| Terms and Conditions of Use
Revision v1.0 5th November, 2007
General
Billion7 is a Global Networking Hub that allows you to consolidate all your Social Networking links
and information under one easy to use umbrella, whist at the same time allowing you to share such
social Networking links and information with other billion7 users. The billion7 service (“billion7”)
is operated by billion7 inc. and its corporate affiliates (collectively, "us", "we" or "the
Company"). By accessing or using the billion7 web site at www.billion7.com or by posting any link or
Button on any of your sites connecting you to billion7, you (the "User") signify that you have read,
and entered into a legally binding understanding and agree to be bound by these Terms and Conditions
of Use ("Terms and Conditions"), whether or not you are a registered member of billion7. We reserve
the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and
Conditions at any time without further notice. If we do we will post the changes to these Terms and
Conditions on this page and will indicate at the top of the page the date these terms were last
revised. Your continued use of the billion7 after any such changes constitutes your acceptance of
the new Terms and Conditions. If you do not agree to be bound by these or any future Terms and
Conditions, do not use or access (or continue to use or access) billion7. It is your responsibility
to regularly check the Site to determine if there have been changes to these Terms and Conditions
and to review such changes.
Eligibility
Membership of the Service and of this site is intended solely for users who are thirteen (13)
years of age or older, and you represent and warrant that you are 13 years of age or older and that
your use of billion7 shall not violate any applicable law or regulation and that you agree to abide
by all of the terms and conditions of this Agreement.. Your profile may be deleted without warning,
if it is found that you are misrepresenting your age.
Account Registration Data Security
In consideration of your use of the Site, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any
registration forms on the Site ("Registration Data");
(b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to
Company, to keep it accurate, current and complete; and
(d) be fully responsible for all use of your account and for any actions that take place using
your account.
Site Content Proprietary Rights; Limited License
All content on the Site and available through the Service, including but not limited to 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, its users or its licensors with all rights reserved. No Site Content may be modified,
copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part, without the Company's prior written
permission, except that the foregoing does not apply to your own User Content (as defined below)
that you legally post on the Site. Provided that you are eligible for use of the Site, you are
granted a limited license to access and use the Site and the Site Content and to download or print a
copy of any portion of the Site Content to which you have properly gained access solely for your
personal, non-commercial use, provided that you keep all copyright or other proprietary notices
intact. Except for your own User Content, you may not upload or republish Site Content on any
Internet, Intranet or Extranet site or incorporate the information in any other database or
compilation, and any other use of the Site Content is strictly prohibited. Such license is subject
to these Terms and Conditions and does not include use of any data mining, robots or similar data
gathering or extraction methods. Any use of the Site or the Site Content other than as specifically
authorized herein, without the prior written permission of the Company, is strictly prohibited and
will terminate the license granted herein. Such unauthorized use may also violate applicable laws
including without limitation copyright and trademark laws and applicable communications regulations
and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be
construed as conferring any license to intellectual property rights, whether by estoppel,
implication or otherwise. This license is revocable at any time without notice and with or without
cause.
Trademarks
billion7, billion7.com, billion7.co.uk, billion7.us, billionseven.com, billionseven.co.uk and other
Company graphics, logos, designs, page headers, button icons, scripts and service names are
registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries.
The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as
part of domain names, in connection with any product or service in any manner that is likely to
cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company.
User Conduct
As an online service provider, we are not responsible for the conduct of our users; and we want
billion7 to be a safe and enjoyable experience on the internet. Therefore, in using billion7, you
represent, warrant and agree that no materials of any kind submitted through your account or
otherwise posted, transmitted, linked to or shared by you on or through the Service will violate or
infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or
other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
-
harvest or collect email addresses or other contact information of other users from the Service or
the Site by electronic or other means for the purposes of sending unsolicited emails or other
unsolicited communications;
- use the Service 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;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any content or videos that infringe any 3rd party copyright.
