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Terms of
Service
By signing up for any/or
otherwise accessing any of the Bryzo services or websites, you agree to be
bound by the Terms of this Agreement. These terms and conditions
supersede all earlier version and require mandatory arbitration of disputes. Please read these
terms and conditions carefully, as they describe your legal rights and
obligations. This agreement shall become effective as of the date of
the activation of your account or the date of your electronic signature or
acceptance of this agreement, which ever comes first. You must be a
resident of one of the 50 States of the United States of America to use
Bryzo. We may assign this contract
at any time without notice to you. You may not assign this contract to any
one else.
Changes to these Terms of
Service
These Terms of Service govern
your relationship with Bryzo. We may change these Terms of Service at any time,
without notice. We will attempt to provide at least thirty (30) days
notice before any material changes take effect, however we are not obligated
to do so. You should constantly check the Terms of Service to ensure that
they are up-to-date. If you disagree with the changes to these Terms
of Service, simply contact Bryzo to discontinue your use of the services if
you are notified of the charge or when you read the new Terms of Service.
Registration
Note: During the Closed
Beta we will be randomly selecting users to test out our service.
We will open a Bryzo account for you when you complete your registration,
providing accurate information about yourself and pass our validation test(s).
We require that each user provide Bryzo with certain information when
registering for an account, which will be kept confidential in accordance
with our strict
Privacy
Policy. You must
provide complete and accurate information about yourself and also must be
legally competent to enter into contracts. You must keep this information
up-to-date. You will select (or we may assign to you) a username
during registration that will be identified with your account. You will also
be able to select a password to access your username. Your username and
password are your credentials that give you access to the Bryzo services.
You may not have a username that is vulgar, attempts to impersonate another
person or violates the rights of others. We also may reject any username
that we determine in our discretion is unacceptable for use on Bryzo.
We request a cellular phone number from each user
during registration to ensure that they only hold one (1) account at Bryzo
and to ensure that they are a legit individual. Bryzo may call or send
a SMS message to the cellular phone number provided to validate the user
before creating the account. By registering, the user agrees to allow
Bryzo to call or send a SMS message to their cellular phone number without
charge or fee to Bryzo.
Inactive Status
In addition to the termination rights that we
have under these Terms of Service, we also reserve the right to deactivate
your Bryzo Account if your account has been inactive for more than 60 days.
The only exception to this rule is if your account is assigned to a Premium
Plan for which you are a subscriber in good standing. This means you must
use your account regularly, such as, by logging into Bryzo with your
username in order to keep your registration active. If we deactivate a
username, we have the right to reassign that username to another user.
Your Responsibilities
You are responsible for all activities
under your account, including the use of your account and the use of your
account by others. You are responsible for keeping your password and account
information confidential. You may use the Services for lawful purposes only.
You may not submit or transmit through Bryzo any material, or otherwise
engage in any conduct that:
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violates or infringes the
rights of others including, without limitation, patent, trademark, trade
secret, copyright, publicity or other proprietary rights;
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is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortuous, or contains explicit or graphic
descriptions, or accounts of, sexual acts;
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victimizes, harasses,
degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
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impersonates any person,
business or entity, including Bryzo and its employees and agents or
partners;
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contains viruses or any
other computer code, files or programs that interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment, or otherwise permit the unauthorized use
of a computer or computer network;
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encourages conduct that
would constitute a criminal offense, or that gives rise to civil
liability;
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violates these Terms of
Service, guidelines or any policy posted on Bryzo, or
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interferes with the use
of other Bryzo account holders.
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Is commercial email
sending to a recipient if such recipient has requested that you
discontinue such communication
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Is considered spamming,
scamming or phishing
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Is transmitting email to
non-consenting recipients, that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable, including but not limited to any e-mail that
encourages conduct that would constitute a criminal offence, violate the
laws of others or otherwise violates any applicable local, provincial,
national or international law
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Is knowingly transmitting
email that contains malware, software viruses or any other computer
code, files, programs or applications designed to interrupt, destroy,
alter or limit the functionality of any computer or server software or
hardware.
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Is using another site's
email server to relay your email without permission of that site
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Is Accessing your email
from another site if it is against the terms of that website to do so.
You may not use the Bryzo
services in any manner that could damage, disable, overburden, or impair our
servers or networks, or interfere with any other party's use and enjoyment
of our services. You may not attempt to gain unauthorized access to any
services, user accounts, computer systems or networks, through hacking,
password mining or any other means. We may take any legal and technical
remedies to prevent the violation of this provision and to enforce these
Terms of Service. The user agrees to be liable to any issues that may
arise with the user of their account.
We may impose general operating rules for using Bryzo, such as limits
on storing, sending, transfer, uploading or downloading any data and have
time outs in place in case of idling.
No Spam Policy
You may not use Bryzo or any of our
communication tools to transmit, directly or indirectly, any unsolicited
bulk communications (including e-mails and instant messages). You may not
allow others to use your account to violate the Bryzo terms of service. We
may terminate your account immediately and take other legal action if you or
anyone using your account violates these Terms of Service. We may take any
technical remedies to prevent unsolicited bulk communications from entering,
utilizing, or remaining with in our computer or communications networks. The
user agrees to be liable, and if necessary, pay any fees for any damages
relating to spamming from their Bryzo account, as well as be liable for a
$20 administration fee for each spam message sent. It is recommended that
a user does not send more than 20 emails per hour to prevent against
spamming. Bryzo reserves the sole and exclusive right to block, without notice , any
email messages to you that, in Bryzo’s sole and absolute discretion contain
any viruses or are considered SPAM.
