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TBF Global Ventures Terms of Use

Last updated Thursday, 14 March 2013

TBF Global Ventures, LLC. (“TBF” or “us” or “our”) operates this website, www.jointbf.com, the mobile versions of this website, and related or merchant-specific sites that we may have now or in the future (collectively, the “Site”). The Site provides a Social Network for young entrepreneurs to engage, learn, act and celebrate around entrepreneurship.

By using the Site (other than to read this Agreement for the first time) or Services, you (“you” or “End User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE AND SERVICES. 

We may change these Terms of Use at any time, and will post a notice on this website of any material changes. Your continued use of the Site or Services means that you agree to be bound by any modifications to the Terms of Use at the time of each use. Please check the Terms of Use from time to time.

1. Permitted Use of the Site and Services

By using the Site or Services, you represent and warrant to TBF that:

  • you are an individual person between the ages of 13 and 25 years of age for TBF; we will need to verify that information prior to providing access to the site. This can be done by providing verification of other sites such as Facebook, Google+, Linkedin, Twitter. 
  • you possess the capacity to create a binding legal obligation; and
  • your use of this Site and Services will at all times comply with the terms of this Agreement.
  • you will complete a full profile; indicating interest and uploading photo

We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

 

2. Registration

To purchase a Membership, you must create a TBF account. You may:

  • create only one account for your personal use, not to be shared or transferred
  • You must safeguard your password and are responsible for any use of your account that you permit
  • You represent that you have the right to provide any and all information you submit to the Site, and that all such information is accurate, current and complete
  • If you violate any of the above terms, we may terminate your account as provided below

 

3. License to Use the Services

Subject to your payment of any applicable fees, TBF authorizes you to access, view and use the Site and Services solely in accordance with the terms hereof. You agree, and represent and warrant, that your use of the Site and Services, or any portion thereof, will be consistent with the foregoing license and all covenants and restrictions contained in this Agreement, and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Site, the Services or your use of them, and that in using the Site or Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Site or Services. You are responsible for obtaining, maintaining and paying for the computer, smartphone or other equipment and any service you use to access the Services. We are not liable for any loss or damage you suffer arising from damage to equipment or services used in connection with use of the Services.

4. Proprietary Materials and Ownership

The content and information on the Site is the property of TBF. Without limitation of the foregoing, all the text, images, video, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on the Site, and all software embodied in the Site or used to deliver the Services, is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of such content or software is prohibited. You may download, print, and/or save copyrighted material for your personal use only, preserving any attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may be subject to criminal or civil penalties for violation of this paragraph.

If you believe any content on the Site is violating your intellectual property rights, please notify us in accordance with our Copyright Infringement Policy.

5. Information You Submit 

You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right (“Proprietary Right”) without the express permission of the owner of such right. TBF is not responsible for aiding you in determining whether any material is protected by any Proprietary Rights. You are solely liable for any damage resulting from any infringement of Proprietary Rights resulting from your use or submission of materials in connection with the Site or Services. 

By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted TBF the royalty-free, perpetual, irrevocable, non-exclusive right transferable to any successor to TBF’s business and license to use, reproduce, sublicense, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You also grant TBF the right to edit, copy, publish and distribute any material that you make available on this Site. Your grant of rights to TBF under this paragraph include, without limitation, use for the purpose of promotions, advertising, market research or any other lawful purpose.

TBF in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). TBF shall have the right, but not the obligation, to monitor content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by TBF, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, TBF shall have the right, but not the obligation, to remove any material from the Communities that TBF, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) and not of TBF.

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of TBF’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our PrivacyStatement) in your Statements. TBF does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content.

6. Your Conduct on the Site

You may not use the Site or your account, or allow others to use the Site or your account, to: 

  • Submit any purposely inaccurate or misleading information, commit fraud or falsify information
  • Create multiple TBF accounts
  • Use the Site or Services or any of their contents to advertise or solicit for any commercial, political or religious purpose except as expressly agreed in writing by TBF, or to compete, directly or indirectly with TBF, including without limitation
  • Use any end user or Merchant information from the Site for any commercial purpose unrelated to the Services, including, but not limited to, marketing
  • Exceed or attempt to exceed quantity limits when purchasing Offers, or otherwise using any TBF account to purchase Offers for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site
  • Attempt to, or actually, access data not intended for you, such as logging into a server or an account which you are not authorized to access
  • Attempt to scan, or test the security or configuration of, the Site, or to breach security or authentication measures without proper authorization
  • Tamper or interfere with the proper functioning of any part, page or area of the Site or Services and any or all functions and services provided by TBF, including, without limitation, by means of submitting a virus to our Site, attempting to overload, “flood”, “spam”, “mail bomb” or “crash” the Site or Services, or otherwise taking any action that places excessive demand on our Site, Services or infrastructure
  • Access, monitor or copy any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
  • Violate the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site
  • Aggregate any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission
  • Deep-link to any portion of this Site (including, without limitation, the purchase path for any Offers) without our express written permission
  • Act illegally or maliciously against the business interests or reputation of TBF, our Merchants or our Services; or
  • Hyperlink to the Site from any other website without our initial and ongoing consent.


7. Termination

TBF may terminate this Agreement at any time. Without limiting the foregoing, TBF shall have the right to immediately terminate or suspend your account in the event TBF considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

If TBF terminates your account pursuant to the preceding paragraph, you will forfeit any account credits and unredeemed Offers in your account to the extent allowed by law, and TBF may pursue any applicable legal remedies against you.

8. Disclaimer of Warranty and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER TBF, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “TBF AFFILIATES”), WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR OFFERS PROVIDED THROUGH THIS SITE OR THE GOODS AND SERVICES OF ANY MERCHANTS. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TBF HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL TBF OR THE TBF AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE SERVICES, AND OTHER INFORMATION CONTAINED THEREIN ORTHIS AGREEMENT. TBF’S LIABILITY SHALL IN NO EVENT EXCEED (A) IF SUCH LIABILITY ARISES IN CONNECTION WITH AN OFFER PURCHASED BY YOU, THE AMOUNT YOU PAID FOR SUCH OFFER; OR (B) TEN DOLLARS.

9. Links to Third Party Websites; Service Interruptions; Security

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. TBF retains the right at our sole discretion to deny service or access to the Site to anyone at any time and for any reason.

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with TBF and the Site while it is being transmitted. In addition, TBF is not responsible for any data lost during transmission.

10. Indemnification/Release

You agree to defend, indemnify and hold harmless TBF, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any materials submitted by you to the Site or your use of the Site or ServiceS in violation of this Agreement or applicable terms.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release TBF from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of an Offer, and any conduct or speech, whether online or offline, of any other user.

11. Arbitration

We will make every reasonable effort to resolve any disagreements that you have with TBF. If those efforts fail, you agree that any claim, dispute, or controversy you may have against TBF arising out of, relating to, or connected in any way with this Agreement, the Site or the Services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and TBF; (b) the arbitrator shall apply Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or TBF’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TBF will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor TBF shall be entitled to arbitrate their dispute.

12. Other Terms and Conditions

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Services shall be governed by the laws of the Commonwealth of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 13 shall be governed by the Federal Arbitration Act. Notwithstanding the foregoing, the Uniform Computer Information Transactions Act shall not apply to any such disputes.

No waiver by either you or TBF of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

The provisions of these Terms of Use apply equally to and are for the benefit of TBF, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.