- register for a User account on behalf of an individual other than yourself
- register for a User account for a company that is not wholy owned by you,
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
User Content
You are solely responsible for the photos, profiles, messages, notes, text, information, music,
video, advertisements, listings, and other content and links that you publish or display
(hereinafter, "post") on or through the Service or the Site, or transmit to or share with other
users (collectively the "User Content"). You may not post, transmit, or share User Content on the
Site or Service that you did not create or that you do not have permission to post. You understand
and agree that the Company may, but is not obligated to, review the Site and may delete or remove
(without notice) any Site Content or User Content in its sole discretion, for any reason or no
reason, including without limitation User Content that in the sole judgment of the Company violates
this Agreement or which billion7 might deem to be illegal, or that might violate the rights, harm,
or threaten the safety of users or others. You are solely responsible at your sole cost and expense
for creating backup copies and replacing any User Content you post or store on the Site or provide
to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
Copyright
We respect the intellectual property rights of others and we prohibit users from uploading, posting
or otherwise transmitting on the billion7 website or service any materials that violate another
party's intellectual property rights. When we receive proper Notification of Alleged Copyright
Infringement we promptly remove or disable access to the allegedly infringing material and terminate
the accounts of repeatedinfringers as described herein in accordance with the Digital Millenium
Copyright Act. If you believe that any material on the Site infringes upon any copyright which you
own or control, you must initially send a written notification of such infringement to billion7 at
our operating address which can be found.
Repeat Infringment Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the
Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole
discretion, members and users who are deemed to be repeat infringers. The Company may also at its
sole discretion limit access to the Site and/or terminate the memberships of any users who infringe
any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites
("Third Party Sites") which may include articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Applications, Software, Content"). Such Third Party
Sites and Third Party Applications, Software, Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party
Sites accessed through the Site or any Third Party Applications, Software, Content posted on,
available through or installed from the Site, including without limitation the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or contained in the
Third Party Sites or the Third Party Applications, Software, Content. Inclusion of, linking to or
permitting the use or installation of any Third Party Site or any Third Party Applications,
Software, Content does not imply approval or endorsement thereof by us. If you decide to leave the
Site and access the Third Party Sites or to use or install any Third Party Applications, Software,
Content, you do so at your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Site or relating to any applications you use
or install from the site.
Third Party Links
The Company offers a feature whereby users of the Site can share with others or post to their own
member profile, videos, articles and other Third Party Applications, Software, Content from, and/or
links to, Third Party Sites through the Service (the "Third Party Links"). You acknowledge and agree
that your use of the Third Party Links and all links, User Content or Third Party Applications,
Software, Content shared through the Third Part Links is subject to, and will fully comply with the
user conduct rules set forth above and the other terms and conditions set forth in these Terms and
Conditions.
User Disputes
You are solely responsible for your interactions with other Billion7 users.
We reserve the right, but have no obligation, to monitor disputes between you
and other users.
Privacy
The privacy of our users is very important to us. Click here to view the Billion7's Privacy
Policy. By using the Site or the Service, you are consenting to have your personal data transferred
to and processed in the United States.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party
Applications, Software, Content posted on the Site or in connection with the Service, whether posted
or caused by users of the Site, by Billion7, by third parties or by any of the equipment or
programming associated with or utilized in the Site or the Service. Although we provide rules for
user conduct and postings, we do not control and are not responsible for what users post, transmit
or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or
otherwise objectionable content you may encounter on the Site or in connection with any User Content
or Third Party Applications, Software, Content. The Company is not responsible for the conduct,
whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or
other reasons. The Company assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, User communications. The Company is not
responsible for any technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment, software, failure of
email or players on account of technical problems or traffic congestion on the Internet or at any
Site or combination thereof, including injury or damage to User's or to any other person's computer,
mobile phone, or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service, including without
limitation any Mobile Client software. Under no circumstances will the Company be responsible for
any loss or damage, including any loss or damage to any User Content or personal injury or death,
resulting from anyone's use of the Site or the Service, any User Content or Third Party
Applications, Software, Content posted on or through the Site or the Service or transmitted to
Users, or any interactions between users of the Site, whether online or offline.
The site, the service, and any platform applications and the site content are provided “as-is”
and the Company disclaims any and all representations and warranties, whether expressed or implied,
including without limitation implied warranties of title, merchantability, fitness for a particular
purpose or non-infringement. The Company cannot guarantee and does not promise any specific results
from use of the site and/or the service. The Company does not represent or warrant that any
software, content or materials on the site, the service are accurate, complete, reliable, current or
error free or that the site or service, its servers, are free of viruses or other harmful
components. Therefore , you should exercise caution in the use and downloading of any such software,
content or materials and to use industry recognized software to detect and disinfect viruses.
