Terms of Service

Revised: January 10, 2009

These Customer Terms of Use ("Customer Terms") govern your use of the Bizzy Web site ("Site") or Bizzy services ("Services") as a Customer. Both "Businesses" and "Customers" use Bizzy. "Businesses" are individuals or businesses who use the Site or the Services to communicate with Customers. "Customers" are end users who visit the Site to receive such communications and otherwise use the Services. If you are a Business, please read the Business Terms of Service. By using the Site or Services as a Customer, you agree to these Customer Terms.

1. Eligibility

You must be at least 18 years old to use the Site or the Services.

2. Additional Terms

Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.

3. Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At Bizzy, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Customers, Businesses or to Bizzy. When you use the Site or Services, you may not:

violate any law or regulation;
violate or infringe other people's intellectual property, privacy, publicity, or other legal rights of someone else, such as by posting content or photos for which you do not have all necessary rights;
promote, post or transmit anything or any enterprise or business that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any malicious or unsolicited software;
stalk, harass, or harm another individual;
impersonate or misrepresent your affiliation with someone else;
use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site (although Bizzy does allow operators of public search engines to use spiders to index some materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Bizzy reserves the right to revoke these exceptions either generally or in specific cases);
use automated methods to use the Site or Services in a manner that sends more requests to the Bizzy servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
provide any false personal information on the Site or through the Services, or create an account for anyone other than yourself;
share your password, let anyone else access your account, or do anything else that may jeopardize the security of your account;
use the Service to harvest commercial information such as customer and business affiliation; or
interfere with or disrupt the Site or Services.

4. Interactions with Businesses on Bizzy

When you sign up with a Business or accept an invitation from a Business on Bizzy, you may interact directly with the Business on Bizzy as well as other Customers who also associate with that Business. These Businesses may also interact with you through your Feed and directly via email and other means. Your “Feed” is an area accessible by you where you may receive offers, tips, information about upcoming events and similar information. You should only accept invitations from Businesses that you know and trust.

Bizzy is not responsible for any damage or loss related to or arising from your interactions with a Business, including any communications, advertisements, promotions, or offers made by a Business using the Site or Services. Bizzy is not a party to any transaction between you and a Business and has no obligation to monitor or enforce any transactions. To report to Bizzy any inappropriate content on the Site or through the Services, click on the “Flag Inappropriate Content” link adjacent to the offending content. Please email us at reportconduct@bizzy-inc.com to report any Customers or Businesses who are using the Service inappropriately, such as by creating false communications or engaging in other inappropriate behavior.

5. Customer Content

As between You and Bizzy, You own all of the content and information you post or share using the Site or Services (referred to as "Customer Content"), such as posting or sharing comments about a Business. You give Bizzy permission to use your Customer Content as follows: you grant to Bizzy and its affiliates a license to use, copy, display and perform your Customer Content in connection with the Site or Services including any marketing for the Site or Services. We may display advertisements in connection with your Customer Content or on pages where your Customer Content may be viewed by you or others. We may use your Customer Content to advertise and promote Bizzy, the Site or the Services. Our license to your Customer Content is non-exclusive, meaning you may use the Customer Content for your own purposes or let others use your Customer Content for their purposes. Our license to your Customer Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your Customer Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time. You promise that:

you own all rights to your Customer Content or, alternatively, that you have the right to give Bizzy the rights described above;
you have paid and will pay in full any fees or other payments that may be related to the use of your Customer Content; and
your Customer Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Customer Content. We may remove Customer Content from the Site or Services for any reason.

6. Ownership

Other than Customer Content, we own or license the content on the Site and Services, including software, text, visual and audio content (referred to together as "Content") and Bizzy's trademarks, logos, and brand elements (referred to as "Marks"). The Content and Marks are protected under U.S. and international laws.

7. Feedback

We always welcome and appreciate your feedback and suggestions about Bizzy. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

8. Copyright and Intellectual Property Policy

We respect the intellectual property rights of others and expect you to do the same. Please read our Copyright and Intellectual Property Policy to learn how to report copyright and other intellectual property infringement on Bizzy.

9. Privacy

Bizzy respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you. We require each Business to obey all applicable privacy laws, rules and regulation. You understand and agree that when you share your information with a Business, whether through the Site, the Services or otherwise, the Business (and not Bizzy) is responsible for protecting the information you provide to them and complying with relevant laws, rules and regulations, including any laws, rules and regulations relating to your privacy.

