Note: THIS IS A LEGALLY BINDING AGREEMENT.
ScanBizCards provides scanning technology to Users to quickly add new contacts to their Personal Address Book and synchronization technology to replicate contact info to other data stores.
ScanBizCards helps Users manage their Personal Address Book. In addition, ScanBizCards aggregates business contacts data from their Users’ Personal Address Book and performs analysis on this data in order to create a highly accurate Business Contact Database (“Business Contact Database”). Our Business Contact Database is made available for the individual and collective benefit of our Users and the business contacts represented. The Business Contact Database further makes best available effort to filter each record to prohibit or remove any non-business information, such as home address, home phone numbers, personal email addresses, contact notes, and personal mobile phone numbers, which are not permitted in the Business Contact Database
Being listed in the Business Contact Database offers benefits to businesses and business professionals alike, including identification and recognition in the marketplace and the prospect of beneficial business, commercial and employment opportunities and partnerships.
The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by ceasing to use the Services altogether, including removing the Applications from your devices and terminating your account, as applicable. This license will terminate upon conditions set forth elsewhere within this Agreement or if you fail to comply with any term or condition of this Agreement. In such event, no notice shall be required by ScanBizCards to affect such termination. Upon termination of this Agreement, you agree to cease using the Services and remove any Applications from your devices, together with all backup copies, modifications, printed or written materials, and merged portions in any form.
Your Rights and Obligations
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the User Code of Conduct listed below, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to utilize the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of ScanBizCards or its Users), to view information and use the Services that we provide on ScanBizCards or our webpages and in accordance with this Agreement. Any other use contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Applications, Sites, and Services, and all related items, including any and all copies made thereof.
We reserve the right to change, modify, suspend or discontinue any portion of our Services at any time, including changes to this Agreement, or privacy policies, notices and practices, User Code of Conduct, and other published guidelines and procedures. We may also impose limits on certain features or restrict your access to parts or the Services without notice or liability.
Your unique account will be associated with your outside network credentials; when you log in to access your ScanBizCards account, you can utilize any of the outside network accounts and passwords associated with your ScanBizCards account. You shall notify ScanBizCards of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a ScanBizCards account; (3) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any rights of ScanBizCards, including intellectual property rights such as copyright or trademark rights; and (5) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Our Users may choose to submit post, upload and/or contribute content as part of, to or through the Services (“User-generated Materials”). You represent that you have the right to contribute any User-Generated Materials that you contribute, and that such User-Generated Materials, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User-Generated Materials that you contribute in connection with our Services. This license lasts until you terminate your account or stop using our Services, except in the case of User-Generated Materials that you have published, made public and/or share with others, including content, information or data contributed to the Business Contact Database. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User-Generated Materials that you contribute, except that, where applicable under, you agree to waive your right to be identified as the author of any User-Generated Materials and your right to object to derogatory treatment of such User-Generated Materials.
To the extent Users elect or choose to submit address book contact data or related company information (including portions thereof and related metacontent) to us for processing and inclusion in their Personal Address Book and our Business Contact Database, including related metacontent or data, you hereby grant us a royalty-free, worldwide, irrevocable, perpetual license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, display, create derivative works from, process, analyze, aggregate, and incorporate into the Services any submitted information (including any portions thereof submitted by you) and to distribute such information through the Services and otherwise at our discretion, subject to the limitation set forth or applicable herein.
We reserve the right to remove or disable access to any User-Generated Materials for any or no reason, including but not limited to, User-generated Material that, in our sole discretion, violates these Agreements. We may take these actions without prior notification to you. Removal or disabling of access to User-Generated Materials shall be at our sole discretion, and we do not promise to remove or disable access to any specific User-Generated Materials.
Any fraudulent, abusive, or otherwise illegal activity, or violation of this User Code of Conduct is grounds for termination of your account at ScanBizCards’s sole discretion, and you may be reported to appropriate authorities. You shall not do any of the following:
Your use of the Services is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S.-origin products, including services or software.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; (2) any content you submit to or through the Sites, Applications or through use of the Services; and (3) any activity in which you engage on or through the Services..
ScanBizCards may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). ScanBizCards is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Disclaimers; Limitation of Liability
ScanBizCards may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse includes, without limitation, inviting other Users with whom you do not know to connect; abusing the contact connection, and other messaging services; creating multiple or false accounts; using the Site or Services commercially without ScanBizCards authorization, infringing any intellectual property rights, violating any aspect of the Code of Conduct, or any other behavior that ScanBizCards, in its sole discretion, deems inappropriate.
Upon the termination, you may lose access to the Services. The terms of this Agreement, which by their nature should survive termination, shall survive termination, except as otherwise described or referenced herein.
The Sites, Applications, including Mobile Applications, and Services are controlled and operated by ScanBizCards. ScanBizCards makes no representation that content, data, information or other similar materials made available in, on or through our Sites, Applications, including Mobile Applications, and Services are appropriate or available for use in your location. Those who choose to access this Site or Services from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and ScanBizCards regarding the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third party software.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by us or any affiliate shall be deemed legally binding on us or any affiliate, unless documented in a physical writing hand signed by a duly appointed officer of ScanBizCards.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
In no event shall you assign or delegate any rights or obligations under the Agreement to any party. Any purported assignment and delegation shall be ineffective. ScanBizCards may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute any third party that assumes our rights and obligations under this Agreement.
ScanBizCards will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify ScanBizCards.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to a ScanBizCards designated agent as set forth below, and must include substantially all of the following:
For notice of claims of copyright infringement, ScanBizCards can be reached by contacting: privacy@ScanBizCards.com.
ScanBizCards, the ScanBizCards Business Contact Database and the ScanBizCards logo and other marks indicated in our Services are trademarks of ScanBizCards or other related companies. ScanBizCards is a registered mark with the United States Patent and Trademark Office.
Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ScanBizCards. All other trademarks not owned by ScanBizCards or any of its related companies that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ScanBizCards.
All content and compilations of content included on the Services and Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads and mobile applications, are the property of ScanBiz Mobile Solutions LLC, and is protected by United States and international copyright laws.
© -2012-2014 ScanBiz Mobile Solutions LLC – All Rights Reserved.