my Business-in

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Terms and Conditions of myBusinessin

myBusinessin.com is a professional networking service that allows Members professionals find and connect with other professionals more effectively. myBusinessin users can create unique professional profiles online in order to make contact with thousands of professionals who are users of the myBusinessin Service.


PREAMBLE

This agreement describes the terms on which you may access and use our services.
This Terms of Use Agreement sets forth the legally binding terms for your use of the myBusinessin Services.
In order to become a myBusinessin user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms of this Agreement and to follow all applicable laws, you should leave the myBusinessin Website and discontinue the use and access of the myBusinessin Services immediately.
By becoming a member of myBusinessin and using the myBusinessin Services you agree to be bound by this Agreement and to comply with the present conditions of use.
Subscription to one or several services together with the use of the present site implies full and complete acceptance by the member of the present conditions.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the myBusinessin service indicates your acceptance of the amended User Agreement.

You can print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the "Terms & Conditions" link that appears on myBusinessin.com.


Article 1 - Joining myBusiness-in

Membership Eligibility
The myBusinessin Service is not available to minors under the age of 18 or to any users suspended or removed from the system by myBusinessin for any reason.

Equipment and means of communication
Equipment (computer, software, means of telecommunication, etc.) used to access the myBusinessin service are under your exclusive responsibility, as are the telecommunication costs incurred by their use.

Personal information
You guarantee that the data you share with us is accurate and true. You agree to provide a real email address, of which you are the actual owner. You waive any claim and/or legal action against myBusinessin if you do not to receive service messages from myBusinessin sent by email to the address you have provided.

MyBusinessin Communications
In the course of providing you services, myBusinessin may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the myBusinessin Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the myBusinessin Service.

MyBusinessin Registration
In order to use many of the Website's features, you must set up an account using the online registration form. You are free to modify this section (cf "account"), the retention of your connection data, which is subject to our policies on Personal Data you provide on the form at any time. Upon registering, you will be sent an email containing an hyperlink that must be clicked in order to confirm your registration. You may access your account by entering your username and password in the login fields on the homepage. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website. We reserve the right to terminate your account at any time. Failure to comply with the Terms or any other policy of myBusinessin may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.


Article 2 - Use of myBusinessin

By using myBusinessin, you specifically agree to observe the following rules:

  • To provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.
  • To comply with the applicable laws in force.
  • To respect the rights of third parties as well as the present provisions.
  • To deal in good faith with myBusinessin and other users.

 

User Conduct
You understand and agree not to use the myBusinessin Service to:

  • Post content, initiate communications, upload, post, transmit, share, store or otherwise make available any content which are unlawful, libelous, abusive, obscene, discriminatory, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Use the myBusinessin Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • Use the myBusinessin Service for any illegal purpose, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  • harvest or collect email addresses or other contact information of other users from the myBusinessin Service;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized communication, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to a) Using myBusinessin invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using myBusinessin to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
  • Upload, post, email, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the myBusinessin Service.
  • Interfere with or disrupt the myBusinessin Service or servers or networks connected to the myBusinessin Service, or disobey any requirements, procedures, policies or regulations of networks connected to the myBusinessin Service.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

User Content Posted on the Site & Information Provided
While using the myBusinessin Service, users may provide information about themselves which may be visible to other users. Please choose carefully the information you post on or through the myBusinessin website.
You understand that by posting materials on the myBusinessin website or otherwise providing materials to myBusinessin, you are granting to myBusinessin Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the myBusinessin service. Furthermore, you understand that myBusinessin retains the right to reformat, excerpt, or translate any materials submitted by you. Consequently, myBusinessin has a right of use over all contributions to discussion forums it operates.
You understand that all information publicly posted or privately transmitted through the myBusinessin is the sole responsibility of the person from which such content originated and that myBusinessin will not be liable for any errors or omissions in any content.
You understand that myBusinessin cannot guarantee the identity of any other users with whom you may interact in the course of using the myBusinessin Service.
Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

myBusinessin reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by users, or to deny, restrict, suspend, or terminate users access to all or any part of the myBusinessin Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

myBusinessin expressly reserves the right to remove any user's profile and/or deny, restrict, suspend, or terminate any user's access to all or any part of the myBusinessin Services if myBusinessin determines, in its sole discretion, that user has violated this Agreement or pose a threat to myBusinessin and/or its Users.


