1. Your Acceptance
A. By clicking "I Agree", you signify your agreement to these terms and conditions (the "Terms"). If you do not agree to any of these terms you will not be able to watch videos on www.BizVision.com (the "Website").
B. BizVision® may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Your Responsibility
A. You are responsible for obtaining and maintaining all equipment and services needed in order to access and use the BizVision® Website and Videos and for paying all related charges.
B. In order to view any of the Videos made available on the Website, you will have to create a BizVision® account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BizVision® immediately of any breach of security or unauthorized use of your account.
- Provide true, accurate, current, and complete information as prompted by the registration form.
- Maintain and update such information so that it is accurate, current, and complete at all times. In addition, you agree not to use the BizVision®system to:
- Violate any local, state, national, or international law or regulation.
- Transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk, harass, or harm another individual.
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the BizVision® Website or servers or networks connected to BizVision®, or disobey any requirements, procedures, policies, or regulations of networks connected to BizVision®.
3. BizVision® Website
A. These Terms apply to all customers of the BizVision® Website. The BizVision® Website includes all aspects of BizVision®, including but not limited to all products, software and services offered via the Website.
B. The BizVision® Website may contain links to third party websites that are not owned or controlled by BizVision®. BizVision® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BizVision® will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BizVision® from any and all liability arising from your use of any third-party website.
4. General Use of Videos -- Permissions and Restrictions
BizVision® hereby grants you permission to view the videos made available on the Website (the “Videos”), either purchased or made available at no cost, as set forth in these Terms, provided that:
A. You agree not to distribute in any medium any part of the Videos.
B. You agree not to alter or modify any part of the Videos, including but not limited to BizVision's® video player or any of its related technologies.
C. You agree not to access the Videos through any technology or means other than the the BizVision® video player or other explicitly authorized means BizVision® may designate.
D. You agree not to use the Videos or the BizVision® video player for any commercial use, without the prior written authorization of BizVision®. Prohibited commercial uses include any of the following actions taken without BizVision's® express approval:
- Sale of access to the Videos or related services (such as the video player).
- Use of the Videos or related services (such as the video player), for the primary purpose of gaining advertising or subscription revenue.
- And any use of the Videos or related services (such as the video player) that BizVision® finds, in its sole discretion, to use BizVision's® resources or Videos with the effect of competing with or displacing the market for BizVision® and its Producers.
E. BizVision® reserves the right to discontinue any aspect of BizVision® at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Videos on the BizVision® Website.
A. The Videos on the BizVision® Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BizVision®, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BizVision® reserves all rights not expressly granted in and to the Website, the Videos and the Content.
B. You may access Videos solely:
- For your individual use or for a group view, only if you purchased that option.
- As intended through the normal functionality of the BizVision® service.
- For Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the BizVision® Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Videos for any purpose or in any manner other than Streaming is expressly prohibited. Videos are made available "as is." C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the BizVision® service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the BizVision® service or otherwise as prohibited under this Agreement. D. You may access BizVision® Content, Videos and other content only as permitted under this Agreement. BizVision® reserves all rights not expressly granted in and to the BizVision® Content and the BizVision® service. E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Videos of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the BizVision® Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BizVision® Website or the Content therein. G. You understand that when using the BizVision® Website, you will be exposed to Videos from a variety of sources, and that BizVision® is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Videos. You further understand and acknowledge that you may be exposed to Videos that are inaccurate and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BizVision® with respect thereto, and agree to indemnify and hold BizVision®, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Copyright Infringement
A. BizVision® respects the intellectual property rights of others. Upon proper notice, BizVision® will remove Videos that violate copyright law, suspend access to BizVision® (or any portion thereof) to any user who uses BizVision® in violation of copyright law, and terminate the accounts of repeat infringers.
B. Pursuant to Title 17 of the U.S. Code, Section 512, BizVision® has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send BizVision's® copyright agent a notification of claimed infringement with all of the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the claimed infringing material and information reasonably sufficient to permit BizVision® to locate the material on BizVision®.
- Information reasonably sufficient to permit BizVision® to contact you, such as an address, telephone number, and, if available, an e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your physical or electronic signature.
Please provide us with a notice that includes all of the above enumerated information (“Notice of Infringement”) and send it to our Copyright Agent through one of the following contact methods:
BizVision® Copyright Agent
7050 Union Park Center
Salt Lake City, UT 84047
C. By submitting a Notice of Infringement, you acknowledge and agree that BizVision® may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice. Please do not send notices or inquiries unrelated to alleged copyright infringement to BizVision's® designated agent.
7. Account Termination Policy
Your right to use the BizVision® Website automatically terminates if you violate these Terms or any rules or guidelines posted in connection with BizVision®. BizVision® reserves the right, in its sole discretion, to terminate your access to all or part of the BizVision® Website, for any reason, with or without notice. BizVision® reserves the right to investigate your use of the Website or Videos in the event BizVision®, in its sole discretion, believes you have violated these Terms.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BizVision® WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BizVision®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BizVision® 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 BizVision® WEBSITE. BizVision® DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BizVision® WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BizVision® 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.
9. Limitation of Liability
IN NO EVENT SHALL BizVision®, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BizVision® WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BizVision® 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.
The Website is controlled and offered by BizVision® from its facilities in the United States of America. BizVision® makes no representations that the BizVision® Website is appropriate or available for use in other locations. Those who access or use the BizVision® Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless BizVision®, 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 BizVision® 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 BizVision® Website.
11. Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BizVision® without restriction.
These Terms shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws or principles. Any claim or dispute between you and BizVision® that arises in whole or in part from the BizVision® Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake City, Utah. These Terms, together with the Privacy Notice at http://www.BizVision.com/privacy.html and any other legal notices published by BizVision® on the Website, shall constitute the entire agreement between you and BizVision® concerning the BizVision® Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and BizVision's® failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. BizVision® reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the BizVision® Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND BizVision® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BizVision® WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.