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The following constitutes the terms and conditions (the "Terms of Use") and the
Privacy Policy (the "Privacy Policy") governing your use of this web site located
at www.onlybusiness.com and any content made available from or through this web
site, including any subdomains thereof (hereinafter, the "Web Site"). The Web Site
is made available by onlybusiness.com LLC. We may change the Terms of Use from time
to time by posting such changes on the Web Site. Accordingly, you should periodically
review these Terms of Use for revisions made hereto. USING THE WEB SITE, YOU
ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEB SITE.
If you do not agree to these Terms of Use, you may not access or otherwise use the
Web Site.
1. Proprietary Rights As between you and us, we own, solely and
exclusively, all rights, title and interest in and to the Web Site, all the content,
other than that which you submit to us pursuant to Section 6 below (including, for
example, audio, photographs, illustrations, graphics, other visuals, video, copy,
text, software, titles, etc.), code, data and materials thereon the look and feel,
design and organization of the Web Site, and the compilation of the content, code,
data and materials on the Web Site, including but not limited to any copyrights,
trademark rights, patent rights, database rights, moral rights, sui generis rights
and other intellectual property and proprietary rights therein. To the extent that
we do not own material contained on the Web Site, we have secured a license from
the owner or licensor of such material granting us the right to display such content
in the manner displayed on the Web Site. Your use of the Web Site does not grant
to you ownership of any kind of any content, code, data or materials you may access
on or through the Web Site. To the extent that you have submitted material to us
which will be displayed on the Web Site or any portion thereof, you grant to us
a free, non-exclusive, worldwide license to display that material on the Web Site
until you advise us, in writing, to remove such material from the Web Site.
2. Limited License You may access, view and use the content on
the Web Site on your computer or other device, and make single copies or prints
of the content on the Web Site at your own risk and for your personal use only.
Use of the Web Site and the services offered on or through the Web Site, are only
for your personal use. You may not use the Web Site in any way that is unlawful,
or harms us or any other person or entity, as determined in our sole discretion.
3. Prohibited Use Any commercial or promotional distribution, publishing
or exploitation of the Web Site, or any content, code, data or materials on the
Web Site, is strictly prohibited unless you have received the express prior written
permission from authorized personnel of onlybusiness.com or the otherwise applicable
rights holder. Other than as expressly allowed herein, you may not download, post,
display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast,
transfer, create derivative works from, sell or otherwise exploit any content, code,
data or materials on or available through the Web Site. You further agree that you
may not alter, edit, delete, remove, otherwise change the meaning or appearance
of, or repurpose, any of the content, code, data, or other materials on or made
available through the Web Site. (This includes, without limitation, the alteration
or removal of any Trademarks (as defined in Section 4 below) or any other proprietary
content or proprietary rights notices.) If you make other use of the Web Site, or
the content, code, data or materials thereon, except as otherwise provided above,
you may be subject to liability for such unauthorized use (including, without limitation,
for violations of copyright and other applicable laws).
4. Trademarks The trademarks, logos, service marks and trade names
(collectively the "Trademarks") displayed on the Web Site or on content available
through the Web Site are registered and unregistered Trademarks of ours and others
and may not be used in connection with products and/or services that are not related
to, associated with, or sponsored by their rights holders that are likely to cause
customer confusion, or in any manner that disparages or discredits their rights
holders. All Trademarks not owned by us that appear on the Web Site or on or through
the Web Site's services, if any, are the property of their respective owners. Nothing
contained on the Web Site grants, by implication, estoppel, or otherwise, or should
be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the Web Site without our written permission
or that of the third party rights holder.
5. User Information In the course of your use of the Web Site and/or
the services made available on or through the Web Site, you may be asked to provide
certain personal information to us (such information referred to hereinafter as
"User Information"). Our information collection and use policies with respect to
the privacy of such User Information are set forth in the Privacy Policy located
at www.onlybusiness.com/privacy,
which is incorporated herein by reference for all purposes. You represent, warrant,
acknowledge and agree that you are solely responsible for the accuracy and content
of User Information that you provide us.
