thebizmo - Terms and Conditions

UGC - Terms & Conditions

Terms Of Use

Welcome to the bizmo service ("bizmo"). bizmo is published and maintained by UGC Ltd ("UGC"). your access to and use of bizmo is subject to these terms of use ("Terms of Use") which set forth the terms under which UGC offers you access to the content and services of bizmo. This is a legal agreement. Please read this agreement carefully before using the site. By using the site, and for other good and valuable considerations, the receipt and sufficiency of which you acknowledge, you agree to be bound by these terms of use. If you do not agree with the terms of use, do not use this service. You may use the site if you are at least 13 years of age. However, if you are under the age of eighteen (18) or not able to enter into legal agreements under applicable law, you must have a parent or legal guardian carefully read and agree to these terms of use on your behalf.

Use Of Service

Service. You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time. The Service is for your personal use. You understand and agree that you may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads and the Subscriptions. You agree to advise bizmo promptly of any such unauthorized use(s) or attempt(s).

Content/Activity Prohibited.

The following is a partial list of the kind of content that is illegal or prohibited to post on or through the bizmo service. UGC reserves the right to investigate and take appropriate legal action against anyone who, in UGC's sole discretion, violates this provision, including without limitation, removing the offending communication from the UGC services and terminating the Membership of such violators. Bizmo will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Termination includes non payment of any funds member in breach of agreement may have accumulated. Prohibited content may include, but is not limited to content that, in the sole discretion of UGC

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
harasses or advocates harassment of another person.
exploits people in a sexual or violent manner.
contains violence, or offensive subject matter.
solicits personal information from anyone under 18.
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating some onenulls privacy, or providing or creating computer viruses.
includes a photograph of another person that you have posted without that person's consent. The following is a partial list of the kind of activity that is illegal or prohibited on the bizmo application and through your use of the bizmo services.

UGC reserves the right to investigate and take appropriate legal action against anyone who, in UGC's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
It is a violation of these rules to use any information obtained from the bizmo services in order to contact, advertise to, solicit, or sell to any member non bizmo content without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the bizmo services, you acknowledge that you will have caused substantial harm to UGC, but that the amount of such harm would be extremely difficult to ascertain.
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the bizmo services or the networks or services connected to the bizmo services
attempting to impersonate another member or person
using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account
using any information obtained from the bizmo services in order to harass, abuse, or harm another person
using the bizmo services in a manner inconsistent with any and all applicable laws and regulations.

Content and Intellectual Property Rights

(a) Content. You shall be solely responsible for determining the content offered through bizmo, and shall provide UGC with such content, in a form acceptable to UGC. Further, you agree that no content shall contain obscene material of any kind. You shall also be solely responsible for procuring any and all necessary rights to offer, sell, and deliver the content through bizmo, for paying any and all mechanical and/or other royalties that may be payable in connection with such rights, and for informing customers of the type and nature of the content offered by you.

(b) Content Prices. The retail price of the Content shall be determined by you within the price category structure provided to you in the bizmo service. This structure is subject to change and may contain slight regional variations. (See revenue share and payment of revenues).

(c) Removal of Content. You understand and agree that while UGC shall not monitor or censor the content on bizmo, UGC shall have the unfettered ability at its discretion to remove any content, including, but not limited to obscene content, and any content on the UGC server at any time, related to a legal demand or otherwise.

For clarity, you retain all of your ownership rights to your content and complete rights to delete or unpublish your works at any time. However, by submitting the content to bizmo, you grant UGC a worldwide, non-exclusive, royalty-free license to use, distribute and display the content in connection with the bizmo service and UGC`s business in any media formats and through any media channels. You also hereby grant each user of the bizmo service a non-exclusive license to access your content through the service, and to within the bizmo service to display content as permitted through the functionality of the bizmo service and under the terms laid out in this agreement.

The foregoing license granted by you terminates once you remove or delete a content item from the bizmo service. In connection with your content, you further agree that you will not:

(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant UGC all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage UGC or any third party. UGC does not endorse any content or any opinion, recommendation, or advice expressed therein, and UGC expressly disclaims any and all liability in connection with User generated content.

(d) UGC takes no responsibility for storage of uploaded media. You are advised to retain a copy of all uploaded media for backup purposes.

Copyright Indemnification

You agree to indemnify, defend and hold harmless UGC, its affiliates, customers, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisers (collectively the "UGC Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and/or actions of any kind with respect to the Service infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind. Interference and Unauthorized Access.

You agree that you will not:

(a) attempt to circumvent user authentication or the security of any bizmo account;

(b) use any robot, spider, other automatic device, or manual process to monitor or copy UGC's web pages or the content contained in them;

(d) take any action that imposes an unreasonable or disproportionately large load on UGC's infrastructure, including without limitation "denial of service attacks." If you in any way violate any system or interfere with network security you may incur criminal or civil liability. MPO will cooperate fully with investigations of violations of systems or network security at other services, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Revenue Share and Payment Of Revenues

The money earned by you as a bizmo content vendor may vary slightly based on country of purchase, time of payment, currency variations, PayPal and mobile phone company rates and ability to bill their customers. You may at any time request transfer of funds from your bizmo account to your specified PayPal account using the tools provided to you by bizmo. Any transfer fees from Paypal will be deducted from the transferred amount. UGC reserves the right to withhold any revenues accrued by a content vendor in case of breach of any of the terms laid out in this document. Royalties and Tax
We determine the money we pay you as an artist to be royalties from sales. This means it is your responsibility to report these earnings to your countries tax authorities, and pay any and all applicable taxes on said earnings. UGC will deliver earnings reports any local tax authorities on request.

Termination, Cancellation and Changes

UGC Ltd may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you in the event that you breach (or UGC Ltd reasonably suspects that you have breached) any provision of this Agreement. If UGC Ltd terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and UGC Ltd will not refund any portion of your fees. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with UGC Ltd. This includes, but is not limited to, any dispute related to or arising out of:

(1) any term of this Agreement or UGC Ltd's enforcement or application of the same

(2) any policy or practice of UGC Ltd, including its Privacy Policy, or UGC Ltd's enforcement or application of these policies

(3) the Downloads or the Subscriptions

(4) your use of and/or ability to access and use the Service; and

(5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your account by delivering notice to UGC Ltd at support@thebizmo.com. Except with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, UGC Ltd will not refund any fees.

Disclaimers

You understand and agree that your use of the Service and the Downloads is at your own sole risk. The service and the downloads are provided "as is" and without warranty by UGC ltd or its agents, employees, parents, subsidiaries, affiliates, licensees, business partners and/or suppliers, as applicable, and, to the maximum extent allowed by applicable law, UGC ltd and the UGC ltd entities, as applicable, expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non infringement. There is no warranty that the service, the downloads or the subscriptions will meet your requirements, or that your access to the same will be uninterrupted or error-free. UGC ltd and/or the UGC ltd entities, as applicable, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the service, the downloads or the subscriptions with respect to performance, accuracy, reliability, security capability, currentness or otherwise. You will not hold UGC ltd and/or the UGC ltd entities, as applicable, responsible for any damages that result from you accessing the service or using the service, the downloads and/or the subscriptions including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer downloads that may result from that use. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to UGC ltd and/or the UGC ltd entities as applicable. Under no circumstances shall UGC ltd and/or the UGC ltd entities as applicable, be liable for any unauthorized use of the service, the downloads and/or the subscriptions. Under no circumstances shall UGC ltd and/or the UGC ltd entities as applicable, be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the service and/or the downloads, even if UGC ltd and/or the UGC ltd entities as applicable, have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, UGC ltd and/or the UGC ltd entities as applicable, shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed.