TERMS & CONDITIONS
Last Updated February 1, 2012
SoBiz Network, Inc. (hereafter "SoBiz") provides a social networking community, a business networking community, an online business directory application, and promotional events and prize contests to its members via our website SoBizNetwork.com ("the Site") subject to the following Terms and Conditions of Use (hereafter "TCU"). This TCU is a legal agreement between you and SoBiz and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "Users"). These TCU limit SoBiz's liability and obligations to you, grant us certain rights in your User Content (defined below) and allow us to change, suspend or terminate your access to and use of the Site and SoBiz Service. This TCU governs your use of SoBiz Network, Inc's various websites, which include, but are not limited to, the business community, the social community, SoBiz Productions, SoBiz Promotions, the business directory portals, and the various other website attachments, owned and operated by SoBiz Network, Inc. By using and/or visiting this website (collectively, including all Content and functionality available through the SoBizNetwork.com domain names, you signify your agreement to these TCU.
Please read these terms and conditions carefully before using this site. The Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SoBiz Network, Inc's websites and services (including the various products) constitutes your agreement to all such terms, conditions, and notices. Your use of a particular SoBiz Website may also be subject to additional terms. These TCU apply to SoBiz Network, Inc.'s websites and do not apply to the Content of third parties. If any conflicts exist between any other Agreement and these TCU, the terms and conditions of these TCU will govern.
1. REGISTRATION AND ELIGIBILITY
1.1. In order to access certain features of the Site and SoBiz Service, and to post any content on the Site or via the SoBiz Service you will have to create a SoBiz account and become a "Member". If you are under the age 17, we encourage you to get permission from your parent or guardian to use SoBiz.
1.3. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to not use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SoBiz immediately if you suspect any unauthorized use all use of your account.
1.4. If you become a Member you consent to the use of: (a) electronic means to complete these TCU and to provide you with any notices given pursuant to these TCU; and (b) electronic records to store information related to these TCU or your use of the Site and SoBiz Service.
2. USE OF USER CONTENT SUBMITTED BY YOU
2.1. User Content. You agree that any User Content you upload, post, email, transmit or otherwise make available via the SoBiz Service is non-confidential. SoBiz does not claim ownership rights in your User Content. However, by uploading, posting, emailing, transmitting or otherwise making available your User Content via the SoBiz Service you hereby grant SoBiz a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites, for commercial or non-commercial use. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to SoBiz. SoBiz will own all right, title and interest in and to all derivative works and compilations of User Content that are created by SoBiz, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by SoBiz to give to SoBiz the full benefit of the rights granted to SoBiz by you. The submission of any materials to SoBiz irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
2.2. Limitations. You acknowledge and agree that SoBiz may, at its option, establish limits concerning User Content, including without limitation the maximum number of days that User Content will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Content on SoBiz's servers. SoBiz will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Content.
2.3. Disclaimer. SoBiz has no ability to control the User Content that are uploaded, posted or otherwise transmitted using the Site or SoBiz Service and does not have any obligation to monitor such User Content for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Content or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. SoBiz does not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SoBiz with respect thereto.
3. COPYRIGHTED MATERIALS: NO UNAUTHORIZED USE
3.1. YOU WILL NOT USE THE SITE OR SOBIZ SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. SoBiz has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Copyright Policy for further information.
4. LINKING TO OUR WEB SITE
4.1. You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not portray SoBiz or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any SoBiz trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without SoBiz's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a SoBiz name, trademark or product name without SoBiz's express written consent.
5. THIRD PARTY LINKS
5.1. SoBiz may provide images and links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. SoBiz does not monitor, nor does it have any control over, any Third Party Content. SoBiz does not endorse or adopt any Third Party Content and makes no guarantees as to its accuracy or completeness. SoBiz makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that SoBiz's terms and conditions no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.