6. Submitted Materials Unless specifically requested, we do not
solicit nor do we wish to receive any confidential, secret or proprietary information
from you through the Web Site, by e-mail or in any other way. Any information, creative
works (including, without limitation, text, photographs, graphics, audio, visual
and audiovisual content), demos, ideas, suggestions, concepts, methods, systems,
designs, plans, techniques or other materials submitted or sent to us (including,
for example and without limitation, that which you submit or post to message boards,
review/ratings boards and/or our blogs, or send to us via e-mail) ("Submitted Materials")
will be deemed not to be confidential or secret, and may be used by us in any manner
consistent with the Privacy Policy located at www.onlybusiness.com/privacy. By submitting or sending
Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials
are not confidential or secret, and no confidential or fiduciary relationship is
intended or created between you and us in any way, (ii) represent and warrant that
the Submitted Materials are original to you, that no other party has any rights
thereto, and that any "moral rights" in Submitted Materials have been waived, and
(iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual,
irrevocable, non-exclusive and fully transferable, assignable and sublicensable
right and license to use, copy, reproduce, modify, adapt, print, publish, translate,
create derivative works from, distribute, perform and display such material (in
whole or part) and/or to incorporate it in other works in any form, media, or technology
now known or later developed, including for promotional and/or commercial purpose,
and to authorize others to do so. We cannot be responsible for maintaining any Submitted
Materials that you provide to us, nor are we responsible for any information included
in any Submitted Materials (for example, without limitation, a blog post or any
comments to blog(s) created or posted by users), and we may delete or destroy any
such Submitted Materials at any time, in our sole discretion.
You hereby appoint us as your agent with full power to enter into and execute any
document and/or do any act we may consider appropriate to confirm the grant of rights,
consents, agreements, assignments and waivers set forth in these terms of use.
If you submit a photograph, you also agree to, represent and warrant the following:
(i) you have the rights necessary to authorize us to use the photograph as permitted
by these Terms of Use; (ii) you authorize us to use the photograph as permitted
by these Terms of Use; (iii) you have obtained the necessary permissions, if any,
for us to use the photograph in accordance with the Terms of Use; and (iv) the photograph
has not been manipulated or altered in any manner so as to distort or misrepresent
any individual or thing depicted in it.
onlybusiness.com may, from time to time, make messaging services, chat services,
bulletin boards, message boards, photo galleries, blogs, information exchanges,
marketplaces, user review and ratings forums, other forums and other such services
and features available on or through the Web Site to which you may have the opportunity
to provide or submit Submitted Materials. In addition to any other rules or regulations
that we may post in connection with a particular service or feature, and in addition
to the rest of the Terms of Use, you represent, warrant and agree that you shall
not upload, post, transmit, distribute or otherwise publish through the Web Site
or any service or feature made available on or through the Web Site, any materials
which are, do, or could reasonably be construed to be or do any of the following:
- Restrict or inhibit any other user from using and enjoying the Web Site or the Web
Site's services;
- Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
or that threatens or invites violence, or that is derogatory of others on the basis
of gender, race, ethnicity, national origin, religion, sexual orientation or disability;
- Constitute or encourage conduct that would constitute a criminal offense, give rise
to potential civil liability or otherwise violate any local, state, national or
international law;
- Violate, plagiarize or infringe the rights of third parties including, without limitation,
copyright, trademark, trade secret, confidentiality, contract, patent, rights of
publicity or privacy or any other proprietary right;
- Contain a virus, spyware, or other harmful component;
- Contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- Constitute or contain false or misleading indications of origin, endorsement or
statements of fact; or
- Contain sensitive, proprietary or confidential information about yourself or others.
onlybusiness.com will not accept responsibility for any information included in
any Submitted Materials created or posted by users. You alone are responsible for
the content and consequences of any and all of your activities and you submit Submitted
Materials at your own risk.
7. Prohibited User Conduct You warrant and agree that, while using
the Web Site and the various services and features offered on or through the Web
Site you shall not: (a) impersonate any person or entity, whether actual or fictitious,
including anyone from onlybusiness.com or its affiliates, or misrepresent your affiliation
with any other person or entity; (b) insert your own or a third party's advertising,
branding or other promotional content into any of the Web Site's content, materials
or services without our prior consent or use, redistribute, reuse, republish, repurpose
or otherwise exploit such content or service for any purpose or reason, including
without limitation, further commercial or promotional purposes without our prior
consent; or (c) attempt to gain unauthorized access to other computer systems through
the Web Site.
