using the Contact us page.
Additionally, Bizflick.com does not make any guarantees, warranties or recommendations regarding the businesses listed on the Bizflick.com Website, their work or the outcome. Although we provide our ratings system to inform Bizflick.com Users of the ratings of independent service providers given by other Bizflick.com Users, Bizflick.com does not endorse or recommend any particular Business. Bizflick.com cannot guarantee their work or product will perform satisfactorily.
Bizflick.com is not a party to any contract entered into between a Bizflick.com User and listed businesses.
Much of the value of our Bizflick.com Website comes from the feedback of our users. When you give us or your content in any media, including your feedback, recommendations, ratings, ideas, stories, messages and other documents, and photographs, videos and/or any other media images ("Content"), you grant Bizflick.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in the Content, in any media known now or in the future. You hereby give Bizflick.com your consent and permission to use such Content for purposes of promoting Bizflick.com's business, including for use on its website located at WWW.Bizflick.com. You hereby waive and/or assign any and all rights (including copyright) in such Content to Bizflick.com. Bizflick.com, as the sole owner of such Content, shall have the exclusive right to control and determine the use, display, performance, reproduction and dissemination of any such Content.
The Content that any user posts is the sole responsibility of the person from whom the Content originated. Bizflick.com does not control the Content posted on the Bizflick.com Website, and as such, cannot and does not guaranty the accuracy, appropriateness, or quality of such Content. You understand that by using the Bizflick.com Website you may be exposed to Content that is offensive, indecent or objectionable for various reasons. Bizflick.com is not liable for any Content, including, without limitation, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content that is posted, emailed, transmitted or otherwise made available on the Bizflick.com Website. You agree not to hold Bizflick.com responsible for the actions or inactions of other users, including Content that they post. Bizflick.com reserves the right to edit, modifies, delete or otherwise remove from the Bizflick.com Website Content that is offensive, illegal or unauthorized in Bizflick.com's sole discretion.
At times, the Bizflick.com Website may contain links to third party websites as a convenience to our users. These linked websites are not under Bizflick.com's control, and Bizflick.com is not responsible for the contents or functionality of any linked website, or any transmission received from any linked website.
Bizflick.com does not assist in the provision of services between Bizflick.com Users and listed businesses, and is not a party to any contracts between them. Therefore, we cannot control and do not guarantee the appropriateness, quality, legality, or adequacy of the services being performed.
OUR SERVICES AND THE Bizflick.com WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, AND YOUR USE OF THE SERVICES AND THE Bizflick.com WEBSITE IS AT YOUR OWN RISK. Bizflick.com DOES NOT MAKE, AND HEREBY DISCLAIMS, TO THE EXTENT LEGALLY PERMITTED, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Bizflick.com DOES NOT WARRANT THAT THE Bizflick.com WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. Bizflick.com IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE Bizflick.com WEBSITE OR SERVICES, OR FOR THE ACTIONS OR INACTIONS OF ANY Bizflick.com USER, INDEPENDENT SERVICE PROVIDER, OR OTHER USER OF THE Bizflick.com WEBSITE OR SERVICES, INCLUDING THE CONTENT THEY POST. IF YOU HAVE A DISPUTE WITH A Bizflick.com USER, BUSINESSES OR OTHER PARTY, IT IS YOUR RESPONSIBILITY TO RESOLVE IT WITH THEM DIRECTLY.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Although we sincerely hope that disputes among our users can be avoided, if you have a dispute with one or more users of the Bizflick.com Website, you release Bizflick.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a Florida resident, you waive Florida Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
It is your obligation to use the Bizflick.com Website and Services only in accordance with all applicable laws and regulations. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Except as explicitly stated otherwise, if you need to give legal notice to Bizflick.com, you may do so at Legal@Bizflick.com. Bizflick.com we may send you legal notices at the email address you provide to us during the registration process. It is your obligation to keep your registration information current. Notice shall be deemed given 24 hours after email is sent.
Bizflick.com may amend this Agreement at any time by posting the amended terms on the Bizflick.com Website. Except as stated elsewhere, all amended terms shall be effective thirty (30) days after their initial posting on the Bizflick.com Website.
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Florida (except that body of law controlling conflicts of law) and specifically excluding the United Nations Convention on the International Sale of Goods. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Hillsborough County, Florida. The prevailing party in any litigation between the parties shall recover its reasonable attorneys' fees and costs from the non-prevailing party. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. This Agreement shall be binding on the parties' successors and assigns. Non-performance by either party shall be excused to the extent that performance is rendered impossible for reasons beyond the control of such party. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Independent Service Providers, Content, Liability, Release, Indemnity and these Additional Terms. This Agreement is effective upon acceptance. It may be amended, and amendments will be posted on the website.