6. NO SPAM POLICY
7. CONTENT, INFORMATION, AND CONDUCT
7.1. Advertisers and Users understand that all information, text, logos, data, coupons, software, graphics, commercials, videos, music, sounds, messages, tags, hyperlinks, or any other materials ("Content"), whether submitted directly by the Advertiser or indirectly through other means, are the sole responsibility of the Advertiser, from whom such Content originated. Advertisers are entirely responsible for all Content that they upload, post, email, transmit or otherwise make available via the SoBiz Websites, including SoBizNetwork.com. SoBiz does not control the Content updated by Advertisers and, as such, does not guarantee the quality, accuracy or integrity of such Content. You understand that by using this website, or any other SoBiz Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Your linking to any other websites is at your own risk.
8. USER CONDUCT
8.1. Interactions between SoBiz Users. You are solely responsible for your interactions (including any disputes) with other SoBiz Users. You understand that SoBiz does not in any way screen SoBiz Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and SoBiz Service and disclosing personal information to other SoBiz Users. You agree to take reasonable precautions in all interactions with other SoBiz Users, particularly if you decide to meet a SoBiz User offline, or in person. Your use of the Site, SoBiz Service, Content and any other information or other materials made available through the Site or SoBiz Service is at your sole risk and discretion and SoBiz hereby disclaims any and all liability to you or any third party relating thereto. SoBiz reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these TCU. You will cooperate fully with SoBiz to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized SoBiz representatives access to any password-protected portions of your SoBiz account.
8.2. Obligations for SoBiz Users. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and SoBiz Service. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or SoBiz Service:
8.2.1. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
8.2.2. Upload, stream, email or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
8.2.3. Use any meta tags or other hidden text or metadata utilizing a SoBiz name, trademark, URL or product name;
8.2.4. Upload, stream, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
8.2.5. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or SoBiz Service to send altered, deceptive or false source-identifying information;
8.2.6. Upload, stream, email, or otherwise transmit, via the Site or SoBiz Service, any User Contents that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of SoBiz;
8.2.7. Upload, stream, email, or otherwise transmit any User Contents that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
8.2.8. Upload, stream, email or otherwise transmit any User Contents that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Contents that is unrelated to the immediate, aesthetic nature of the User Contents;
8.2.9. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of SoBiz's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
8.2.10. Data Mining, scraping, crawling, or using any process or processes that send automated queries to SoBiz Websites. You may not use the SoBiz Websites, Featured Business Displays, Business Displays, Placements, Complimentary Spots, Social Communities, Business Communities, or any other SoBiz materials for any unsolicited commercial e-mail.
8.2.11. Harvesting Information by launching or using any automated system, including without limitation, spiders, robots, crawlers, data mining tools, or offline readers, to download data from SoBiz Websites, unless expressly permitted by SoBiz Network, Inc. Notwithstanding the foregoing, SoBiz grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SoBiz reserves the right to revoke these exceptions either generally or in specific cases.
8.2.12. Collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (i.e. email) for any commercial solicitation purposes or to solicit, for commercial purposes, any Advertisers of the Website.
8.2.13. Attempt to probe, scan or test the vulnerability of any SoBiz system or network or breach or impair or circumvent any security or authentication measures protecting the Site or SoBiz Service;
8.2.14. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or SoBiz Service;
8.2.15. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by SoBiz or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
8.2.16. Try to obtain, collect or store personal data about other users without their express permission;
8.2.17. Impersonate or misrepresent your affiliation with any person or entity, through pre-texting or some other form of social engineering or otherwise commit fraud;
8.2.18. Use the Site or SoBiz Service in any manner not permitted by these TCU; or
8.2.19. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these TCU.
9. POSSIBLE CONTENT REMOVAL
9.1. SoBiz retains the right, but not the obligation, to monitor and edit or remove any User Content that it deems in its sole discretion to be harmful to SoBiz Users, SoBiz, the rights of any third party or that violates any applicable law. This includes the right, but not the obligation, to immediately, temporarily or permanently, remove any User Content (including, without limitation, any text or images) uploaded by you that SoBiz deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:
9.1.1. Photographs, pictures, images, text or other materials submitted by Members that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
9.1.2. Partially or fully nude images of anyone, at any age, of any gender,including sexually suggestive images or words;
9.1.3. Profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous, promote self-harm, or offensive;
9.1.4. Any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
10. SOBIZNETWORK.COM VISITORS
10.1. In general, our Website automatically gathers certain usage information like the numbers and frequency of visitors to this Website or other SoBiz Websites and respective areas, such as voting results, very much like television ratings that tell the networks how many people tuned in to a program. We only use such data in the aggregate. This aggregate data helps us determine how much our visitors use parts of the website(s), so we can improve our website(s) to assure that they are as appealing as we can make them for as many of you as possible. SoBiz may use a technology called "cookies" that tells us how and when pages in our website(s) are visited, and by how many people. These cookies do not collect personally identifiable information and we do not combine information collected through these cookies with other personally identifiable information to tell us who you are or even what your screen name or e-mail address is.
