Terms & Conditions
Access to this website is granted by VentureTech L.L.C., its subsidiaries and its partners represented on this website (hereinafter known collectively as BPC) subject to the following terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY WEB PAGE HEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS IMMEDIATELY TO THIS WEBSITE OR ANY WEB PAGE HEREOF IMMEDIATELY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BPC BY ACCEPTING THIS DOCUMENT AND COMPLETING YOUR ACCOUNT CREATION PROCESS OR APPLICATION INSTALLATION, YOU ARE REPRESENTING THAT YOU HAVE THE AUTHORITY TO BIND YOURSELF OR YOUR COMPANY TO THIS AGREEMENT. If you do not agree, you may decline this Agreement by not completing the Account Creation Page, or by not entering “Yes” or agreeing to accept this document during the installation and configuration steps of an application installation, and discontinuing the account creation process or the application installation and/or configuration processes.
“Agreement” means these terms and conditions together with all applicable policies, procedures and/or guidelines, including without limitation the privacy notice, that appear on the BPC website from time to time, which are hereby incorporated by this reference into, and made part of, this Agreement.
“BPC”, “we” or “us” means BPC, “BizPlanCompetitions” is a set of services and applications that enables the integration of online storage and services into third party applications (“Applications”). The term “BPC SaaS” includes any data, images, text, and content, APIs, tools or other information or materials provided by BPC through or in BPC SaaS including any beta or test applications, services, and features.
This Agreement applies to all BPC SaaS or customer support packages that you sign up for.
You may use the BPC SaaS in accordance with the terms and conditions described in this Agreement.
- You may use BPC SaaS to store, process and retrieve data. You acknowledge that neither BPC nor its affiliates are responsible in any manner, and you are solely responsible, for your data. While we may track information regarding your usage of BPC SaaS, we will not disclose, sell or license your data, except as may be necessary to comply with subpoenas, court orders, or other legal requirements.
- You are responsible for complying, and you represent, warrant and covenant that you will at all times comply, with all applicable laws or regulations of any applicable jurisdiction. You may not, and represent, warrant and covenant that you will not, nor will you allow or enable any third party to, use BPC – BPC SaaS : (i) in a manner that infringes, violates or misappropriates any third party’s intellectual property rights; (ii) to engage in spamming or other impermissible advertising or marketing activities, or in any manner that otherwise violates anti-spamming laws and regulations; (iii) in a way that is otherwise illegal or promotes illegal activities, including without limitation in any manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age. You further represent and warrant that your data is not obscene, libelous, defamatory or otherwise malicious or harmful to any person or entity.
- You may not, nor will you allow or enable any third party to, interfere or attempt to interfere in any manner with the functionality or proper working of BPC – BPC SaaS.
- You agree to provide such additional information and/or other materials related to your Application as reasonably requested by us to verify your compliance with this Agreement.
- If your Application is determined (for any reason or no reason at all, in our sole discretion) to be unsuitable for BPC – BPC SaaS, we may suspend your access to BPC – BPC SaaS or terminate this Agreement at any time, without notice.
2. SERVICE FEES
BPC currently charges for Services at the rates and on the terms set forth in the proposal and Contract for such Service. In consideration of your use of the Services, you agree to pay the amounts set forth.
The BPC website and products offered by its partners are protected by copyright, trademark, patent, trade secret, and other laws. In no event may you reverse engineer or copy BPC. In the case of breach of stated reverse engineering or copying protection, BPC retains the right to pursue all claims and damages resulting from such an act. You retain all intellectual property rights you may have in the Applications you create which are based on or utilize BPC information. You hereby release and covenant not to sue BPC or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims: (i) pertaining to your Applications, or any intellectual property you develop that is based on, uses, or relates to BPC – BPC SaaS; and/or (ii) which otherwise may arise in connection with your use of, reliance on, or reference to BPC – BPC SaaS. BPC, our affiliates and our applicable licensors retain all intellectual property rights (including all worldwide patent, trademark, copyright, and other proprietary rights) in and to BPC – BPC SaaS, and any derivative works of the BPC, including without limitation those created by or for BPC pursuant to any Beta Test program outlined in Section 6 below. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE HEREBY RESERVED BY BPC, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS.
We disclaim all liability, and you will be solely responsible for, the development, operation, and maintenance of your Application and for all materials that appear on or within your Application. We further disclaim all liability for any failure of your application to interface with the BPC – BPC SaaS for any reason.
You agree to indemnify, defend and hold harmless BPC, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the BPC– BPC SaaS, your access or connection to the BPC SaaS, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with BPC or your use of the BPC – BPC SaaS. BPC reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with BPC in asserting any available defenses.
5. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
5.1 You assume total responsibility and risk for your use of the BPC – BPC SaaS. BPC does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the BPC – BPC SaaS, any merchandise, information or service provided through the BPC – BPC SaaS, and BPC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The BPC – BPC SaaS and any software made available on the BPC SaaS are provided on an “as is, as available” basis.
5.2 BPC makes no warranty that (i) the BPC – BPC SaaS will meet your requirements or will always be accessible, (ii) the BPC – BPC SaaS will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the BPC – BPC SaaS will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the BPC – BPC SaaS will meet your expectations, and (v) any errors in the BPC – BPC SaaS will be corrected.
5.3 Any content downloaded, uploaded or otherwise obtained through the use of the BPC – BPC SaaS is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the BPC – BPC SaaS.
6. LIMITATION OF LIABILITY
BPC does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the BPC – BPC SaaS or other contents accessible from the BPC – BPC SaaS. In no event shall BPC be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the BPC – BPC SaaS, delays, inaccuracies or errors in the information or in the transmission of the BPC – BPC SaaS, or any information or transactions provided on or over the BPC – BPC SaaS or downloaded or hyperlinked from the BPC – BPC SaaS, or performance of the contents on this BPC – BPC SaaS, even if BPC has been advised of the possibility of such damages.
If you are dissatisfied with any portion of the BPC – BPC SaaS, or with any of the Terms, your sole and exclusive remedy is to discontinue using the BPC – BPC SaaS.
7. INTELLECTUAL PROPERTY RIGHTS
Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the BPC – BPC SaaS) is provided by BPC , its content providers and third parties licensors. The intellectual property rights to or over the contents contained in each BPC – BPC SaaS belong to BPC, its content providers and/or third parties licensors. All rights are reserved. The contents of the BPC – BPC SaaS cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of BPC . You agree that the material and content contained within or provided by the BPC SaaS is for your own personal use only and may not be used for commercial purposes or distributed commercially.
Your access to or use of the BPC – BPC SaaS should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the BPC – BPC SaaS without BPC ’s prior written consent. You may not, without BPC ’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the BPC – BPC SaaS or any other websites.
You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the BPC – BPC SaaS or create derivative works based on the BPC – BPC SaaS. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the BPC – BPC SaaS to determine the source code, structure, organization, internal design, algorithms or encryption devices of the BPC – BPC SaaS’s underlying technology.
Your access to or use of the BPC – BPC SaaS, as well as these Terms shall be governed by, and construed in accordance with Nebraska, United States laws and you agree to submit to the exclusive jurisdiction of the Nebraska, United States courts.
BPC’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are for the benefit of BPC and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the BPC – BPC SaaS. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BizPlanCompetitions.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of BizPlanCompetitions.com, with copyright authorship for this collection by BizPlanCompetitions.com, and protected by international copyright laws.