You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.
You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

By posting User Content to any part of the Site, you grant myBusinessin an unlimited, irrevocable and assignable right of use for the respective contribution, which myBusinessin is entitled to utilize for any purpose.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software.

myBusinessin reserves the right at any time to change or modify the pages of its website, the services, prices and/or conditions of use applicable thereto.
These modifications shall become effective as soon as they are put online on the www. myBusinessin.com site and will not constitute a cause for termination by a member of his/her myBusinessin subscription.
Failing that, you shall be deemed to have accepted these modifications by continuing to use the www. myBusinessin.com site.
Members are therefore invited to view the most recent online version on the site. A member's presence on the site implies his/her full acceptance of any revision or modification of the www. myBusinessin.com site.

Login & Password
Once registered, when you sign up to become a Member, you will be given one or several personal and confidential login(s) and password(s). You are entirely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge.
You agree not to use the account, login, username, or password of another Member at any time or to disclose your password to any third party. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated.
You agree to immediately notify myBusinessin of any unauthorized use of your password or account or any other breach of security. You are solely responsible for any and all use of your account.
myBusinessin does not have the means to check the identity of people registering for its services. myBusinessin will not be held responsible for any alleged or actual identity theft.
When a member wishing to invite a contact provides myBusinessin with his or her email address, he warrants having received this friend's prior consent (actual or implied) authorizing their data to be used by myBusinessin. It is solely responsible for the consequences of the transmission to myBusinessin of the coordinates of his/her contact(s).
myBusinessin reserves the right to deactivate the accounts of members who have not connected to the service for a period of 6 (six) months or more.

myBusinessin cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


Article 4 - Data Confidentiality

The data that may be stored on myBusinessin is exclusively intended to help you use myBusinessin and build your professional network. In accordance with the European Law you have a right of access, rectification and deletion of your data.

You can exercise this right by writing to the customer service department at the following address:
myBusinessin
Attn: Customer service department
La Turche, 74340 Samoëns, France

You understand that some non-personal data may be collected such as the version of your browser (Netscape, Internet Explorer, etc...), of your operating system (Windows, Mac, Linux, etc...) and your IP address.
myBusinessin uses cookies when you visit our site, so that you do not have to enter the same information every time you access a page. You may deactivate the use of cookies by changing your preferences in your Internet browser.

Your profile information is accessible on myBusinessin. You therefore expressly authorize myBusinessin to reproduce and distribute your data throughout all or part of myBusinessin or via email. If you do not want myBusinessin to reproduce or distribute this data, you may terminate your myBusinessin account according to the conditions set forth in the Termination article 6 below.


Article 5 - Data Storage and Proof

The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, videos uploaded, comments posted, and other activity within the Website. Registration forms are stored on reliable and durable media, as required by law. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative and controlling.


Article 6 - Intellectual Property

The trademarks, logos, graphics, photographs, animations, videos and texts included on the myBusinessin Website are the intellectual property of myBusinessin or its partners and may not be reproduced, used or represented by third parties without the express authorization of myBusinessin or they will be prosecuted.
Usage rights are only granted by myBusinessin under digital format on your computer for the purpose of viewing the pages accessed by your browser. Hard copy printing is authorized for exclusive private purposes. Any other use is prohibited without the prior consent of myBusinessin.
You are specifically prohibited from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and/or distributing in any manner whatsoever the services, pages from the www.myBusinessin.com website or the computer codes of the items making up the services and the www.myBusinessin.com site.
myBusinessin is licensed to use the intellectual property rights associated with the content provided by members for the purpose of communication on the www.myBusinessin.com site. This license specifically grants myBusinessin the right to reproduce, represent, adapt, translate, digitize, use for advertising, commercial or non commercial purposes, to sub-license or surrender any of your content (information, description, etc.).
You hereby grant to myBusinessin a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content through the myBusinessin Services. The license you grant to myBusinessin is non-exclusive (meaning you are free to license your Content to anyone else in addition to myBusinessin), fully-paid and royalty-free (meaning that myBusinessin is not required to pay you for the use on the myBusinessin Services of the Content that you post), sublicensable (so that myBusinessin is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the myBusinessin Services), and worldwide (because the Internet and the myBusinessin Services are global in reach).

