KBZ WEBSITE TERMS OF USE
INTRODUCTION
Welcome to KBZ Communications, Inc. (“KBZ”, “we”, “us” or “our”). This website at www.kbz.com (“Site”) is owned and operated by KBZ. All materials on the Site are owned by KBZ. The Site may from time to time post information and materials from third parties, used pursuant to a license or other agreement with a third party. Your access and use, whether intended or not, is authorized only to the extent you agree to abide by all applicable laws and these Terms of Use. These Terms of Use constitute an agreement between you and KBZ. You understand if you are using the Site in connection with your employment, you are agreeing to these Terms of Use on your own behalf as well as on behalf of your employer. In such an instance, all references in these Terms of Use to “you” and “your” shall mean both you personally and your employer. By using this Site, you are agreeing to the Terms of Use. Please read the Terms of Use carefully, including, without limitation, any and all hyperlinks contained within this document, and save them. If you do not agree with them, you should leave the Site immediately.
Any questions or comments about, problems regarding, or information regarding misuse of the Site may be sent to the Site Administrator at webmaster@kbz.com.
KBZ PRIVACY POLICY
Please review our Privacy Policy to understand KBZ’s practice since your use of the Site is subject to such policy. The Privacy Policy is incorporated by reference into the Terms of Use (link to Privacy Policy).
LIMITED LICENSE TO KBZ SITE; RESTRICTIONS OF USE OF KBZ SITE
KBZ grants you a limited, revocable and non-exclusive license to make personal, non-commercial use of the Site. Any unauthorized use of the Site, the content or any portion or derivative of the Site and/or the content shall terminate any license or permission granted by KBZ.
You must be at least 18 years old to use the Site. If you are under 18 years old, you may use the KBZ Site only with supervision and involvement of your parent or legal guardian.
You agree to use the Site only for lawful purposes and are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, defamatory or other objectionable material of any kind.
Your limited license granted above does not include any rights to:
- modify, download, reproduce, copy, or resell the Site, the content or any portion or derivative of the Site or content;
- commercially use the Site, the content or any portion or derivative of the Site or content;
- copy or download any account information (including, without limitation, your own account) for any purpose;
- use any robot, spider, data miner, scraper or other tool to access the Site or its related systems for any purpose;
- interfere with the proper working of the Site;
- bypass any KBZ measures used to prevent or restrict access to any portion of the Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of KBZ;
- use KBZ’s name, trademarks, services marks or logos in any meta tags or any other similar hidden text; or
- compile, disseminate or otherwise use data extracted from the Site.
REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we suspect is, untrue, inaccurate, not current or incomplete, KBZ may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion of the Site).
If any portion of the Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify KBZ of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which KBZ may otherwise have, KBZ reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, KBZ may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall KBZ be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of KBZ under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as perfect security on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree such steps do not guarantee use of the Site is invulnerable to all security breaches, and KBZ makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
PROPRIETARY RIGHTS
You acknowledge the Site, its content and all related copyrights, trademarks, patents, trade secrets and other proprietary rights are owned exclusively by KBZ and protected by federal, state and common law intellectual property laws. All content available on the Site (“Content”), and the selection, arrangement, coordination, compilation and derivatives of such Content, is copyrighted under the U.S. and international copyright laws and owned exclusively by KBZ. You may not modify, remove, delete, transmit, transfer or sell, create derivative works from, or in any way exploit any of the Content, in whole or in part, whether yourself or by assisting others to do any of the foregoing. Except as expressly permitted under U.S. copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.
“KBZ” and other logos, designs and service names on the Site (“KBZ Marks”) are trademarks and trade dress owned exclusively by KBZ and are protected under United States trademark law.
Your limited license to use the Site does not include any right to use the KBZ Marks or Content in any manner without KBZ’s prior written authorization. Without limiting the foregoing, you may not use any KBZ Marks or Content in connection with a product or service that is not KBZ’s, in any way likely to cause confusion among consumers or is disparaging or defamatory in any way.
