P.O. Box 10935 Glendale,
Arizona 85318-0935
P.O. Box 10935 Glendale,
Arizona 85318-0935

Terms & Conditions

1. About the Terms & Conditions and TucsonBizz Web site

Within these Web site Terms of Service (Terms) the term TB or “we” will refer to Tucson Bizz, a division of Sofvue, LLC, and their respective subsidiaries and affiliates that own and operate Web sites and Internet services on their behalf. The term “you” refers to you as a user of Tucson Bizz, a division of Sofvue, LLC, Web sites or Internet services described below.

What do these Terms cover?

These Terms set forth the terms and conditions through which TB will permit you to use these TB-owned and operated Web sites and services:

the Web sites www.tucsonbizz.com (the TB Sites)

What is outside the scope of these Terms?

Some of the TB Web site contains links to other Web sites, including Web sites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other Web sites are not operated by TB and have their own terms of service that we encourage you to read before you use them. Other sites that we link to may contain TB branding, but these non-TB Web sites and resources are provided by companies or persons other than TB. Examples of these non-TB Web sites include Web sites where you are required to log-in using a username and password other than your username and password for the TB Web site – These Terms do not apply to those non-TB sites. Those sites will have their own terms of use that we encourage you to read before you use them.

2. Accepting These Terms

In order for you to use any of the TB Web site, you must first agree to abide by the Terms. You can accept these Terms by:

Checking the box next to “I have read and agree to the Terms of Service” (or similar language); or

Using any of the TB Web site, in which case you understand and agree that these Terms will apply to your use of those services (or any parts of them).

Before you continue to use the TB Web site, you should print or save a local copy of the Terms for your records.

3. Registration

In order to use the TB Web site you may be required to provide information about yourself (such as identification or contact details) as part of the registration process. You agree that any registration information you give to TB will be accurate, correct, and current.

4. Prohibited Uses

You specifically agree not to:

use the TB Web site to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation; post, store, send, transmit, or disseminate on the TB Web site any information or material which a reasonable person could deem to be unlawful; upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the TB Web site in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner; post on the TB Web site unsolicited bulk or commercial messages commonly known as “spam” send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a blog, newsgroup, chat, or similar feature of the TB Web site initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the TB Web site.

participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent) from the TB Web site, a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity collect responses from unsolicited bulk messages posted on the TB Web site impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”) on the TB Web site;

restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the TB Web site (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information; register under the name of, nor attempt to use the TB Web site under the name of, another person; allow another person to access the TB Web site using your credentials access (or attempt to access) the TB Web site through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the TB Web site; engage in the systematic retrieval of data or other content from the TB Web site, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without TB’s prior written consent; capture, rip, download, or otherwise create a copy of any content that is shown on the TB Sites without obtaining any required permission of the content owner; or take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the TB Service.

5.  Your Passwords and Unauthorized Use of Your Account

You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the TB Web site. Accordingly, you agree that you will be solely responsible to TB for all activities that occur under your TB Web site accounts, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify TB immediately.

6. Privacy and Your Personal Information

To understand how the TB Web site use information you provide, please read the Web site Privacy Policy at http://www.tucsonbizz.com/Privacy-Policy. This policy explains how TB and its providers handle your personal information when you register and use the TB Web site.

7. Content on the TB Web site

The TB Web site will allow you to access information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the “Content”). This Content may be owned by TB, other companies that give TB the right to distribute their Content, or users of the TB Web site (like you). TB grants you a limited license to view the Content and to use the TB Web site for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Unless the Content was legally posted by you on the TB Web site, you may not distribute copies of the Content in any form (including by e-mail or other electronic means), without prior written permission from its owner except as permitted by law. Of course, you are free to encourage others to access the Content and to tell them how to find it.

In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by TB in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.

You understand that by using the TB Web site you may be exposed to Content that you may find offensive, indecent or objectionable. In this respect, you use the TB Web site at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable.

