SMALL BUSINESS LIVE USER AGREEMENT
The following are the terms and conditions for use of www.smallbiz.live and various other Web Sites and web pages (collectively, collectively, the “SMALL BUSINESS LIVE Web Sites”) in support of the Small Business Live, a one day musical experience (“SMALL BUSINESS LIVE”). This User Agreement applies to the SMALL BUSINESS LIVE Web Sites and does not apply to the content of third parties.
The SMALL BUSINESS LIVE Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Your use of the SMALL BUSINESS LIVE Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular SMALL BUSINESS LIVE Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that SMALL BUSINESS LIVE Web Site (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular SMALL BUSINESS LIVE Web Site, then these terms shall control.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the SMALL BUSINESS LIVE Web Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the SMALL BUSINESS LIVE Web Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the SMALL BUSINESS LIVE Web Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Click Here to see the Privacy Statement for disclosures relating to the collection and use of your personal information.
SMALL BUSINESS LIVE reserves the right to change the terms, conditions, and notices under which the SMALL BUSINESS LIVE Web Sites are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the SMALL BUSINESS LIVE Web Sites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the SMALL BUSINESS LIVE Web Sites are for your personal and non-commercial use. The content available and any services made available through the SMALL BUSINESS LIVE Web Sites is the property of SMALL BUSINESS LIVE or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the SMALL BUSINESS LIVE Web Sites. You acknowledge that SMALL BUSINESS LIVE retains exclusive ownership (or is the licensee) of the SMALL BUSINESS LIVE Web Sites, all content, materials and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the SMALL BUSINESS LIVE Web Sites or their contents, and SMALL BUSINESS LIVE reserves all rights not expressly granted hereunder. Without the advance express written permission of an authorized representative of SMALL BUSINESS LIVE, you may not “meta-search” the SMALL BUSINESS LIVE Web Sites, send, or cause to be sent, any automated queries of any sort to the SMALL BUSINESS LIVE Web Sites, or use the SMALL BUSINESS LIVE Web Sites in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any SMALL BUSINESS LIVE Web Sites to determine how a web site “ranks” on any SMALL BUSINESS LIVE Web Sites.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the SMALL BUSINESS LIVE Web Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SMALL BUSINESS LIVE shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SMALL BUSINESS LIVE Web Sites, you will not use the SMALL BUSINESS LIVE Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices nor cause damage to any third party. You may not use the SMALL BUSINESS LIVE Web Sites in any manner that could damage, disable, overburden, or impair any SMALL BUSINESS LIVE Web Sites (or the network(s) connected to any SMALL BUSINESS LIVE Web Site) or interfere with any other party’s use and enjoyment of any SMALL BUSINESS LIVE Web Site. You may not attempt to gain unauthorized access to any SMALL BUSINESS LIVE Web Sites, other accounts, computer systems or networks connected to any SMALL BUSINESS LIVE Web Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SMALL BUSINESS LIVE Web Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), SMALL BUSINESS LIVE has designated an agent to receive notifications of claimed copyright infringement relating to the SMALL BUSINESS LIVE Web Sites (the “Designated Agent”). All such notifications relating to the SMALL BUSINESS LIVE Web Sites must be a written communication and must include the following information:
◦. A physical or electronic signature of a 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 SMALL BUSINESS LIVE personnel to locate the material.
◦. Information reasonably sufficient to permit SMALL BUSINESS LIVE to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
◦. 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.
◦. 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.
Claims of infringement which include the above required information must be submitted via postal mail, or e-mail to SMALL BUSINESS LIVE’ Designated Agent as follows:
Superfly Marketing Group
381 Park Ave South, 16th Floor
New York, NY 10016
SMALL BUSINESS LIVE may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the “Submitted Content”) in connection with various features of the SMALL BUSINESS LIVE Web Sites including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the “Community Features”). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. SMALL BUSINESS LIVE may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products (“Third Party Social Networking Features”).
SMALL BUSINESS LIVE and its third-party providers (“Vendors”) do not monitor, endorse, edit or screen your Submitted Content, although SMALL BUSINESS LIVE and its Vendors reserve the right to do so, and neither SMALL BUSINESS LIVE nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission.
You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and SMALL BUSINESS LIVE or between you and SMALL BUSINESS LIVE’ Vendors other than as expressly set forth in this Agreement.
You acknowledge that SMALL BUSINESS LIVE is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to SMALL BUSINESS LIVE under the terms of this Agreement.
You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If SMALL BUSINESS LIVE determines, in SMALL BUSINESS LIVE’ sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, SMALL BUSINESS LIVE reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the SMALL BUSINESS LIVE Web Sites and/or any Community Features; and/or (d) use any technological, legal, operational or other means available to SMALL BUSINESS LIVE to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the SMALL BUSINESS LIVE Web Sites and any of the Community Features.
You are solely responsible for your interactions with other users of the SMALL BUSINESS LIVE Web Sites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to SMALL BUSINESS LIVE a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
You hereby agree to indemnify and hold SMALL BUSINESS LIVE and all SMALL BUSINESS LIVE Entities, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the SMALL BUSINESS LIVE Web Sites and if any the products, merchandise, tickets and/or services purchased via the SMALL BUSINESS LIVE Web Sites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the “SMALL BUSINESS LIVE Entities” shall mean, Superfly Marketing Group, LLC and all of the parent, subsidiary, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing or which presents or operates the SMALL BUSINESS LIVE l, including all of their officers, directors, shareholders, members, managers, employees, contractors or agents.
The information, software, products, and services included in or available through the SMALL BUSINESS LIVE Web Sites may include inaccuracies or typographical errors. Changes are periodically made to the SMALL BUSINESS LIVE Web Sites and to the information therein. SMALL BUSINESS LIVE and/or its respective suppliers may make improvements and/or changes in the SMALL BUSINESS LIVE Web Sites at any time. Advice or information received via the SMALL BUSINESS LIVE Web Sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. The SMALL BUSINESS LIVE Entities and/or their respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the SMALL BUSINESS LIVE Web Sites for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. SMALL BUSINESS LIVE and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. you specifically agree that the SMALL BUSINESS LIVE Entities shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the SMALL BUSINESS LIVE Web Sites. You specifically agree that the SMALL BUSINESS LIVE Entities are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the SMALL BUSINESS LIVE Entities are not responsible for any content sent using and/or included in a SMALL BUSINESS LIVE Web Site by any third party.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that SMALL BUSINESS LIVE may establish limits concerning use of any SMALL BUSINESS LIVE service offered on an SMALL BUSINESS LIVE Web Site, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any SMALL BUSINESS LIVE Web Site or service, the maximum disk space that will be allotted on SMALL BUSINESS LIVE’ servers on your behalf, and the maximum number of times and duration you may access any SMALL BUSINESS LIVE Web Site in a given period of time.
You agree that the SMALL BUSINESS LIVE Entities have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any SMALL BUSINESS LIVE Web Site. You acknowledge that SMALL BUSINESS LIVE reserves the right to log off accounts that are inactive for an extended period of time.
SMALL BUSINESS LIVE makes no warranty that any SMALL BUSINESS LIVE Web Sites or service will be uninterrupted, timely, secure or error-free.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of SMALL BUSINESS LIVE Web Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted and complaints may be filed online at www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.