10. Links

Our Site and Services may contain links to other Web sites, or allow others to send you such links. A link to a third party's Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. You should always read the terms and conditions and privacy policy of a third-party Web site before using it.

11. Changes to the Site or Services

Bizzy enhances and updates its Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. We also reserve the right to charge for Services in the future.

12. Termination

We reserve the right not to provide the Site or Services to any Customer. We also reserve the right to terminate any Customer’s right to access the Site or Services at any time, in our discretion. If you violate any of these Customer Terms, your permission to use the Site and Services automatically terminates and we shall have the right, but not the obligation to delete your Customer Content.

13. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIZZY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, BIZZY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT SUBMITTED BY A BUSINESS USING BIZZY), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE OR SERVICES. BIZZY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

BIZZY AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE BIZZY SITE OR SERVICES OR ANY LINKED WEB SITE (INCLUDING BY A BUSINESS ON BIZZY).
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIZZY OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE CUSTOMER TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BIZZY NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES. OUR AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR THE SERVICES WILL NOT EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Bizzy may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Bizzy's liability will be the minimum permitted under such law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bizzy and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your Customer Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Customer Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Bizzy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Bizzy in such defense.

15. Other Provisions

Under no circumstances will Bizzy be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Customer Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Customer Terms, the Site, or any Services will be filed only in the state or federal courts located in Santa Clara County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Customer Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Customer Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Bizzy to enforce any right or provision of these Customer Terms will not prevent Bizzy from enforcing such right or provision in the future.

We may assign our rights and obligations under these Customer Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

16. Changes to these Customer Terms

From time to time, we may change these Customer Terms. If we change these Customer Terms, we will inform you by posting the revised Customer Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Customer Terms. By continuing to use our Site or Services, you agree to the revised Customer Terms.

Business Terms of Service

Revised: January 10, 2010

These Business Terms of Use ("Business Terms") govern your use of the Bizzy Web site ("Site") or Bizzy services ("Services") as a Business. "Businesses" are individuals or businesses who use the Site or the Services to communicate with Customers. "Customers" are end users who visit the Site to receive such communications and otherwise use the Services. As you are also a Customer, please read the Customer Terms of Service. By using the Site or Services as a Business, you agree to these Business Terms.

1. Eligibility

You and anyone who accesses the Site on your behalf must be at least 18 years old and have legal authority to agree to these Business Terms on behalf of the business associated with your account.

Bizzy may only be used by Businesses to engage in and promote legitimate business activity. You may not use this Site or the Services to engage in or promote any unlawful, offensive, or inappropriate business or activity.

2. Additional Terms

3. Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At Bizzy, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to Customers, other Businesses or to Bizzy. You may not use the Site or Services to:

violate any law or regulation;
violate or infringe other people's intellectual property, privacy, publicity, or other legal rights of someone else, such as by posting content or photos for which you do not have all necessary rights;
promote, post or transmit anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any malicious or unsolicited software;
stalk, harass, or harm another individual or business;
impersonate any person or entity, or misrepresent your affiliation with a person or entity;
use any means to “scrape,” “crawl,” “reserve engineer” or “spider” any Web pages or content contained in the Site (although Bizzy does allow operators of public search engines to use spiders to index some materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Bizzy reserves the right to revoke these exceptions either generally or in specific cases);
use automated methods to use the Site or Services in a manner that sends more requests to the Bizzy servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
provide any false or misleading information on the Service, or create an account for anyone other than yourself;
make any offers via the Service which you cannot or will not honor per the terms of such offer;
use the Service to harvest commercial information such as customer and business affiliation or copy or record any information found on the Service or use such information for any purpose outside of the Service; or
interfere with or disrupt the Site or Services.
In addition, you agree not to use the Site or Services in connection with
promoting political candidates, organizations or causes; or
any business that promotes or involves pornography or explicit sexual images or merchandise.

4. Interactions with Customers on Bizzy

When a Customer signs up with your Business or accepts an invitation from your Business on Bizzy, the Customer may interact directly with your Business on Bizzy as well as with other Customers who interact with you. You may communicate with Customers by posting offers, tips, promotions, information regarding upcoming events and similar information. Such information may be available to Customers in their Feeds and inbox. The Site and Services may also facilitate your ability to communicate with Customers (and other people that do not use the Site or Services) via email and other means that are not part of the Site or Services. For example, the Services may facilitate such communications by enabling you to quickly generate email newsletters.