8. User Submissions

Some of the material appearing on the TB Web site will be provided by users. TB does not claim ownership of any material that users submit or post on the TB Web site. You agree that you are solely responsible for (and that TB has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the TB Web site, and for the consequences of your actions (including any loss or damage which TB may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the TB Web site, you will not: (i) include any content that violates a third party’s copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; or (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.

If you post any content to the TB Web site, you hereby grant TB and its licensees a worldwide, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the TB Web site or the promotion of the TB Web site, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to TB the license set forth in this section without infringing or violating the rights of any third party. If you remove content that you have posted to the TB Web site or terminate your TB Web site account, this license will automatically expire, with a few limited exceptions. TB may retain, but will not actively use, copies of your data that were archived in the normal course of TB’s database backups. In addition, copies of content that you have shared with other users of the TB Web site may be retained by TB and associated with those other users’ accounts in order to provide them with the TB Web site. TB does not assert any ownership over content that you post to the TB Web site; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all content you post to the TB Web site and any intellectual property rights or other proprietary rights associated with the content.

The TB Web site may also contain links to community forums, bulletin boards, chat rooms, and blogs about the various TB Web offerings. Children under the age of 13 should not post in any of the forums, boards, chat rooms, blogs, other editorial sections of the TB Web site. Participants in these forums, bulletin boards, chat rooms, and blogs are solely responsible for all content that they post there. TB retains the right, but not the obligation, to correct any errors or omissions in any of this content, as it may determine in its sole discretion. TB further reserve the right to delete or remove any content from the forums or blogs without prior notice or liability. You agree that your participation in these forums, bulletin boards, chat rooms, and blogs will at all times conform with these policies.

TB reserves the right, but does not assume any obligation, to review any user submission prior to its display on the TB Web site using automated tools or manual processes. TB may refuse to display or remove any user submission from the TB Web site for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.

9. Feedback

TB welcomes your feedback about the TB Web site. TB asks that you limit your feedback to the TB Web site. Any communications you send to TB are deemed to be submitted on a non-confidential basis and become the sole property of TB. TB may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by TB shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of the communications and without liability to that person.

10. Proprietary Rights

You acknowledge and agree that TB (or TB’s licensors) own all legal right, title, and interest in and to the TB Web site, including any intellectual property rights which subsist in the TB Web site (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with TB, nothing in the Terms gives you a right to use any of TB’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features except as permitted by law. If you have been given an explicit right to use any of these brand features in a separate written agreement with TB, then you agree that your use of these features shall be in compliance with that agreement, any applicable provisions of the Terms, and TB’s brand feature use guidelines as updated from time to time.

Unless you have been expressly authorized to do so in writing by TB, you agree that in using the TB Web site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.

11. Linking to the TB Sites

TB welcomes links to the homepages of any of the TB Sites. You are free to establish a hypertext link to these homepages so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by TB. TB does not permit framing or inline linking to the TB Sites or any portions of them.

12. License from TB

TB gives you a worldwide, non-assignable and non-exclusive license to use the TB Web site for your personal, non-commercial use on the terms and conditions described in these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the TB Web site as provided by TB, in the manner permitted by the Terms.

13. Discontinuing Use of the TB Web site and Termination of the Terms; Provisions That Remain in Effect after Termination

The Terms apply to all users of the TB Web site. Except as described below, depending on whether you are an unregistered user or a registered user, you can discontinue your use of the TB Web site so that these Terms no longer apply to you.

Unregistered Users

If you use any of the TB Web site (or parts of those services) that are accessible without registration, you may discontinue use of those services at any time. Doing so will terminate the Terms. If you breach any provision of these Terms or other applicable policies, or for any other reason, TB reserves the right to restrict, suspend, or terminate your use of the TB Web site and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.

