Terms of Service
1. Introduction
This website is owned and operated by Businesshug Inc. ("Businesshug"). By accessing or viewing this website, uploading content to this website, and/or participating in or using any service offered on this website (collectively and individually the "Services"), you agree to these Terms of Use ("Terms of Use" or "Terms"). Please review these Terms carefully as they form a contract between you and Businesshug. From time to time, Businesshug may decide to modify, add, or delete portions of these Terms. If it does so, your continued use of the Services after any such changes have been made means you agree to such changes. This Policy is subject to change, so you should check back here once in awhile to take a look at our most current Policy.
2. Privacy
These Terms incorporate by reference Businesshug's Privacy Policy. Please read the terms of the Privacy Policy carefully as you agree to them when you use the Services.
3. Limited License
Subject to these Terms, you may use the Services, including accessing and viewing content from this website on your computer or other device, submitting content, and making single copies of the application and the content on this website for your own personal use, provided that you do not:
- Post content that is abusive, hateful, or embarrassing to any other person or entity;
- Use the Services to harm or harass anyone or any group;
- Attack a rival business or submit a negative review of a rival business;
- Impersonate any person or entity;
- Post content that is directed to people younger than 13 years of age;
- Delete, otherwise revise or improperly interfere with any content posted by any other user;
- Post content that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;
- Post content that is obscene or sexually explicit;
- Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Businesshug's infrastructure;
- Employ any data-mining or data-extraction tools;
- Copy or adapt the HTML code used to generate this website;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of the application or this website;
- Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;
- Interfere with or attempt to interfere with the proper working of the application or this website;
- Circumvent, disable, or otherwise interfere with security-related features of the application or this website;
- Violate any applicable laws, rules, or regulations in any jurisdiction;
- Access data not intended for you or log into a server or account that you are not authorized to access;
- Advertise products without express written permission of Businesshug;
- Post chain letters, "junk mail," "spam," or pyramid schemes;
- Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information; or
- Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this website.
4. Linking to this Website
You may link to any content on this website. If you are interested in reprinting, republishing or distributing content from this website, please contact Businesshug to obtain written consent.
5. Proprietary Rights
As between you and Businesshug (unless otherwise provided in these Terms and excluding any User Content you submit) Businesshug or its licensors own all content on this website including, without limitation, all text, graphics, user interfaces, visual interfaces, photographs, videos, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content. This content is protected by copyright, trademark, trade dress or other intellectual-property regimes.
6. User Content
Businesshug encourages you and other users to contribute content to this website including, without limitation, comments on and relating to the Services ("User Content"). For businesses, this User content will be contained on your business's assigned pages and assigned couplons. For individuals, User Content may consist of evaluations of businesses that you have used through the Services. When you view User Content and comments submitted by other users, keep in mind that such User Content may not necessarily represent your own view or the view of Businesshug. While Businesshug encourages User Content that is supportive and helpful, through your use of the Services, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. You assume all associated risks.
7. Your User Content
You understand that when you submit User Content, you are granting Businesshug a license to display the User Content in connection with the Services or otherwise as set forth in these Terms, and, whether or not your User Content is published on the website, Businesshug guarantees no confidentiality or anonymity with respect to your User Content. Please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing.
You retain all ownership rights in the User Content you submit. However, by submitting your User Content, you grant Businesshug a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the User Content.
Businesshug reserves the right to monitor User Content and to remove or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. Businesshug has no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation or discontinuation of any aspect of the Services.
8. Submitted Materials
Unless specifically requested, Businesshug does not wish to receive any confidential, proprietary, or trade secret information from you via the website (including via contact email made available on the website). Accordingly, if you send Businesshug any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material ("Submitted Material") you grant Businesshug a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Businesshug any Submitted Material you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. The information that your business provides for descriptions and limitations on coupons counts as Submitted Material. If you send Businesshug any Submitted Material you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Businesshug to use Submitted Material as permitted by the license in this Section.
Business users are fully responsible for all representations, proposals, deal offers, coupons and other business deals that they offer as part of the Services. Businesshug takes no responsibility for acceptance or use of these offers and coupons, and Businesshug will not be liable to either business users or patron customers for failure of business users to honor the deals available as part of the Services.
9. Third Party Websites
The Services may contain links to third party websites that take you outside of the Businesshug website and the Services ("Linked Sites"). For example, if you upload or share a video on this website, you must do so by means of your YouTube account. Accordingly, when you upload and share a video on this website you are also subject to YouTube's terms of service and privacy policy. Businesshug has no responsibility for the information, content, products, services, advertising, code or other material which may be provided through the Linked Sites, so use common sense as you navigate the web, be aware when you leave this website and read the applicable legal documents for each website you visit.
10. Indemnification
You will defend, indemnify, and hold harmless Businesshug, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the website.
11. Disclaimers
BUSINESSHUG MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OF THE COUPONS OR OFFERS CONTAINED THEREIN. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. BUSINESSHUG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL BUSINESSHUG (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF BUSINESSHUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BUSINESSHUG'S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. Release
If you have a dispute with one or more users, you release Businesshug (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
14. Claims of Infringement
Businesshug respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Businesshug will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Businesshug will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Businesshug's Copyright Agent the following information:
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
- Provide your mailing address, telephone number and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Businesshug:
____________
Businesshug, Inc.
7620 Abington Drive, Kernersville, NC, 27284, USA
While Businesshug considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
15. Termination
Either of us may terminate this Terms of Use at any time. You may terminate this Terms of Use by disabling all of your User Content from this website and by discontinuing your use of the Services and access to the website. Businesshug may disable or bar your access to the Services and this Website and/or may generally cease providing the Services and this website at any time.
16. General
These Terms of Use will be governed by the laws of the State of North Carolina, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state and federal courts of Charlotte, North Carolina. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Businesshug may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and Businesshug. Businesshug does not guarantee continuous, uninterrupted or secure access to this website or the Services, and operation of the websites may be interfered with by numerous factors outside of its control. Businesshug's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and Businesshug with respect to the subject matter hereof. Sections 5 (Proprietary Rights); 8 (Submitted Materials); 10 (Indemnification); 11 (Disclaimers); 12 (Limitation of Liability); 13 (Release); and 16 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.
17. Contact Us
If you have questions about these Terms or the Services, you may contact Businesshug at support [at] businesshug.com.
Updated: March 14, 2011