Last updated March, 2010

Welcome to Bizick.com (the "Site"). The following are the rules ("Terms") that govern your use of the Site. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Bizick, reserves the right to change these Terms at any time, effective immediately upon posting on the Site.

 

Permitted Use

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, adapt, create derivative works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the material on this Site for any use, or for any purpose other than as described in these Terms. Unless specifically authorized by Bizick, you also agree not to deep-link to the Site for any purpose, or to mine the Site to create a database of businesses or business reviews for any commercial purpose. Use of this Site is void where prohibited.

Registering with Bizick.com

In order to take advantage of certain features on the Site, you may be required to register. You will be required to register if you want to set up a "My Bizick" account and post reviews, ratings, photos, lists, graphics, texts, and other communications regarding events or businesses in your community (collectively, "Content"). You will also have to register to save your favorite restaurant profiles, receive discount offerings or other information from Bizick, and for other functionality that Bizick may offer through "My Bizick". Bizick's use of any personal information that you provide to us during any registration process is governed by Bizick's privacy policy. Bizick has no obligation to store, retain or provide you with copies of your posted Content, nor does Bizick guarantee any confidentiality with respect to the posted Content (except as set forth in our Privacy Policy).

My Bizick Account

If you register for a "My Bizick" account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, Bizick may, at its sole discretion, terminate your account, remove or modify any account-related content or access, or take any other action that Bizick deems appropriate.

User Content Rules

You agree that the Content you post will not:

  1. Be offensive, harmful and/or abusive, including but not limited to, contain images depicting or language containing expletives or profanities, obscenities, harassment, vulgarities, sexually explicit material or that promotes bigotry or discrimination against protected classes (e.g., racist/discriminatory speech or imagery).
  2. Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment.
  3. Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value (including, but no limited to, spam, chain or other mass messaging).
  4. Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest.
  5. Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
  6. Be inappropriate based on the applicable subject matter.
  7. Contain personal information or messages including email addresses, URLs, phone numbers and postal addresses.
  8. Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials.
  9. Contain material that violates the standards of good taste or the standards of this Site.
  10. Contain material that is illegal, or that violates any federal, state, or local law or regulation.
  11. Contain language or images intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
  12. Contain material that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

You may not assert or imply that your posted Content is in any way sponsored or endorsed by Bizick. You are solely responsible for the Content that you post, and you assume any and all risks and liability that may arise from your posted Content.

Bizick reserves the right, but not the obligation, to refuse to post, reinstate, disable from view or remove any user Content that we determine, in our sole discretion, to be violations of any User Content Rules.

User Content is not endorsed by Bizick.com

User Content does not reflect the views of Bizick; its parent, subsidiary or affiliated companies; or its employees. Bizick does not assume responsibility or liability for any Content or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

Content Submitted by Users owned by Bizick.com

Any Content that is submitted to Bizick shall be owned exclusively and in perpetuity by Bizick. You represent that you have the necessary permissions to use, and transfer to Bizick the exclusive ownership and use of, the posted Content. Such exclusive ownership means that Bizick, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, license, reproduce, modify, translate, transmit, and distribute any and all Content that you post. Bizick is under no obligation to give credit or pay any consideration to you for your Content. You waive completely and in perpetuity any claims and rights associated with your posted Content.

Links and Search Results

The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Bizick has no control over these sites or the content within them. Bizick cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Bizick does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Bizick for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify Bizick at info@bizick.com, and Bizick will investigate your claim and take any actions Bizick deems appropriate at our sole discretion.

Business listings located on Bizick are selected for display in search results based primarily on their content in relation to the user-provided search terms. Consequently, both customer and non-customer listings will be included in a search results list, and Bizick will not discriminate based on whether a business is a customer with regard to placement or inclusion in the business listings. Bizick customers do not pay to be included in certain search result listings or to retain a specific ranking. However, due to the fact that Bizick customers typically provide more content relative to their non-customer counterparts (e.g., in the form of offers, business biographies, etc.), it is possible that Bizick customers will be displayed at a higher ranking in a search results page.

Bizick customer listings may be rotated within the search results due to a number of factors, none of which are determined by paid inclusion or paid placement. Thus, such variable placement of Bizick customers is not intended to displace non-customer search results placement or inclusion. Indeed, non-customers with a good deal of quality content could appear higher on search result returns than Bizick customers.

RSS Feeds

Bizick provides Really Simple Syndication (“RSS”) as a free service to allow users to subscribe to our content. You agree that your use of any of Bizick’s RSS feeds (“RSS Feeds”) will be non-commercial and that you will not attempt to re-sell, redistribute, or syndicate any content contained in the RSS Feeds (“Bizick Content”) in any way. Bizick shall have sole discretion over what Bizick Content is made available via the RSS Feeds at any time, and Bizick (and the users who contribute their Content) shall have sole editorial control over the Bizick Content. Bizick retains all right, title and interest in and to the RSS Feeds, the Bizick Content and the Site.

You may not alter any Bizick Content in any manner whatsoever. You may not directly or indirectly change, edit, modify, add to or otherwise create derivate works of the Bizick Content. The title of each Bizick Content shall be hyperlinked with the provided URL without redirects (e.g., a ) and the link shall not contain “no-follow tags” and is not within java script.

Bizick reserves the right to modify or discontinue providing any or all RSS Feeds at any time. Bizick may also require you to cease distributing, displaying, or using the RSS Feeds for violating any of the Terms and Conditions with respect to RSS Feeds.

Offline Conduct

Although Bizick cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.

Unauthorized Use of the Site

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

DISCLAIMERS

Bizick DOES NOT PROMISE THAT THE SITE OR RSS FEEDS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, RSS FEED, OR LINK ON IT. THE SITE, RSS FEEDS, AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. Bizick CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE OR RSS FEEDS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Bizick DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF ANY KIND AS TO THE OPERATION AND FUNCTIONALITY OF THE SITE OR RSS FEEDS, THE ACCURACY OF ANY BUSINESS LISTINGS AND REVIEWS ON THE SITE OR RSS FEEDS, THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY CONTENT ON THE SITE OR RSS FEEDS, OR THE PRODUCTS AND SERVICES OF ANY BUSINESSES LISTED OR ADVERTISED ON THE SITE OR RSS FEEDS. Bizick WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR RSS FEEDS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

Bizick disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Bizick users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Bizick is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Bizick at info@bizick.com. Bizick may investigate the claim and take appropriate action, at its sole discretion.

Indemnity

You agree to indemnify and hold Bizick, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.