Registered Users

If you use any of the TB Web site (or parts of those services) as a registered user, you may terminate your registered user account at any time. Doing so will delete your account and, because you can no longer use the service associated with that account, terminate the Terms with respect to that service. If you breach any provision of these Terms or other applicable policies, or for any other reason, TB reserves the right to restrict, suspend, or terminate your registered user account for any or all of the TB Web site and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions.

Currently, registered user accounts for tucsonbizz.com cannot be deleted solely for the Web site.

Sections 8, 10, 13 through 16, and 22 of these Terms will survive termination, and shall continue to apply indefinitely.

14. EXCLUSION OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE TB Web site IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE TB Web site, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE TB Web site OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE TB Web site.

THE TB Web site ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” TB AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE TB Web site, NOR DO THEY GUARANTEE THAT THE TB Web site WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE TB Web site WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TB (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE TB Web site, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF TB AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF TB (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE TB Web site SHALL NOT EXCEED THE AMOUNT YOU PAID TO TB FOR THE USE OF THE TB Web site.

16. Indemnification

You agree to indemnify, defend, and hold harmless TB (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of the TB Web site. TB reserves the right, at its election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with TB in connection with our defense.

17. Copyright Infringement

TB is committed to complying with U.S. copyright and related laws, and requires all users of the TB Web site to comply with these laws. Accordingly, you may not use the TB Web site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the TB Web site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending TB’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon TB’s receipt of a satisfactory notice of claimed infringement, TB will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the TB Web site or (ii) to disable access to the work(s). It is TB’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the TB Web site (or any part of those services) for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who TB, in its sole discretion, believes is infringing these rights. TB may terminate access to the TB Web site at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to TB. Upon TB’s receipt of a counter notification that satisfies the requirements of DMCA, TB will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that TB will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send TB a notification of claimed infringement to report alleged infringements of their works to:

Sofvue, LLC
Attn: Legal & Business Affairs
7558 W. Thunderbird Road, Suite 1-454
Phoenix, Arizona 85381
hello@tucsonbizz.com

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to TB, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with TB’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

18. Other Sites

The TB Web site contains links to other sites. Some of these other sites may be co-branded with TB branding and may look like features of the TB Web site, but these Web sites and resources are provided by companies or persons other than TB. TB does not control the terms of service or the privacy policies of these sites, and their terms and policies will govern your use of those sites and their use of any information you provide to them through those sites. You acknowledge and agree that TB is not responsible for the availability of any of these external sites or resources, and does not endorse any advertising, products or other materials on or available from these Web sites or resources. You acknowledge and agree that TB is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these Web sites or resources.

19. Changes to the Terms

TB reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, TB will make a copy of the updated Terms available at this web page and may also make any updated Terms available to you by e-mail, direct mail, or other reasonable means as selected by TB.

TB will make the updated Terms available to you before they take effect. You understand and agree that if you use the TB Web site after the date on which the Terms take effect; TB will treat your use as acceptance of the updated Terms.

20. Trademarks

TucsonBizz, a division of Sofvue, LLC,™ and the TB design logo are all trademarks or service marks of TB or its subsidiaries. All other trademarks and service marks appearing on the TB Web site are the properties of their respective owners.

21. General Legal Terms

The Terms constitute the whole legal agreement between you and TB and govern your use of the TB Web site, and completely replace any prior agreements between you and TB in relation to the TB Web site.

You agree that TB may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the TB Web site.

You agree that if TB does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TB has the benefit of under any applicable law), this will not be taken to be a formal waiver of TB’s rights and that those rights or remedies will still be available to TB.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

You acknowledge and agree that each member of the group of companies of which TB is the parent shall be third party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third party beneficiaries to the Terms.

The Terms, and your relationship with TB under the Terms, shall be governed by the laws of the State if Arizona, without regard to its conflict of laws provisions. By using the TB Web site, you consent to the exclusive jurisdiction of the state and federal courts in “Phoenix, Arizona”, in all disputes arising out of or relating to the Terms or TB Web site.

Revised and Effective: August 1, 2010