Terms of Service

Last Updated: September 9, 2020

Welcome to BizzyB

This application is owned and operated by the Bizgenics Foundation, a 501C3 non-profit corporation (“BGF”). The term “you” refers to anyone including minors, parents, guardians, teachers, counselors, administrators, mentors, curriculum authors, contest producers, contest judges, and other designates related to minors using the BizzyB website, application and its resources. By visiting, using or accessing this website or application including but not limited to the information, resources, services, products, and tools we provide (the “App”), you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement” or “Agreement”), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This User Agreement is in effect as of July 30, 2017. We reserve the right to change this Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use & Conduct

By visiting our application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Limited License

BGF grants you a limited license to access and make personal use of this App and its Resources, and not to download (other than page caching) or modify it, or any portion of it. This license does not include any derivative use of this App or its Resources; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This App, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BGF. Any unauthorized use of the App terminates the permissions granted herein.

You Agree that You Understand That:

a. Use of this App and its Resources is limited to individuals 13 years of age or older. If you are not 13 years of age, you must remove your account immediately. Multiple warnings are posted on the marketing website and within the App noticing this limitation. BGF does not take any responsibility or assume any liability for minors under the age of 13 using the App or its Resources.

b. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

c. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).

d. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

e. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

f. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

g. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

h. We may provide various open communication tools through the App and Resources, including but not limited to blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not prescreen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our App or Resources, that it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any BizzyB or BGF agents, employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

i. We do not assume any liability for any content posted by you or any other 3rd party users of our App and Resources. However, any content posted by you using any open communication features on our App and Resources, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of BizzyB and BGF, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process that is necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this Agreement. To read our Privacy Policy in its entirety, click here.

Limitation of Warranties

By using this application, you understand and agree that the App and Resources are provided “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) any content used or downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for ensuring the content adheres to your company policies and legal guidelines.
vii) no information or advice, whether expressed, implied, oral or written, obtained by you from BGF or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount of personal account subscription paid, if any, for use of products and/or services. BGF and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our App or Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

You agree that no joint venture, partnership, or employment relationship exists between you and BizzyB and/or BGF as a result of this Agreement or use of this App or Resources.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this App or Resources or information provided to or gathered by us with respect to such use.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and BGF with respect to this App and Resources, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Hold Harmless & Indemnification

You agree to indemnify and hold harmless BizzyB and BGF and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

You further agree to remain legally responsible for any and all personal actions taken by your respective users including but not limited to minors, parents, guardians, teachers, mentors, administrators, friends, family and others associated with users. You agree to hold harmless and defend BizzyB and BGF and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors from any and all claims known and unknown arising out of or in any way connected with use of the App and Resources including causes of action, demands, recoveries, losses, damages, fines, any illness or injury or cost of medical treatment in connection therewith, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of these Terms of Use or the documents referenced herein;
2. your violation of any law or the rights of a third party; or
3. your use of this App or the Resources herein.

Parents and Guardians herein confirm that each has respective rights to enter into this Agreement, and that each is not restricted by BizzyB and BGF and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations.

Team Project Intellectual Property

User project content logged into the App Project Journal including text descriptions, images and videos remains the intellectual property of respective users. Users creating content as team members on projects hereby agree to be tenants in common of project intellectual property rights including but not limited to trademarks, patents and trade secrets.

BizzyB image upload features provide for you to certify that images and videos loaded onto BizzyB have been done so legally with proper permissions. Your uploading of images therefore represents that you either possess image intellectual property rights and are contributing the rights to BizzyB or that the image is uploaded under permissible use terms such as use granted with a byline credit. You agree to defend and indemnify BizzyB and BGF and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from any and all claims known and unknown arising out of or in any way connected with use of images and videos.

Users acknowledge that they have the right to download project content off the App at anytime, mask project content from public view and have the right to delete project content or entire project records at any time.