COPYRIGHT COMPLAINTS
KBZ respects the intellectual property rights of others. If you believe your work has been copied and has been posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing KBZ´s Copyright Agent the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work you claim has been infringed upon;
- A specific description of where the material you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner's behalf.
KBZ´s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
KBZ Communications, Inc.
2003 South Easton Road, Suite 308
Doylestown, PA 18901
Phone: (215) 348-9481
Fax: (215) 348-7790
info@kbz.com
Attn: KBZ Copyright Agent
THIRD-PARTY PRODUCTS AND SERVICES
KBZ offers and provides various Cisco telepresence and other products and services on or through the Site. Except for KBZ branded information, products or services are identified as being supplied by KBZ, KBZ does not operate, control, or endorse any information, products, or services on the Site or accessible through the Site in any way. KBZ is not responsible for examining or evaluating, and KBZ does not warrant the offerings of, any of these businesses or individuals or the content of their websites. KBZ does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
The Site may contain links to other websites not operated by KBZ. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by KBZ of those websites or the contents of any such website. KBZ is not responsible for the content, links or privacy of any linked website. Access to any other websites linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including, without limitation, privacy and data gathering practices, of such third-party website.
DISCLAIMER OF WARRANTY
THE SITE AND ALL INFORMATION, MATERIALS, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE), SERVICES, CONTENT, AND KBZ MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY KBZ “AS IS” AND ON AN “AS AVAILABLE” BASIS. KBZ AND ITS EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS MAKE NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE OPERATION OF THE SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE), SERVICES, CONTENT AND KBZ MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, KBZ AND ITS EMPLOYEES, AGENTS, DIRECTORS AND OFFICERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. KBZ AND ITS EMPLOYEES, DIRECTORS AND OFFICERS MAKE NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, DEFECTS WILL BE CORRECTED, OR THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. KBZ AND ITS EMPLOYEES, AGENTS, DIRECTORS AND OFFICERS MAKE NO WARRANTY AND DISCLAIM ANY LIABILITY REGARDING THE ACCURACY OR VALIDITY OF ANY DATA, MATERIALS, CONTENT AND/OR INFORMATION AVAILABLE THROUGH USE OF THE SITE OR RESIDING ON OR PASSING THROUGH ANY INTERCONNECTING NETWORKS USED IN CONNECTION WITH THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KBZ OR ITS EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM RELIANCE ON ANY DATA, MATERIALS, CONTENT, PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR OBTAINED THROUGH USE OF THE SITE. KBZ AND ITS EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS SHALL NOT BE LIABLE FOR, AND YOU SHALL BE SOLELY RESPONSIBLE FOR, YOUR HARDWARE, NETWORK CONNECTIVITY, HOSTING SERVICES, OPERATIONAL SOFTWARE, THIRD PARTY SOFTWARE, SECURITY, THE BACKUP AND STORAGE OF ANY DATA, AND THE ACTS AND OMISSIONS OF YOUR VENDORS. IN NO EVENT SHALL KBZ OR ITS EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR THE THEFT, DESTRUCTION, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK, ARISING FROM USE OF THE SITE OR ANY INFORMATION, MATERIALS, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE), SERVICES, CONTENT, OR KBZ MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, DIRECT, EXEMPLARY, OR SPECIAL DAMAGES, EVEN IF KBZ HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
YOU ACKNOWLEDGE KBZ IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OR MATERIAL FOUND ON OR IN CONNECTION WITH OR TRANSMITTED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY OTHER PERSON.
YOU UNDERSTAND YOUR USE OF THE SITE AND RELIANCE ON ITS MATERIALS IS AT YOUR SOLE RISK. Certain state laws do not permit exclusions of certain damages or limitations of implied warranties. If these laws apply to you, some of the above may not apply to you and you may have additional rights.
INDEMNITY
You agree to defend, indemnify and hold harmless KBZ and its employees, agents, directors and officers from and against all the liabilities, claims, damages, demands, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs), made by a third party related to or arising out of your: (1) access or use of the Site; (2) failure to access or use the Site; (3) breach of the Terms of Use, including, without limitation, the Privacy Policy; and (4) violation of any applicable law or the rights of a third party.