Without limiting the foregoing, you understand and agree that you download or otherwise obtain
content, material, data or software from or through the serivce and any platform applications at
your own discretion and risk, and that you will be solely responsible for your use thereof and any
damages to your mobile device or computer system, loss of data or other harm of any kind that may
result.
The Company reserves the right to change any and all content, software and other items used or
contained in the Site and any Services offered through 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, or any affiliation therewith, by Company.
Liability Limitation
In no event will the Company or its directors, employees or agents be liable to you or any third
person or party for any indirect, consequential, exemplary, incidental, special or punitive damages,
including for any lost profits or lost data arising from your use of the site or the service, or any
of the site content or other materials on, accessed through or downloaded from the site, evenif the
company is aware or has been advised of the possibility of such damages. Notwithstanding anything to
the contrary contained herein, the company’s liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the amount paid, if any, by
you to the Company for the service during the term on membership, but in no cause will the company’s
liability to you exceed $1000. You acknowledge that if no fees are paid to the Company for the
service, you shall be limited to injuctive relief only, unless otherwise permitted by law, and shall
not be entitled to damages of any kind from the Company, regardless of the cause of action.
Certain state and other laws do not allow limitations on implied warrenties or the exclusion or
limitation of certain damages. If these laws apply to you, some or all of the above disclaimers,
exclusions or limitations may not apply to you, and you may have additional rights.
Termination
The Company may terminate your membership, delete your profile and any content or information
that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site
(or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any
time in its sole discretion, with or without notice, including without limitation if it believes
that you are under 13, or under 18 and not in Full time or college education. When we are notified
that a user has died, we will generally, but are not obligated to, keep the user's account active
under a special memorialized status for a period of time determined by us to allow other users to
post and view memorial comments.
Governing Law
By visiting or using the Site and/or the Service, you agree that the laws of the State of
Delaware, without regard to principles of conflict of laws, will govern these Terms and Conditions
and any dispute of any sort that might arise between you and the Company or any of our affiliates.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree
not to commence or prosecute any action in connection therewith other than in the state and federal
courts of California, and you hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and
federal courts of California.
Arbitration
You and the Company agree that, except as may otherwise be provided in regard to specific
services on the site and any specific terms applicable to those services, the sole and exclusive
forum and remedy for any and all disputes and claims relaiting in any way to or arising out of these
terms and conditions, the site and/or the service (including your visit or use of the site and/or
service) shall be binding in arbitration, except that: (a) to the extent that either of us has in
any manner infringed upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user
conduct rules set forth above then the parties acknowledge that arbitration is not an adequate
remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or
claims relating to any transactions you enter into with a third party through the Billion7
Marketplace may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the
"AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's
Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the
"AAA Rules"). The location of the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules and shall be subject to the
limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are
determined to be excessive in a consumer dispute, the Company will be responsible for paying all
arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The
arbitrator's award shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law, No arbitration or claim under these terms and
conditions shall be joined to any other arbitration or claim, including any arbitration or claim
involving any other current or former user or the service, and no class arbitration proceedings
shall be permitted. In no event shall any claim, action or proceeding by you related in any way to
the Site and/or the Service (including your visit to or use of the Site and/or the Service) be
instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from and against any
loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees,
arising out of or in connection with any User Content, any Third Party Applications, Software,
Content you post or share on or through the Site your use of the Service or the Site, your conduct
in connection with the Service or the Site or with other users of the Service or the Site, or any
violation of this Agreement or of any law or the rights of any third party.
Submissions
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 The Company are
non-confidential and shall become the sole property of the Company. The 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.
Other
These Terms and Conditions constitute the entire agreement between you and The Company regarding
the use of the Site and/or the Service, superseding any prior agreements between you and The Company
relating to your use of the Site or the Service. The failure of the Company to exercise or enforce
any right or provision of these Terms and Conditions shall not constitute a waiver of such right or
provision in that or any other instance. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect. If any provision of these Terms
and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and Conditions and shall not affect the validity and
enforceability of any remaining provisions. | |