Content
Certain areas of Bryzo will allow you to post
messages and certain forms of data (Content) that can be accessed and viewed
by others, including the public in general. You may only post this content
to public areas on Bryzo that you created or that you have permission to
post. You may not post Content that violates these Terms of Service. We do
not claim ownership of any Content that you may post. However, by submitting
Content to public areas of the Services, you grant us, our parent,
affiliates, and distributors the right to use, copy, display, perform,
moderate distribute, adapt and promote this Content in any medium.
We are not liable for Content
that is provided by others. We have no duty to pre-screen Content, however
we reserve the right to remove Content for any reason, but we are not
responsible for any failure or delay in removing such material. We are not
responsible for content made available on the Internet. Any dealings that
you have with advertisers found on Bryzo are between you and the advertiser
and you acknowledge and agree that we are not liable for any loss or claim
you may have against an advertiser.
Support Services
You are using Bryzo AT YOUR OWN RISK and we
are under no obligation to provide you with any support, error corrections,
updates, upgrades, bug fixes and/or enhancements of Bryzo, although we
reserve the right to do so.
No Warranties
We provide Bryzo and the Services as is, with
all faults and as available. We and our suppliers make no express warranties
or guarantees about the Services. To the extent permitted by law, we and our
suppliers disclaim implied warranties that the services are merchantable, of
satisfactory quality, accurate, fit for a particular purpose or need, or
non-infringing. We do not guarantee that the results that may be
obtained from the user of the services including any support services, will
be effective, reliable, accurate or meet your requirements. We do not
guarantee that you will be able to access or use the services (either
directly or through third-party networks) at times or locations of your
choosing. No oral or written information or advice given by a Bryzo
Representative shall create a warranty. You may have additional
consumer rights under your local laws that this contract cannot change. You
use the Bryzo Services at your own risk.
Limitation of Liability
Your exclusive remedy regarding any software
provided by us shall be the replacement of any such software found to be
defective. Your sole and exclusive remedy for any other dispute with Bryzo
is the cancellation of your account. In no event shall our, our parent's and
our partners cumulative liabilility to you for any and all claims relating
to the use of the services exceed the total amount of service fees that you
paid during a one-year period for the specific service at issue, if any fees
were paid.
We, our parent, and our partners shall not be liable for any indirect,
special, incidental, consequential or exemplary damages arising from your
use of the services or inability to use the services. These exclusions apply
to any claims for lost profits, lost data, loss of goodwill, work stoppage,
computer failure or malfunction, or any other commercial damages or losses,
even if we knew or should have known of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such
states or jurisdictions, our liability, and the liability of our parent and
suppliers, shall be limited to the extent permitted by law.
Termination
Bryzo may suspend performance under or
terminate this Agreement, cease transmission of data associated with your
account immediately and without notice, permanently remove your account from
the Bryzo servers or equipment, and take any other actions it deems
necessary, in its sole discretion, immediately and without notice, to comply
with the relevant laws if it is informed or otherwise believes, in its sole
discretion, that your email or data violates the intellectual property
rights of any third party or is otherwise the subject of a dispute. You
waive any and all claims you may have, now and forever, against Zortech
Solutions, Inc. or Bryzo relating to the content, use, and operation of your
account and agree to indemnify and hold harmless Zortech Solutions, Inc. and
Bryzo from and against any such claims. We may change or discontinue
the entire Bryzo website & service or a feature on Bryzo at any time and
without notice.
Indemnification
Upon a request by us, you agree to defend,
indemnify, and hold harmless us and our parent and other affiliated
companies, and their employees, contractors, officers, and directors from
all liabilities, claims, and expenses, including attorney's fees that arise
from your use or misuse of the Services. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with us
in asserting any available defenses.
Electronic Contracting and
Notices
Your affirmative act of registering for a
account constitutes your electronic signature to these Terms of Service and
your consent to enter into agreements with us electronically. You also agree
that we may send to you in electronic form any privacy or other notices,
disclosures, reports, documents, communications or other records regarding
the Bryzo (collectively, Notices). We can send you electronic Notices to:
1.
The e-mail address that you provided to us
during registration
2. To any e-mail account you used to open your Bryzo Account
3.
Posting the Notice on the Bryzo server, website or to your Bryzo account
Network.
The delivery of any Notice from Bryzo is
effective when sent by us, regardless of whether you read the Notice when
you receive it or whether you actually receive the delivery. You can
withdraw your consent to receive Notices electronically by canceling or
discontinuing your use of your Bryzo Account.
Choice of Law and Location
for Resolving Disputes
You agree that the law of the the State of
Michigan governs this contract and any claim or dispute that you may have
against us, without regard to Michigan's conflict of laws rules, and that
the United Nations Convention on Contracts for the International Sale of
Goods shall have no applicability. You further agree that any disputes or
claims that you may have against us will be resolved by a court located in
the State of Michigan. Please note that by agreeing to these Terms of
Service, you are:
1. Waving your claims that
you might otherwise have against us based on the laws of other
jurisdictions, including your own
2. Irrevocably consenting to the exclusive jurisdiction of state or federal
courts in the State of Michigan over any disagreements or disputes, or any
claims you may have with us.
3. Submitting yourself to the personal jurisdiction of courts located in the
State of Michigan for the purpose of resolving any such disputes or claims
Report Copyright Infringement
We respect the intellectual
property of others. If you believe that your work has been copied and is
accessible on Bryzo in a way that constitutes copyright infringement,
please contact Bryzo by clicking here for instructions on how to contact us to report possible
copyright infringement.
Report Abuse
Please report abuse of our email service by clicking here.
We investigate each and every claim of abuse. When contacting Bryzo
about a Abuse Claim ensure that you provide us complete contact information,
including a Email, Postal Address and Phone Number, so that we can contact
you and follow-up with this Abuse Claim.
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