You should only add Customers who agree to connect to you using the Service. You should only invite Customers to connect to you on the Service who you know or who give you their email address for commercial purposes.

Bizzy is not responsible or liable for any damage or loss related to your interactions with a Customer or a Customer’s interactions with any other Customer. Bizzy is not a party to any transaction between you and a Customer and has no obligation to monitor or enforce any such transactions. You are responsible for complying with all applicable laws, rules and regulations in the conduct of your business. For example, you are responsible for complying with all applicable laws, rules and regulations that may apply to your communications with Customers and other people such as the CAN-SPAM Act of 2003. You are responsible for complying with all applicable privacy laws, rules and regulations with respect to any information you obtain from Customers whether directly in the operation of your business or through the Site or Services. You are also responsible for complying with all laws, rules and regulations that may be applicable to any sweepstakes, contests or promotions that you make available to Customers through the Site or Services.

5. Business Content

As between You and Bizzy, You own all of the content, including any text, images, logos, trademarks, service marks, promotional materials, product or service information, comments, reviews, photos, profile information, audio and video clips and other information, that you post or share using the Site or Services (referred to as “Business Content”). You give Bizzy permission to use your Business Content as follows: you grant to Bizzy and its affiliates a license to use, copy, display and perform your Business Content in connection with the Site or Services. We may use your Customer Content to advertise and promote Bizzy, the Site or the Services and list and otherwise refer to your business as a Business that participates on the Bizzy Site. Our license to your Business Content is non-exclusive, meaning you may use the Business Content for your own purposes or let others use your Business Content for their purposes. Our license to your Business Content is fully-paid, royalty free meaning we do not owe you anything else in connection with our use of your Business Content. We may exercise our rights anywhere in the world. Finally, our license to display your Business Content shall last for so long as you maintain an account on the Site and for a commercially reasonable time after your account has been deactivated or terminated. You promise that:

you own all rights to your Business Content or, alternatively, that you have the right to give Bizzy the rights described above;
you have paid and will pay in full any fees or other payments that may be related to the use of your Business Content; and
your Business Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Business Content. We may remove Business Content from the Site or Services for any reason.

6. Ownership

Other than Business Content, we own or license the content on the Site and Services, including software, text, visual and audio content (referred to together as "Content") and Bizzy's trademarks, logos, and brand elements (referred to as "Marks"). The Content and Marks are protected under U.S. and international laws.

7. Feedback

We always welcome and appreciate your feedback and suggestions about Bizzy. You understand that we cannot necessarily respond to or implement all feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

8. Copyright and Intellectual Property Policy

9. Privacy

Bizzy respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.

10. Links

11. Changes to the Site or Services

12. Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any Customer at any time, in our discretion. We may terminate your use of the Site and the Services for, among other reasons, serious or numerous complaints from Customers. If you violate any of these Business Terms, your permission to use the Site and Services automatically terminates and we shall have the right, but not the obligation to delete all of your Content.

13. Disclaimer and Limitations on Our Liability

IN PARTICULAR, BIZZY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING ANY CONTENT SUBMITTED BY A CUSTOMER USING BIZZY), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE OR SERVICES. BIZZY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIZZY OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE BUSINESS TERMS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bizzy and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your Content, feedback, or any other content) you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Business Terms by you or anyone using your account; (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account; and (e) the packaging, labeling, shipping, recall, enforcement of government laws and regulations, sale, use or consumption of products or services offered by your Business. Bizzy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Bizzy in such defense.

15. Other Provisions

Under no circumstances will Bizzy be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Business Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Business Terms, the Site, or any Services will be filed only in the state or federal courts located in Santa Clara County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Business Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Business Terms and will not affect the validity and enforceability of any remaining provisions.

The failure of Bizzy to enforce any right or provision of these Business Terms will not be deemed a waiver of that right or provision and will not prevent Bizzy from enforcing such right or provision in the future.

We may assign our rights and obligations under these Business Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

16. Changes to these Business Terms

From time to time, we may change these Business Terms. If we change these Business Terms, we will inform you by posting the revised Business Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Business Terms. By continuing to use our Site or Services, you agree to the revised Business Terms.