COPYRIGHT NOTICE. Copyright © 2007 myBiQ LLC ("myBiQ"). All rights reserved. PATENT NOTICE. Patents pending. COMPANY REGISTRATION. myBiQ is registered as a Limited Liability Corporation in the State of New Jersey. REGISTERED ADDRESS. myBiQ LLC, 12 Lozier Road, Mount Olive - Budd Lake, New Jersey, NJ 07828-1108. U.S.A.
TERMS AND CONDITIONS OF USE
IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO MYBIQ LLC ("myBiQ"), AND "YOU" AND "YOUR" REFER TO YOU. Before using web sites operated by myBiQ, please read this agreement relating to your use of this website carefully.
1. ACCEPTANCE OF TERMS
By using this web site and/or other web sites operated by myBiQ ("myBiQ Web Sites"), you agree to be bound by these terms and conditions of use ("Terms"). If you do not agree to these Terms, please do not use myBiQ Web Sites. myBiQ provides the information and services on myBiQ Web Sites to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of myBiQ Web Sites constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to myBiQ Web Sites. Your continued use of the myBiQ Web Sites website following the posting of changes to these Terms will mean that you accept those changes.
In addition, each user's use of a particular service provided on myBiQ Web Sites ("Service") may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms. Use of myBiQ Web Sites and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use myBiQ Web Sites or any of its Services, as defined herein, and should refrain from accessing myBiQ Web Sites and its Services.
To update the Terms, we will both post the changed version and its effective date on our main web site at http://www.myBiQ.com. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service. myBiQ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, myBiQ Web Sites or any Service thereon (or any part thereof). myBiQ shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using myBiQ Web Sites, you warrant to myBiQ that you will not use myBiQ Web Sites, or any of the content obtained from myBiQ Web Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the myBiQ Web Sites automatically terminates.
3. DESCRIPTION OF SERVICE
myBiQ Web Sites are owned and operated by myBiQ for the purpose of fostering software development and content creation under Open-Source Initiative ("OSI")-approved licenses or other arrangements relating to software and/or content development that may be approved by myBiQ (the "Purpose").
myBiQ currently offers users access to a rich collection of on-line resources for Open Source software development and content creation on myBiQ Web Sites, including various communications tools, issue tracking, product roadmaps, project tracking, online forums, personalized content, and branded programming (collectively, the "Services"). To use these myBiQ Web Sites Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.
4. REGISTRATION OBLIGATIONS
myBiQ requires registration for certain Services, including the ability to post on online forums. Where registration is required, each user must: (a) provide true, accurate, current and complete information on the Service's registration forms (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive a password and account designation upon completing the registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. myBiQ cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify myBiQ of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
myBiQ Web Sites handles user Registration Data in accordance with the myBiQ Web Sites Privacy Statement accessible on our main web site at http://www.myBiQ.org.
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever ( collectively, "Content"), whether publicly posted on or privately transmitted via myBiQ Web Sites, are the sole responsibility of the person from which such Content originated. This means that the user, and not myBiQ, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via myBiQ Web Sites or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on myBiQ Web Sites and/or any Service which, in the judgment of myBiQ, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.
myBiQ will not pre-screen or review Content, but myBiQ reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, myBiQ shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal.
myBiQ, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of myBiQ, myBiQ Web Sites users and the public. myBiQ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will myBiQ be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via myBiQ Web Sites or any Service thereon.
Each user, by using myBiQ Web Sites or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CODE AND OTHER CONTENT POSTED ON MYBIQ WEB SITE
Use, reproduction, modification, and other intellectual property rights to data posted by any user on myBiQ Web Sites ("Source Code") shall be subject to the OSI-approved license applicable to such Source Code, if any, or to such other licensing arrangements that may be approved by myBiQ as applicable to such Source Code.
7. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
myBiQ may establish general practices and limits concerning use of myBiQ Web Sites Services, as defined by posted Service-specific Rules. While myBiQ will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, myBiQ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. myBiQ reserves the right to change these general myBiQ Web Sites practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
We may terminate a myBiQ Web Sites user's account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of myBiQ Web Sites or any myBiQ Web Sites Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.