You represent and warrant that: (a) you own the Content posted by you on or through the myBusinessin Services or otherwise have the right to grant the license set forth in this Section 6, and (b) the posting of your Content on or through the myBusinessin Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the myBusinessin Services.

You expressly authorize myBusinessin to modify the aforementioned content to respect the graphic appearance of the www. myBusinessin.com site or other communications media cited above and/or make it compatible with its technical performance requirements or the formats of related media.

You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. myBusinessin has the right to terminate the Membership of infringers.

By making your Content accessible to other users (as individuals and/or as a group), you agree to allow any users of the Website to view and transmit your Content on or through the Website and any other electronic communication media or technology, now known or later developed, for the entire period in which your Content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted - including your Content - cannot be protected against the risks of misappropriation and/or piracy, for which myBusinessin shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable. In addition, for the entire period in which your Content is hosted, you grant myBusinessin the non-exclusive, royalty free right and license to reproduce and display your Content, in whole or in part, and to display, perform, distribute and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of your Content as necessary for the purposes of reproduction, display and transmission.

If you believe that any material on the myBusinessin Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Legal department.


Article 7 - Terminating your Account

You agree that myBusinessin may, with or without cause, immediately and unilaterally terminate your myBusinessin account and access to the myBusinessin Service without prior notice and without notification or compensation.
You agree that all terminations shall be made in myBusinessin's sole discretion and that myBusinessin shall not be liable to you nor any third-party for any termination of your account or access.

The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
A good cause is defined as an event which makes it unacceptable or impossible for myBusinessin to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of myBusinessin against the User's.

A good cause includes any the following events:

  • If the User fails to comply with any applicable legal provisions
  • If the User breaches a contractual obligation
  • If the reputation of the services offered on the myBusinessin Web sites is substantially impaired by the online-presence of the User.
  • If the User promotes any companies, products or services which are competitors to the myBusinessin services.
  • If the User promotes any communities or associations which are under surveillance by authorities responsible for public safety or the protection of minors, or;
  • If the User causes harm to any other user(s)
  • If the User is a member of a religious sect or a denomination that is controversial.

In the event of a good cause myBusinessin has the right to terminate the contract and is entitled to: Delete the contents posted by the User, Issue a warning, or Block the User's access to the services on the myBusinessin Web site.


Article 8 – Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless myBusinessin Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from a) your use of the myBusinessin Service; b) unauthorized access to or alteration of your communications with or through the myBusinessin Service, or c) any other matter relating to the myBusinessin Service. Any business transactions which may arise between users from their use of myBusinessin are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that myBusinessin may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of myBusinessin, its users, and the public.


Article 9 – Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE MYBUSINESSIN SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT MYBUSINESSIN DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. MYBUSINESSIN ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. MYBUSINESSIN 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.
MYBUSINESSIN MAKES NO WARRANTY THAT (a) THE MYBUSINESS-N SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE MYBUSINESSIN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MYBUSINESSIN SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MYBUSINESSIN SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MYBUSINESSIN SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYBUSINESSIN OR THROUGH OR FROM THE MYBUSINESSIN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Article 10 – Entire Agreement

The User Agreement constitutes the entire agreement between you and myBusinessin and governs your use of the myBusinessin Service, superseding any prior agreements between you and myBusinessin.


Article 11 – Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYBUSINESSIN COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS 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 MYBUSINESSIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL MYBUSINESSIN'S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.


Article 12 – Governing Law

These terms and conditions are governed, interpreted and applied according to French law without regard to conflict of laws principles, and the version in the French language will be used in the case of any dispute or claim arising from the meaning of any term or these terms and conditions of sale and use.


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