If onlybusiness.com has banned you from the Web Site or any of the services on or
available through the Web Site, for any reason, in its sole discretion, you may
not return to the Web Site for any reason or in any manner. In the event that you
do return, or attempt to return, to the Web Site or a particular service offered
by or through the Web Site after you have been banned, you will be deemed to have
breached these Terms of Use, and onlybusiness.com reserves the right to pursue all
rights and remedies available to it at law or in equity with respect to such breach.
8. Right to Monitor reserves the right, but does not and shall
not have an obligation, to monitor and/or to review all materials posted to the
Web Site or through the Web Site's services or features by users, and onlybusiness.com
is not responsible for any such materials posted by users. onlybusiness.com is not
responsible for any failure to monitor, review and/or delete any materials posted
to the Web Site or through the Web Site's services or features by users. However,
onlybusiness.com reserves the right at all times to disclose any information as
necessary or advisable to satisfy any law, regulation or government request; and
to edit, to refuse to post or to remove any information or materials, in whole or
in part, that, in onlybusiness.com’s sole discretion, are in violation of these
Terms of Use or applicable law. We may also impose limits on certain features of
the forums or restrict your access to part or all of the forums without notice or
penalty if we believe you are in breach of the guidelines set forth in our Terms
of Use or in violation of applicable law without notice or liability.
9. Linking to the Web Site You agree that if you include a link
from any other web site to the Web Site, such link shall link to the full version
of an HTML formatted page of this Web Site. You are not permitted to link directly
to any image hosted on the Web Site or our services, such as using an "in-line"
linking method to cause the image hosted by us to be displayed on another web site.
You agree not to link from any other web site to this Web Site in any manner such
that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated
by any third party content, materials or branding. We reserve all of our rights
under the law to insist that any link to the Web Site be discontinued, that the
link open in a new browser window, and/or to revoke your right to link to the Web
Site from any other web site at any time upon written notice to you.
10. Indemnification By submitting or posting any User Information,
photograph and/or Submitted Materials you acknowledge and agree that, in the event
that it becomes necessary or advisable for us to defend ourselves, in a court of
law or otherwise, with respect to any such User Information, photograph and/or Submitted
Materials, we may rely on your representations and warranties contained herein.
By using the Web Site you acknowledge and agree that, in the event that it becomes
necessary or advisable for us to defend ourselves, in a court of law or otherwise,
with respect to your engaging in any prohibited user conduct, as described herein,
we may rely on your representations and warranties contained herein. You agree to
defend, indemnify and hold onlybusiness.com and its directors, officers, employees
and agents harmless from any and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees and other costs of enforcing these Terms of Use, arising
in any way from your use of the Web Site, your placement or transmission of any
message, content, information, software or other materials on or through the Web
Site, or your breach or violation of the law or of these Terms of Use. onlybusiness.com
reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in such case, you
agree to cooperate with onlybusiness.com's defense of such claim.
11. Orders for Products and Services We and/or registered members
of onlybusiness.com (“Members”) may make certain products and services available
to visitors, registrants and other Members of the Web Site. You may only order products
if, and you hereby represent and warrant that, you are 18 years old or older. You
agree to pay in full the prices for any purchases you make either by credit/debit
card concurrent with your online order or by other payment means acceptable to onlybusiness.com
or the Member offering such products/services (“Selling Member”). You agree to pay
all applicable taxes. If payment is not received from your credit or debit card
issuer or its agents, you agree to pay all amounts due upon demand. Certain products
that you purchase and/or download on or through the Web Site may be subject to additional
terms and conditions presented to you at the time of such purchase or download or
thereafter. You will not hold onlybusiness.com responsible for the actions or inactions
of other users, visitors or Members. We are not involved in generating leads or
in the actual transactions that may take place between visitors and Members of onlybusiness.com.
We have no control over and do not guarantee the quality, safety or legality of
items advertised, the truth or accuracy of offers or listings, the ability of sellers
to sell items, the ability of buyers to pay for items, or that a buyer or seller
will actually complete a transaction.
