Business Media Group offers a variety of products (“Products“) that each include different features. If you subscribe to, are given access to, or purchase for resale a Product described below, in addition to your agreement with Business Media Group and any and all Subscription Schedule(s) and Statement(s) of Work or similar ordering document(s) (collectively, the “Master Agreement“), the associated terms herein apply to your access and use of such Products. Capitalized terms used in these Product Terms and not otherwise defined have the meanings given to such terms in the Master Agreement. “You" and “your" will refer to you and will also refer to the Client or Partner (or similar term referring to the legal entity subscribing or being given access to Products) as defined in the relevant Master Agreement. In the event of a conflict between these Product Terms and the Master Agreement, unless otherwise specified herein, the terms of the Master Agreement will control.
3. USING THE SITE
C.) Reputation Score. In order to receive your Reputation Score, you will need to provide certain information about your business. You agree to provide accurate, current and complete information about your business as may be prompted by any form on the Site.
E.) Communications from Company, Businesses and other Users. By using, accessing and/or registering for the Site, you agree and consent to receive certain communications in connection with the Site and the Services.
4. OWNERSHIP IN SITE CONTENT
All content on the Site and available through the Services, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the «Site Content»), are the proprietary property of the Company or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. Company also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
5. USER CONDUCT
You agree not to, and will not assist, encourage, or enable others to, use the Site or Services to:
Copy, modify, adapt, translate, or reverse engineer any portion of the Site, the Site Content and/or the Services; Remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any Site Content; Harvest or collect email addresses or other contact information of other users from the Services or the Site by electronic or other means; Use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; Use automated scripts to collect information from or otherwise interact with the Service or the Site; Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity (including the Company); Solicit passwords or personally identifying information for commercial or unlawful purposes from anyone; intimidate or harass another; and/or Violate any applicable law.
6. USER CONTENT
The Site includes areas in which users may post content and information, including, without limitation, ratings and reviews, messages, comments, data, text, photos, graphics or other materials (the «User Content») and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site. You are solely responsible for your use of the Site and your use is at your own risk. By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
User Content that is false, misleading, unlawful, libelous, defamatory, infringing, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, hateful, or otherwise objectionable, including, without limitation, any recommendation, endorsement, rating, or review of a business with whom you have not had a direct, personal experience;
You grant Company and its partners and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully assignable, transferable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User Content throughout the world in any media whether now know or hereinafter created. You also grant Company and its partners, affiliates, assignees and sublicensees the right to use the name that you submit in connection with such User Content.
7. LINKS TO THIRD PARTIES
This Site may contain links to other websites for the convenience of Company’s users. These other sites have not been reviewed by the Company and are maintained by third parties over which the Company exercises no control. The Company expressly disclaims any responsibility for the content, policies and practices of these other websites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other websites. These links do not imply, directly or indirectly, Company’s endorsement of or affiliation with any other website or website owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that the Company’s terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked website.
8. SERVICES AGREEMENT
10. DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SITE CONTENT, IS PROVIDED ON AN «AS IS», «AS AVAILABLE» AND «WITH ALL FAULTS» BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND THE COMPANY RELATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SITE CONTENT; © THE USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICE. THE COMPANY AND THE COMPANY RELATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE COMPANY AND THE COMPANY RELATED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
11. GENERAL LIMITATION OF LIABILITY
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service («Submissions») provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. ELECTRONIC CONTRACTING AND NOTICES
14. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Company’s copyright agent, as set forth in the Digital Millennium Copyright Act (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work that you claim is being infringed; (iii) Identification of the material that is claimed to be infringing and where it is located on the Site; (iv) Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
17. CHOICE OF LAW; VENUE; CLASS ACTION WAIVER
18. ENTIRE AGREEMENT
You agree that you shall be regarded as the data controller of the personal data of: (i) your employees to the extent such information is provided for publication (or in the case of an agency or reseller, your clients will be regarded as the data controller of the personal data of their employees) and (ii) your customers (or in the case of an agency or reseller, your clients will be regarded as the data controller of the personal data of their customers) which may be provided to Business Media Group in connection with Reviews features. When providing the relevant Reviews features, Business Media Group will act as a data processor in accordance with the Applicable Laws. This entails that Business Media Group must only act on instructions from the data controller, including as set out in the Master Agreement, as it relates to the end customers’ personal data with the exclusive aim of performing the data controller’s obligations on its behalf. Business Media Group will not communicate this personal data to any third parties without the relevant data controller’s consent. Where you are an agency or reseller, you will ensure that your agreement with your clients contains the appropriate provisions to permit you to process their personal data on their behalf as data processor and to ensure that they have the appropriate consent to subcontract the processing of the personal data to Business Media Group and other sub-processors. In addition, you agree that Business Media Group’s Data Processing Agreement. which is available at shall form part of the Master Agreement.
All applicable laws, rules or regulations including, but not limited to, 15 U.S.C. §§ 7701-7713 (the CAN-SPAM Act), 47 U.S.C. 227 (the Telephone Consumer Protection Act), Canada’s An Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Activities that Discourage Reliance on Electronic Means of Carrying out Commercial Activities, and to Amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, SC 2010, c 23 (CASL), Data Protection Directive 95/46/EC, Privacy and Electronic Communications Directive 2002/58/EC and all national laws implementing such Directives and any and all relevant data privacy laws, rules, regulations, codes of practice and best practices (as may be amended, re-enacted or replaced from time to time including by the EU General Data Protection Regulation 2016/679 (“GDPR")) (collectively, “Applicable Laws").