Our termination of any user's access to myBiQ Web Sites or any Service hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user's account and/or bar any further access to myBiQ Web Sites, Services, and Content. myBiQ shall not be liable to any myBiQ Web Sites user or other third party for any termination of that user's myBiQ Web Sites access or account hereunder.
myBiQ, any Service or a third party may provide links to other web sites. myBiQ exercises no control whatsoever over such other non-myBiQ websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. myBiQ shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of web sites linked to myBiQ Web Sites, including information, material, products and services therein, is solely at your own risk.
myBiQ Web Sites's privacy statement is applicable only when you are on myBiQ Web Sites. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
Each user shall indemnify, defend and hold harmless myBiQ, its affiliates and their respective officers, employees and agents, and each of myBiQ's Web Site partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of myBiQ Web Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
12. DISCLAIMER OF WARRANTIES
EACH USER'S USE OF MYBIQ WEB SITES AND MYBIQ WEB SITE SERVICES IS AT HIS OR HER SOLE RISK. MYBIQ WEB SITES AND MYBIQ WEB SITES SERVICES SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MYBIQ ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER OF MYBIQ WEB SITES WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MYBIQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, MYBIQ MAKES NO WARRANTY THAT (i) MYBIQ WEB SITES OR ANY MYBIQ WEB SITES SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF MYBIQ'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, MYBIQ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYBIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE MYBIQ WEB SITES OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MYBIQ WEB SITES OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO MYBIQ WEB SITES OR ANY SERVICE. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN MYBIQ AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, MYBIQ DOES NOT AND CANNOT CONTROL THE ACTIONS OF MYBIQ WEB SITES USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO MYBIQ WEB SITES OR ANY SERVICES. OPERATION OF MYBIQ WEB SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY MYBIQ.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL MYBIQ, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH MYBIQ WEB SITES, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that you have a dispute with one or more myBiQ Web Sites users, you release myBiQ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Without limiting any other remedies, myBiQ may suspend or terminate your myBiQ Web Sites account if we suspect that you have engaged in fraudulent activity in connection with myBiQ Web Sites or any myBiQ Web Sites Service.
16. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of myBiQ Web Sites and all of its Services.
17. NO AGENCY
You and myBiQ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
18. TRADEMARK INFORMATION
myBiQ, the myBiQ logo device, the myBiQ CPM Project, the myBiQ BPM Project, and/or other myBiQ products referenced herein are either registered trademarks or trademarks of myBiQ in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. Kettle, myBiQ are trademarks or registered trademarks of myBiQ LLC in the U.S. and other countries. Jasper , JasperReports are trademarks or registered trademarks of Jaspersoft Corporation in the U.S. and other countries.
myBiQ requires that the people who use the myBiQ Web Sites respect the intellectual property rights of others. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing the following information in writing: the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; identification of the copyrighted work that you claim has been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit myBiQ to locate the material; your name, address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. If myBiQ receives such a claim, myBiQ reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is Philip Friedland, myBiQ, 12 Lozier Road, Mount Olive, NJ 07828-1108, pfriedland@myBiQ.com
After receiving a claim of infringement, myBiQ will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, myBiQ will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. myBiQ will take reasonable steps promptly to notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, myBiQ will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten business days. Additionally, myBiQ will replace the removed material and cease disabling access to it not less than 10, nor more than 14 business days following receipt of the counter notice, unless myBiQ's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the myBiQ Web Sites system or network.
You may provide us with a Counter Notification by providing our copyright agent the following information in writing: your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which myBiQ may be found and that you will accept service of process from the person who provided the initial notification of infringement.
20. RESOLUTION OF DISPUTES
In the event a dispute arises between you and myBiQ, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and myBiQ agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
Amicable resolution. Before resorting to the other alternatives below, we strongly encourage you to first contact us directly to seek an amicable resolution through dialog. Alternative Dispute Resolution. Alternatively, myBiQ will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or myBiQ may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, it shall be held in Orange County, Florida or another location mutually agreed upon by the parties. In all such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Mount Olive, New Jersey or where the defendant is located (in our case Mount Olive, NJ, and in your case your home address or principal place of business). You and myBiQ agree to submit to the personal jurisdiction of the courts located within the county of Orange County, Florida. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
21. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and myBiQ and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and myBiQ shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Florida. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
22. VIOLATIONS OF TERMS
Please report any violations of the Terms to myBiQ at office@myBiQ.com
26. ADDITIONAL TERMS
The following policies are incorporated into these Terms by reference and provide additional terms and conditions related to specific services offered on myBiQ Web Sites:
Each of these policies may be changed from time to time and are effective immediately after we post the changes on myBiQ Web Sites, except for the Privacy Statement for which we will provide you with fifteen (15) days prior notice. In addition, when using particular services on myBiQ Web Sites, you agree that you are subject to any posted policies or rules applicable to services you use through myBiQ Web Sites, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into these Terms.