Terms of Service

INTRODUCTION

1. The foregoing content outlines the Terms of Use (Terms) under which you, the user (You) may access the content and functionality of the Web site accessible at www.bizcasts.com (the Website).
2. Bizcasts.com provides online services for business professionals in the fields of business information and advertising, business and personal networking, employment and the like. The Website allows its users to publish content, post, upload, download and provide access to personal data including but not limited to personal information, resumes, photographs, videos and emails. The Website also allows its users to create individual profiles, which may include personal information, and to make these profiles public.
3. The Terms include a Privacy Policy (Privacy Policy) which can be accessed at the Website and is incorporated herein by reference. Please read the Terms and Privacy Policy carefully. If You do not agree to the Terms and Privacy Policy, please do not use the Website and its services.
4. The Terms, as well as the Privacy Policy, may be revised from time to time by Bizcasts.com. The revised Terms will be posted by Bizcasts.com on the Website as they become available. Please review the Terms and Privacy Policy periodically as they are applicable to all users of the Website. You hereby agree to review at first opportunity any modification or revision to the Terms and Privacy Policy and you further agree to be bound by any modification or revision of the Terms and Privacy Policy made by Bizcasts.com.

1. Eligibility

1. You must be at least 18 years old of age or older, or the age of majority as defined in the jurisdiction in which You reside, to visit and use the Website.
2. By accessing and using the Website, You represent and warrant to Bizcasts.com that You have reached the age of majority in your jurisdiction, and that You have the capacity and authority to abide by the Terms and Privacy Policy.
3. You also represent to Bizcasts.com that You will not use the Website in a manner inconsistent with applicable laws and regulations in your jurisdiction.

2. Registration and User's Account

1. In order to access the Website, you first must create an account. You may never use an account of another user without the express written permission of Bizcasts.com.
2. When creating your account, You must provide accurate and complete information. The information You submit will be used in accordance with the Privacy Policy.
3. You are solely responsible for the activity that occurs on your account, and You must keep your account password secure. You must notify Bizcasts.com immediately of any breach of security or unauthorized use of your account.
4. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your Bizcasts.com registration and password, whether or not authorized by You. You agree to immediately notify Bizcasts.com of any unauthorized use of your account, profile, passwords, as the case may be.
5. You understand and acknowledge that You have no ownership rights in your Bizcasts.com account, and, if You cancel your account, all your account information may be deleted from the Bizcasts.com database at the discretion of Bizcasts.com.

3. User's Restrictions

1. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, any type of material that:
1. violates any applicable law or regulation;
2. infringes in any manner the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
3. is defamatory, obscene, threatening, abusive or hateful.
2. You are also prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing";
4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Bizcasts.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Specific Authorized and Prohibited Uses

