BizTimes.com, including its associated news products, such as news alerts and newsletters, and all information, data, images, specifications, reviews, news, videos and other content is an information and news service (collectively referred to as the “Service”) from BizTimes Media, LLC.
By using the Service, you agree to be bound by all of the terms in this Terms and Conditions of Use Agreement (the “Agreement”). If you do not fully agree with this Agreement, do not use the Service. Your failure to follow this Agreement may result in termination of your access to the Service, without notice and in addition to any other remedies available to BizTimes Media.
BizTimes Media may change the terms in this Agreement at any time. When the terms are changed, BizTimes Media will notify you by posting a notice on the Service, and the changes will appear in this document. By using the Service after any change in the Agreement is posted, you agree to be bound by all of the changes as well.
COPYRIGHT AND LIMITATIONS ON USE
The information available through the Service is the property of BizTimes Media and others and is protected by copyright and other intellectual property laws. Information received through the Service may be displayed, reformatted and printed for your personal, noncommercial use only, provided you abide by this Agreement.
Without the prior written consent of BizTimes Media, you agree not to:
Store, post, create a database from or otherwise archive the articles, data, information, images, works or other materials from the Service (the “Content”) on a personal computer, local or wide area networks, online services, electronic bulletin boards or forums, Internet sites or any other server that is Internet-enabled. Links to BizTimes.com content on third-party websites are allowed, providing there is no intent to monetize or otherwise profit from said content or in any way represent it as originating from anywhere but BizTimes.com;
Reproduce, retransmit, distribute, publicly display, publish, post to newsgroups or electronic bulletin boards, or broadcast the Content received through the Service to anyone, including to others in the same company or organization without full source citation;
Sell or remarket the Content;
Use any Content in competition with the Service (whether or not such use would constitute a fair use under 17 U.S.C. § 107 or is substantially similar to the Content), including without limitation by using such Content as a principal source of a work distributed or displayed in connection with a commercial print- or web-based information source;
Create abstracts from, scrape or display headlines from the Service for use on another web site or service; or
Frame, or use other means of redirecting, the Service Content.
Additionally, you agree to pay and authorize BizTimes Media to assess you licensing fees at BizTimes Media’s standard reprint pricing for your use of the Content in violation of the Copyright and Limitations of Use restrictions above.
DISCLAIMER OF WARRANTIES AND LIABILITY
Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and the Service. The Service may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. BizTimes Media does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions or recommendations.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS”. BIZTIMES MEDIA AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH THE SERVICE. NEITHER BIZTIMES MEDIA, NOR ANY OF ITS AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY NEWS AND INFORMATION THROUGH THE SERVICE.
IN NO EVENT WILL BIZTIMES MEDIA, ITS AGENTS OR LICENCORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF BIZTIMES MEDIA, ITS AGENTS AND LICENCORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE SHALL NOT EXCEED THE AMOUNT, IF ANY,THAT YOU PAID TO BIZTIMES MEDIA FOR USE OF THE SERVICE.
USER-PROVIDED CONTENT AND LICENSE
By posting or submitting comments, reviews, ideas, photography or other content on the Service, you represent and warrant that you own or otherwise have sufficient rights to the content that you provide, that the content is accurate, that it does not violate this Agreement or any applicable law, and that it will not violate the rights of any person or entity. You further grant us a non-exclusive, perpetual, irrevocable license and right to use any of your user-provided content for any purpose. This grant of rights and license applies to use of your name, photo, likeness, voice, and other personal information, if included in the user-provided content and allows BizTimes Media to display, distribute, reproduce, modify, translate, edit, and create derivative works from the user-provided content throughout the world for any purpose and in any media (including for advertising, marketing or other commercial purposes).
BizTimes Media reserves the right to delete or edit any of your comments or content at any time, for any reason, but has no obligation to review or remove any such comments or content. We further reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
You agree to not post material that:
· contains vulgar, profane, abusive or hateful language, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
· is defamatory, threatening, false, misleading, fraudulent, unfair, contains gross exaggeration or unsubstantiated claims, or violates the privacy rights of any third party;
· violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
· unfairly interferes with the uninterrupted use and enjoyment of the Service;
· advertises or offers to trade any goods or services, except in areas specifically designated for such purpose;
· includes copyrighted or other proprietary material of any kind without the express permission of the owner of that material; or
· contains or transmits viruses or other harmful, disruptive or destructive files.
Through your use of the Service, you may be provided with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors of the Service. BizTimes Media has no control over those sites and resources, or over the advertising material presented by third-party advertisers and sponsors through the Service. You agree that BizTimes Media will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Wisconsin governing contracts wholly entered into and wholly performed within Wisconsin and any action to enforce this Agreement or in any manner related to the Service shall be brought exclusively in the federal or state courts located in Milwaukee, Wisconsin, and you agree to submit to the jurisdiction of such courts.
You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney’s fees) arising from or relating to your breach.
If you believe that your work has been copied and is accessible through the Service in a way that constitutes copyright infringement, or that the Service contains a link or other reference to another online location that contains materials or activity that infringes on your copyright rights, you may notify BizTimes Media, LLC by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 to the following address:
BizTimes Media, LLC
Attn: Legal Department
126 N. Jefferson Street, Suite 403
Milwaukee, WI 53202-6120
Phone Number 414-277-8181