12. Third Party Web Sites You may be able to link from the Web
Site to third party web sites that take you outside of our service and third party
web sites may link to the Web Site ("Linked Sites"). For example, if you click on
a banner advertisement or a search result, the click may take you off the Web Site.
This includes links from advertisers, sponsors and content partners that may use
our logo(s) as part of a co-branding relationship. You acknowledge and agree that
onlybusiness.com has no responsibility for the information, content, products, services,
advertising, code or other materials which may or may not be provided by or through
Linked Sites, even if they are owned or run by affiliates of ours, and you rely
on the same at your own risk. Such Linked Sites are not under our control, and links
to other sites are provided solely for the convenience of users. You acknowledge
that when you click on a link that leaves the Web Site, the site you will land on
is not controlled by us and different terms of use and privacy policy may apply.
By clicking on links to other sites, you acknowledge that we are not responsible
for those sites. We reserve the right to disable links from third-party sites to
the Web Site, although we are under no obligation to do so. Links to Linked Sites
do not constitute an endorsement or sponsorship by us of such web sites or the information,
content, products, services, advertising, code or other materials presented on or
through such web sites. Also, onlybusiness.com is not responsible for any form of
transmission received from any linked web site.
13. Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others, and require that the people
who use the Web Site, or the services or features made available thereon, do the
same. If you believe in good faith that your work has been copied in a way that
constitutes copyright infringement, please notify our Copyright Agent, designated
as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2),
named below. To be effective, the notification must be a written communication that
includes the following:
- A physical or electronic signature of person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party,
including an address, telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on this Web Site electronic
mail to a user's e-mail address in our records, or by written communication sent
by first-class mail to a user's physical address in our records. If you receive
such a notice, you may provide counter-notification in writing to the designated
agent that includes the information below. To be effective, the counter-notification
must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been
disabled, and the location at which the material appeared before it was removed
or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief
that the material was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent
to the jurisdiction of a Federal District Court for the judicial district in which
your physical address is located, or if your physical address is outside of the
United States, the judicial district covering San Francisco,California, and that
you will accept service of process from the person who provided notification of
allegedly infringing material or an agent of such person.
Copyright Agent:
onlybusiness.com
Address: 1801 Century Park East, Suite 2400, Los Angeles, CA, 90067,
USA
Email:
support@onlybusiness.com Phone: 310-285-8444
14. Disclaimer of warranties The web site, including, without limitation,
all services, content, functions and materials provided through the web site, are
provided "as is," "as available," without warranty of any kind, either express or
implied, including, without limitation, any warranty for information, data, data
processing services, uptime or uninterrupted access, any warranties concerning the
availability, playability, displayability, accuracy, usefulness, correctness, precision,
thoroughness, completeness or content or information, and any warranties of title,
non-infringement, merchantability or fitness for a particular purpose, and we hereby
disclaim any and all such warranties, express and implied. We do not warrant that
the web site or the services, content, functions or materials provided through the
web site will be timely, secure, uninterrupted or error free, or that defects will
be corrected. We make no warranty that the web site or provided services will meet
users' requirements. No advice, results or information, whether oral or written,
obtained by you from us or through the web site shall create any warranty not expressly
made herein. onlybusiness.com also assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your equipment on account of your
access to, use of, or browsing in the web site or your downloading of any materials,
data, text, images, video content, or audio content from the web site.
We reserve the right to change or make corrections to any of the information provided
on the web site at any time and without any prior warning. We will not be liable
for any inaccuracy or omission concerning any of the information provided on the
web site.
Without limitation of the above in this section, onlybusiness.com and its affiliates,
suppliers and licensors make no warranties or representations regarding any products
or services provided via the web site, and hereby disclaim, and you hereby waive,
any and all warranties and representations made in product or services literature,
frequently asked questions documents and otherwise on the web site or in correspondence
with onlybusiness.com or its agents. Any products and services ordered or provided
via the web site are provided by onlybusiness.com "as is," except to the extent,
if at all, otherwise set forth in a license or sale agreement separately entered
into in writing between you and onlybusiness.com or its licensor or supplier. Under
no circumstances does your use of the web site form any relationship, whether implied
or express, with onlybusiness.com. onlybusiness.com hereby disclaims any such relationship
and any liability arising as a result of its use of any content, including, without
limitation, messages, comments or contributions, contained on the web site.