EMPLOYMENT OPPORTUNITIES
KBZ may post employment opportunities on the Site and/or invite interested persons to submit their resumes in response to such postings. If you choose to respond, you authorize KBZ to use any information submitted in response for all lawful hiring and employment purposes. KBZ reserves the right to forward this information to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or on the Site shall constitute a promise by KBZ to interview, hire or employ any individual who submits their information, or to review information submitted.
MODIFICATIONS
KBZ reserves the right to modify or amend the Terms of Use and Privacy Policy from time to time. Notifications of such changes may be posted on the Site. It is your responsibility to periodically check the Site for changes to the Terms of Use and Privacy Policy.
APPLICABLE LAW; JURISDICTION; VENUE; INJUNCTIVE RELIEF
By visiting the Site, you agree the substantive and procedural laws of the Commonwealth of Pennsylvania, except with respect to that body of law relating to choice of law, shall govern these Terms of Use (including, without limitation, the Privacy Policy) and any other dispute arising between you and KBZ. You and KBZ also consent to exclusive jurisdiction and venue in the state courts located in Bucks County of the Commonwealth of Pennsylvania and, if appropriate, in the United States District Court federal courts located in the Eastern District of the Commonwealth of Pennsylvania for the resolution of any dispute, action, or proceeding arising in connection with this Agreement or your use or non-use of the Site. You further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Notwithstanding anything to the contrary in these Terms of Use, KBZ may seek injunctive or other appropriate relief against you, without the need to post a bond, in any state or federal court in the Commonwealth of Pennsylvania to the extent you violate these Terms of Use and/or violate KBZ’s intellectual property rights. Any award made by a Court to KBZ in conjunction with litigation, or made in conjunction with arbitration, between the parties regarding these Terms of Use shall include an award of all reasonable attorneys’ fees and legal costs incurred by KBZ to the extent KBZ is the prevailing party.
ASSIGNMENT
You agree these Terms of Use and all incorporated agreements may be assigned by KBZ in our sole discretion at any time without prior notice to you. You further agree your assent to these Terms of Use is personal and you may not assign this Agreement to any person or entity.
SEVERABILITY;WAIVER
If any provision of the Terms of Use shall be deemed invalid, void or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of the Terms of Use. These Terms of Use may be waived only by a written instrument signed by the non-breaching party. The waiver by any party of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any subsequent breach. No waiver by KBZ shall be effective unless made in writing and signed by an authorized representative of KBZ.
NOTICES
All notices, legal or otherwise, to KBZ shall be sent to info@KBZ.com with a copy sent to the following address via overnight courier:
KBZ Communications, Inc.
2003 South Easton Road, Suite 308
Doylestown, PA 18901
Attn: Webmaster
Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified the email address is invalid.
INDEPENDENT CONTRACTORS
No agency, association, partnership or joint venture between you and KBZ is intended or created by these Terms of Use.
SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. KBZ may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including, without limitation, any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, system flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, and using manual or electronic means to avoid any use limitations.
ENFORCEMENT
KBZ reserves the right but does not assume the obligation to strictly enforce these Terms of Use, including, without limitation, by issuing warnings, suspension, or termination of access to the Site and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
KBZ may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on KBZ´s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including, without limitation, these Terms of Use), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of KBZ´s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
ENTIRE AGREEMENT
These Terms of Use, including, without limitation, the Privacy Policy, constitute the complete agreement between you and KBZ and supersedes all previous communications, representations, proposals, or agreements, either oral or written, with respect to the Site and any information, materials, products, services, KBZ Marks, or Content available through the Site. Notwithstanding the foregoing, KBZ may have additional agreements with its resellers and other partners (each a “Reseller Agreement”). In the event of, and only to the extent there is, any conflict, ambiguity or inconsistency between these Terms of Use and the terms of a Reseller Agreement, the terms of the Reseller Agreement shall govern and control with regard only to the specific reseller or partner that is a direct party to such Reseller Agreement.
CONTACT INFORMATION
Please direct all inquiries regarding the Site or this Terms of Use to webmaster@kbz.com.