11.2. By SoBiz: SoBiz reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and SoBiz Service, or modify these TCU without advance notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and SoBiz Service, and if applicable, cancel your SoBiz account. By continuing to access or use the Site and SoBiz Service after SoBiz makes any such revision, you agree to be bound by the revised TCU.
11.4. After any termination by you or SoBiz: You understand and acknowledge that we will have no further obligation to provide the SoBiz Service. Upon termination, all licenses and other rights granted to you by these TCU will immediately cease. SoBiz is not liable to you or any third party for termination of the SoBiz Service or termination of your use of the SoBiz Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, SoBiz will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
11.5. Any suspension, termination or cancellation will not affect your obligations to SoBiz under these TCU (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
12.1. You agree to defend, indemnify, and hold SoBiz, its officers, directors, employees, service providers, suppliers, affiliates, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your (or any other User of your account) access of the Site, SoBiz Service, SoBiz Materials and User Content; (ii) your violation of these TCU; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Content caused damage to a third party, including without limitation claims that your User Content are infringing.
13. DISCLAIMER OF WARRANTIES
13.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
13.1.1. YOUR USE OF THE SOBIZ SERVICE, SITE, SOBIZ MATERIALS AND USER CONTENT IS AT YOUR SOLE RISK. THE SOBIZ SERVICE, SITE, SOBIZ MATERIALS AND USER CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOBIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOBIZ SERVICE, SITE, SOBIZ MATERIALS AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.1.2. SOBIZ MAKES NO WARRANTY THAT (i) THE SITE OR SOBIZ SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND SOBIZ SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SOBIZ SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SOBIZ SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE SITE OR SOBIZ SERVICE WILL BE CORRECTED.
13.1.3. ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE SOBIZ SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
13.1.5. SoBiz reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SoBiz.
14. LIMITATION OF LIABILITY
14.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SOBIZ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS (EVEN IF SOBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOBIZ SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SOBIZ CUMULATIVE LIABILITY TO YOU EXCEED $100.
14.2. If you are dissatisfied with any SoBiz content, or with any of SoBiz TCU, your sole and exclusive remedy shall be to discontinue using the SoBiz Websites.
15. EXCLUSIONS AND LIMITATIONS
15.1. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
16.1. Notices to you may be made via either email or regular mail. The date of receipt will be deemed the date on which such notice is transmitted. The Service may also provide notices of changes to the TCU or other matters by displaying notices or links to notices to you generally on the SoBiz Service.
17. APPLICABLE LAW
18. VIOLATIONS AND COMMENTS
19. PROPRIETARY INFORMATION
19.1. Information contained in this website and other SoBiz Websites is proprietary to SoBiz Network, Inc. and its data suppliers, and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sub-license, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other User in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the computer used to access this information.
19.2. All documents and materials contained in SoBiz Websites may contain other proprietary notices or describe products, services, processes or technologies owned by SoBiz and/or third parties. Nothing contained herein shall be construed as granting to the User a license under any copyright, trademark, patent or other intellectual property right of SoBiz and/or any third party. Neither SoBiz nor any affiliate or subsidiary thereof will be responsible for any third party material.
20. MODIFICATION OF AGREEMENT
20.1. We reserve the right, at any time and at our sole discretion, to change, modify or alter these TCU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these TCU on a regular basis to keep yourself apprised of any changes.
20.2. You are responsible for regularly reviewing these TCU and additional terms posted on SoBiz Websites. Your continued use of the SoBiz Websites and services constitutes your agreement to all such terms, conditions, and notices.