16. Limitation of liability In no event, including but not limited
to negligence, shall onlybusiness.com or any member of onlybusiness.com llc. Or
any of their directors, officers, employees, agents or content or service providers
(collectively, the "protected entities") be liable for any direct, indirect, special,
incidental, consequential, exemplary or punitive damages arising from, or directly
or indirectly related to, the use of, or the inability to use, the web site or the
content, materials and functions related thereto, your provision of information
via the web site, lost business or lost sales, even if such protected entity has
been advised of the possibility of such damages. Some jurisdictions do not allow
the limitation or exclusion of liability for incidental or consequential damages
so some of the above limitations may not apply to certain users. In no event shall
the protected entities be liable for or in connection with any content posted, transmitted,
exchanged or received by or on behalf of any user or other person on or through
the web site. In no event shall the total aggregate liability of the protected entities
to you for all damages, losses, and causes of action (whether in contract or tort,
including, but not limited to, negligence or otherwise) arising from the terms of
use or your use of the web site exceed, in the aggregate, the amount, if any, paid
by you to onlybusiness.com for your use of the web site. If you are dissatisfied
with the web site, your sole remedy is to discontinue using the web site.
17. Applicable Laws We control and operate the Web Site from our
offices in Los Angeles, California United States of America. We do not represent
that materials on the Web Site are appropriate or available for use in other locations.
Persons who choose to access the Web Site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if and to the extent
local laws are applicable. All parties to these Terms of Use waive their respective
rights to a trial by jury.
18. Termination onlybusiness.com may terminate, change, suspend
or discontinue any aspect of the Web Site or the Web Site's services (including,
without limitation, content, features or hours of availability), at any time and
for any reason. onlybusiness.com may restrict, suspend or terminate your access
to the Web Site and/or its services if we believe you are in breach of our Terms
of Use or applicable law, or for any other reason without notice or liability. Once
you have been banned from use of the Web Site, you may not thereafter use the Web
Site under a new username or identity. onlybusiness.com maintains a policy to terminate
the Web Site use privileges of users who repeatedly infringe the intellectual property
rights of others (including those of onlybusiness.com).
Should you wish to terminate your account with onlybusiness.com, you may do so at
any time with the following restrictions:
- If you have registered and/or host a specific and personalized domain through onlybusiness.com
(e.g. www.yourbusiness.com) and you wish to transfer this domain to another domain
name host, there will be a US$50.00 administrative fee that will be payable by you
to onlybusiness.com, before any transfer is allowed.
- If you have taken any level of ‘Bundled Package’ as your membership type on onlybusiness.com
and you wish to cancel within the first THREE (3) months of your account activation,
you agree to be charged a cancellation fee of US$150.00 prior to the account being
cancelled. PLEASE NOTE: This does not include any cancellations that occur within
the first 30 days of your account activation, as this falls within the onlybusiness.com
‘30-Day Money-Back Guarantee’ period, and so any cancellations in the first 30 days
of account activation will not incur the US$150.00 cancellation fee.
19. Changes to Terms of Use onlybusiness.com reserves the right,
at its sole discretion, to change, modify, add or remove any portion of the Terms
of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective
when posted. Your continued use of the Web Site and/or the services made available
on or through the Web Site after any changes to the Terms of Use are posted will
be considered acceptance of those changes.
20. Miscellaneous The Terms of Use, and the relationship between
you and us, shall be governed by the laws of the State of California, United States
of America, without regard to conflict of law provisions. You agree that any cause
of action that may arise under the Terms of Use shall be commenced and be heard
in the appropriate court in the State of California, County of Los Angeles, United
States of America. You agree to submit to the personal and exclusive jurisdiction
of such courts. Our failure to exercise or enforce any right or provision of the
Terms of Use shall not constitute a waiver of such right or provision. If any provision
of the Terms of Use is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the Terms of Use remain in full force and effect.
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