1. You are solely responsible for your account information, employer account information or job postings, profile, content, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other users. You agree that in submitting content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms. You also hereby represent that the information You post is true and correct and that any representations made by You regarding your employment are true and correct.
2. The job posting and resume information may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The users' profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
3. Bizcasts.com does not represent or guarantee the truthfulness, accuracy, or reliability of the content or any other communications posted by the users of the Website or endorse any opinions expressed by the users of the Website. You acknowledge that any reliance on material posted by other users will be at your own risk.
4. As an account holder You may submit video content and textual content. You understand that whether or not such submissions are published, Bizcasts.com does not guarantee any confidentiality with respect to any submissions.
5. You shall be solely responsible for your own submissions and the consequences of posting or publishing them.
6. Bizcasts.com acts as a passive conduit for the online distribution and publication of user content and has no obligation to screen user content, communications or information in advance and is not responsible for screening or monitoring user content posted by users. However, Bizcasts.com may review and remove any user content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, unduly consumptive of the computing resources of Bizcasts.com, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of the Website. Bizcasts.com reserves the right to expel users and prevent their further access to the Website for violating the Terms or applicable laws, rules or regulations. Bizcasts.com may take any action with respect to user content that it deems necessary or appropriate in its sole discretion if it believes that such user content could create liability for Bizcasts.com, damage Bizcasts.com's brand or public image, or cause Bizcasts.com to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other vendors.
7. Bizcasts.com specifically prohibits any other use of the Website, and all users agree not to do any of the following:
1. post jobs or content on the Website that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading;
2. post or submit to the Website any incomplete, false or inaccurate biographical information or information which is not your own;
3. post on the Website any franchise, multi-level marketing scheme, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
4. send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website;
5. delete or revise any material posted by any other person or entity;
6. notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from Bizcasts.com;
7. decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
8. aggregate, copy or duplicate in any manner any of the Website content without express written consent from Bizcasts.com;
9. frame or link to any information available from the Website;
10. submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Bizcasts.com all of the license rights granted herein.
8. Bizcasts.com does not necessarily monitor any materials posted, transmitted, or communicated to or within the Website. If you believe that any material posted on the Website or accessible through the Website violates these Terms please contact our designated agent set forth in Section12 below.
9. If notified by a user of any materials which allegedly do not conform to these Terms, Bizcasts.com may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the material. Bizcasts.com has no liability or responsibility to the users for performance or nonperformance of such activities.
10. Bizcasts.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Bizcasts.com will remove all material if properly notified that such material infringes on another's intellectual property rights. Bizcasts.com reserves the right to remove material without prior notice. You hereby waive any right to pursue a claim against Bizcasts.com in consequence of Bizcasts.com removing material alleged to infringe the intellectual property rights of others and your continued use of the Website is your express consent to the waiver of your right to pursue a claim against Bizcasts.com in consequence of Bizcasts.com removing material alleged to infringe the intellectual property rights of others
11. You understand that when using the Website, you will be exposed to user submissions from a variety of sources, and that Bizcasts.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. You further understand and acknowledge that you may be exposed to submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Bizcasts.com with respect thereto, and agree to indemnify and hold Bizcasts.com, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

5. Agent to Receive Intellectual Property Infringement Claims

1. If You believe that your copyrighted work or trademark has been uploaded, posted or copied to the Website and is accessible in a way that constitutes an act of copyright or trademark infringement, please contact our agent set forth in Section 12 below.

6. Account Termination Policy

1. Bizcasts.com respects the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Bizcasts.com users, and block access to the Website of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked.
2. Bizcasts.com reserves the right to decide whether any submission is appropriate and complies with these Terms for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Bizcasts.com may remove such submissions and/or terminate Your access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

7. Bizcasts.com Liability

1. Bizcasts.com has no control over user content, the quality, safety or legality of the contents posted, the truth or accuracy of the contents. Bizcasts.com makes no representations about any jobs, resumes or user content on the Website. Bizcasts.com may take any action with respect to user content that it deems necessary or appropriate in its sole discretion if it believes that such content could create liability for Bizcasts.com. While Bizcasts.com reserves the right in its sole discretion to remove user content, job postings, resumes or other material from the Website from time to time, Bizcasts.com does not assume any obligation to do so and disclaims any liability for failing to take any such action.
2. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Website.
3. Because user authentication on the Internet is difficult, Bizcasts.com cannot and does not confirm that each user is who they claim to be. You release Bizcasts.com (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute You may have with another user of the Website.
4. Bizcasts.com cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by a user from the Website shall create any warranty not expressly stated herein.

8. Warranty Disclaimer

1. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIZCASTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BIZCASTS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BIZCASTS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BIZCASTS.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIZCASTS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
2. YOU SPECIFICALLY ACKNOWLEDGE THAT BIZCASTS.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. Indemnity

1. You agree to defend, indemnify and hold harmless Bizcasts.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.

10. Assignment

1. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bizcasts.com without restriction.

11. Jurisdiction and Disputes

1. This Agreement shall be governed in accordance with the laws of the State of Florida. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Florida including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

12. Designated Agent

1. All notices and communications with respect to the Terms are to be directed in writing by e-mail to legal@bizcasts.com or by using the Report tab on the website.