21. MODIFICATION OF WEBSITE
21.1. We reserve the right, at any time and at our sole discretion, to change, modify, alter or discontinue, temporarily or permanently, the SoBiz Websites (or any part thereof) with or without notice. You the User agree that SoBiz shall not be liable to you or to any third party for any modification, suspension or discontinuance of SoBiz Websites.
22. SPECIAL ADVERTISER PROVISIONS
22.1. Advertiser Account. If a particular SoBiz Website, or any product or service offered on any SoBiz Website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will be required to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SoBiz immediately of any unauthorized use of your account or any other breach of security. SoBiz will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SoBiz or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
23. SOFTWARE AND CONTENT
23.1. All Content and software (if any) that is made available to view and/or download in connection with SoBiz Websites, Profile Pages, Featured Business Displays, Business Displays, Placements, Complimentary Spots, and/or SoBiz Player ("Software"), excluding content and/or software that may be made available by end-Users through a communication service, is owned by and is the copyrighted work of SoBiz and/or its suppliers and is protected by copyright laws and international treaty provisions.
23.2. For any Software not accompanied by a license agreement, SoBiz hereby grants to you, the User, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular SoBiz Websites in accordance with these TCU, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
23.3. The Website is controlled and offered by SoBiz from its facilities in the United States of America. SoBiz makes no representations that the SoBiz Website is appropriate or available for use in other locations. Those who access or use the SoBiz Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
24.UNLAWFUL TRADE PRACTICES
24.1. No Advertiser with one or more Profile Pages, Featured Business Displays, Business Displays, Placements, Complimentary Spots on SoBizNetwork.com shall engage in any deceptive or unlawful trade practice. A deceptive or unlawful trade practice is one which has been defined as such by any international, federal, state, provincial, or local law or regulation. No Advertiser may operate any illegal or unlawful business enterprise, engage or participate in any illegal or unlawful business activity or be convicted of any illegal or unlawful activity. An illegal or unlawful enterprise or activity is one which is prohibited by federal, provincial, state, or local law or regulation.
25. UNLAWFUL USE PROHIBITED
25.1. As a condition of your use of this website or any other SoBiz Websites, you agree not to use SoBiz Websites or services for any purpose that is unlawful or prohibited by these TCU, including any notices. You agree not to use this website or any SoBiz Websites, Advertisers' Pages, Featured Placements, Business Displays, and/or SoBiz Player, in any manner that could damage, disable, overburden, or impair any SoBiz Websites or interfere with any other party's use and enjoyment of any SoBiz Website. You agree not to attempt to gain unauthorized access to any SoBiz Website or service, other accounts, computer systems or networks connected to any SoBiz Website or service, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through this website or any other SoBiz Website.
26. UPLOADING VIDEOS
26.1. SoBiz reserves the right to decide whether Content of an Advertiser's update is appropriate and complies with these TCU for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SoBiz may remove such Advertiser update(s) and/or terminate an Advertiser's access for uploading such material in violation of these TCU at any time, without prior notice, at its sole discretion, and, without recourse.
27. PROPRIETARY RIGHTS
27.1. SoBiz Proprietary Rights: You acknowledge and agree that the SoBiz Websites and any necessary software used in connection with the SoBiz Websites ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in Advertiser Pages, Featured Business Displays, Business Displays, Placements, Complimentary Spots or information presented to you through the SoBiz Websites or by Advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized in writing by SoBiz or Advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works.
28. SPECIAL PROMOTIONAL EVENTS & CONTEST PROVISIONS
28.1. Monthly Cash and Prizes
28.1.1. As a benefit to all community members and business advertisers SoBiz offers Give-A-Ways and contests that include cash and prizes. These programs vary event to event and are defined within the promotional events tab in your console. To be eligible for any of these Give-A-Way programs you must have an active SoBiz Network Membership (Business or Personal) and have followed the rules of the specific promotion.
28.1.2. OFFICIAL INFORMATION:
> No Purchase is necessary to enter these Give-A-Ways
> These Give-A-Ways start and stop as designated in the event rule
> You must be at least 13 to be eligible
> This promotion is only valid in the United States of America. Void where prohibited