Authored Curriculum Copyrights

Authors can elect to retain copyrights to Curriculum posted on the App by adding a copyright notice in lesson and/or project Curriculum settings copyright field. In the absence of a copyright notice, you hereby grant BizzyB and BGF and its designees the perpetual and worldwide copyright to the Curriculum. This grant includes without limitation the right to edit, mix, or duplicate and use or re-use Curriculum in whole or part as BizzyB and BGF may elect. BizzyB and BGF or its designee shall have complete ownership of Curriculum, including copyright interests, and you and your Parents and Guardians if you’re a minor acknowledge that you and they have no interest or ownership in Content or its copyright. You and your Parents and Guardians if you’re a minor also grant BizzyB and BGF and its designees the right to broadcast, exhibit, market, sell and otherwise distribute Curriculum, either in whole or in part, and either alone or with other content for commercial or non-commercial television or theater, closed-circuit exhibition, internet distribution, home video distribution or any other purpose that BizzyB and BGF or its designees in their sole discretion may determine. You and your Parents and Guardians if you’re a minor hereby give all clearances, copyright and otherwise for the use of your and their own respective name, likeness, image voice, appearance and performance embodied in the Curriculum. The rights granted BizzyB and BGF herein are perpetual and worldwide.

Contest Producer Copyrights

Contest Producers retain their trademark rights when posting on the App. Producers are soley responsible for including legal notices in text and images for both their trademarks and their sponsors’ trademarks.

General Images & Videos

Photos and videos uploaded by you to the App or Resources may be posted to various publicity-disseminated media. All users including Parents and Guardians hereby grant BizzyB and BGF and its designees the right to use content with you and other participants likeness, image, voice, appearance and performance in connection with activities related to BizzyB whether recorded on or transferred to videotape, film, slides, photographs, audio tapes, or other media, now known or later developed. This grant includes without limitation the right to edit, mix, or duplicate and use or re-use Content in whole or part as BizzyB and BGF may elect. BizzyB and BGF or its designee shall have complete ownership of Content, including copyright interests, and you, your Parents and Guardians acknowledge they have no interest or ownership in Content or its copyright. You, your Parents and Guardians also grant BizzyB and BGF and its designees the right to broadcast, exhibit, market, sell and otherwise distribute Content, either in whole or in part, and either alone or with other content for commercial or non-commercial television or theater, closed-circuit exhibition, internet distribution, home video distribution or any other purpose that BizzyB and BGF or its designees in their sole discretion may determine. This grant includes the right to use Content for promoting or publicizing any of the uses. You, your Parents and Guardians hereby gives all clearances, copyright and otherwise for the use of your and their own respective name, likeness, image voice, appearance and performance embodied in the Content. The rights granted BizzyB and BGF herein are perpetual and worldwide.

App Copyrights & Trademarks

This App and Resources contain logos, trademarks, service marks, design elements, and other content that are proprietary to BGF or its affiliates, and cannot be copied, reproduced, or used without the written permission of BGF. All content and materials available in this application, including but not limited to text, graphics, name, URL addresses, code, images and logos are the intellectual property of BGF, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by BGF. If you are aware of an infringement of this App, Resources or our trademarks, please let us know by contacting us at bizzyb.com/contact.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our App and Resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the App and Resources will immediately cease, and we reserve the right to remove or delete any content and/or information that you may have on file with us, including any account or login information.

Events

BizzyB may be used by schools, hackathons, contests, challenges, incubators, accelerators and other event and program productions (hereafter “Events”). You agree to the following additional terms that relate to Events in addition to all other terms in the Agreement. You also agree that you understand that BizzyB and BGF and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, are not presenting entities and thus not responsible for any event activities, insurance policies, permits, permissions or liabilities stemming from Events.

Governing Law

This application is owned and controlled by the BGF, a Hawaii 501C3 Non-Profit Corporation. As a web-based application, the App and Resources can be accessed in most countries around the world. As each country has laws that may differ, by accessing the App and Resources, you agree that the statutes and laws of the State of Hawaii, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the App and Resources and the purchase of any products or services through the App and Resources.

Furthermore, any action to enforce this Agreement shall be brought in the federal or state courts located in the State of Hawaii, USA, where our management team is located. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, BGF EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Modification of Terms of Use

BGF reserves the right to revise these terms of use for the App and Resources at anytime without notice. By visiting and using the App and Resources, you are agreeing to be bound by the then current version of these terms and conditions of use.

Contact Information

If you have any questions or comments about the Terms of Service as outlined above, contact us at: Bizgenics Foundation, 1012 18th Ave. Honolulu, HI 96816 USA