Date of previous revision: 9 December 2012
Date of previous revision: 23 December 2012 - Added explicit comment about not endorsing third-party products in Section 14.
Date of previous revision 3 October 2013 - Added explicit prohibitions Comments may not be used to advertise or include commercial links in Section 9.5.
Date of this revision 4 October 2013 - Added explicit limit to the number of Members that can sign up from a specific IP address. See Section 3.8 for details.
1. Statement of Rights and Responsibilities
This statement of rights and responsibilities ("Statement," "Terms") governs our relationship with users and others who interact with Internet sites and resources sponsored by Bucks and Brains, LLC, (collectively "Bucks and Brains"). By using or accessing Bucks and Brains, you agree to the Terms, which may be updated from time to time.
This Statement is an agreement between you and Bucks and Brains, LLC. References to “us,” “we,” and “our” represent Bucks and Brains, LLC.
Bucks and Brains, LLC, is located in Washington State, U.S.A. Users in the United States are subject to federal and local state laws. If you are accessing or using Bucks and Brains from outside the U.S.A., you consent to having your personal data, content, and other information posted on the site or transferred through messaging systems stored and processed in the United States.
We do what we can to safeguard your privacy but you are ultimately responsible for your posts and for managing your public and private information and activities in connection with Bucks and Brains.
We have installed extra security options on this site both for administrators and for users, but we cannot guarantee that the site is bullet-proof from information leaks or hacking, since no site is 100% perfect or safe. Software is constantly evolving and changing. However, access to your personal information is moderately secure as long as you create strong passwords and don't write them down or give them to your friends or colleagues.
Unlike many social networking sites we do not collect personal information or statistics for distribution or sale to third parties. We may run some low-key advertisements for third parties in the margins and will have some hyperlinks in the biographies. If you click on them to seek out information in the ads (e.g., books about starting a business), the offsite company may know where the link came from, but will not receive additional personal information about you from us. We cannot guarantee the authenticity of products and services mentioned in these ads, but we do try to vet them as much as our busy schedule allows, so that Bucks and Brains offsite ad links point to worthwhile resources.
We encourage you to seek out and read articles about privacy on the Internet so you can make informed decisions.
3. Respecting the Site and Protecting Other People's Rights
We expect you to respect other people's personal, business, and intellectual property rights.
You agree that
We reserve the right to remove any Content you post on Bucks and Brains, at any time, if we believe it violates this Statement or our policies, or if it denigrates the professional tone or intent of Bucks and Brains. If you feel your rights have been violated by other users, you can report misbehavior and we will look into it, time permitting, but remember, we are not awake 24 hours a day, we are not licensed to practice law, and we are not the police. If it is a serious violation, we recommend you contact the appropriate authorities and seek legal counsel.
If we remove Content that appears to infringe someone's intellectual property rights, and you believe we removed it in error, you may contact us and provide evidence of ownership and we will reconsider and act according to our best judgment.
If you repeatedly infringe other people's intellectual property rights or engage in malicious or illegal behavior, we will suspend your account and you may be banned permanently.
4. Sharing Your Content
You are responsible for familiarizing yourself with user privacy settings and for determining and managing how your personal information, public information, and Content is shared through your social networking and forum settings. The software is not perfect. All software on the Internet is constantly changing as software is essentially "works in progress," so you will need to familiarize yourself with both the features and limitations of the site and manage your Content accordingly.
You may not post or repost intellectual property or imply that you own Content belonging to others. This includes avatars. For avatars you may use your own photos or company logo, but not copyrighted images (e.g., cartoon characters or celebrity photos).
The Bucks and Brains, LLC, privacy philosophy is stated fairly simply:
To provide a feature-rich social networking experience, plugin applications may be added to Bucks and Brains from time to time and an application may ask permission to access your content and information as well as content and information that others have shared with you. Make sure you agree with any terms specific to that applicaton before accepting the agreement and using it as we cannot control every aspect of third-party plugins or applications. We make them available only as a courtesy and convenience.
When you publish Content in public areas, it means that you are allowing anyone to access and use that information, and to associate it with you (i.e., your public profile). Think of it as going to a public event like a baseball game or farmer's market where you may be viewed, approached, photographed, or otherwise watched and recorded by strangers.
Feedback and suggestions are appreciated but we do not have unlimited time and are not obligated to use suggestions or to compensate you for them.
We endeavor to keep a civil and safe venue, but we cannot guarantee it. Much of the responsibility lies with you.
You are permitted to promote your business, but only in sections explicitly designated for this purpose (e.g., in portions of blogs or the news release section of the forums). Get-Rich-Quick or Ponzi/pyramid schemes will not be tolerated. If you promise or promote unrealistic business expectations, your posting privileges will be suspended and you may be permanently banned.
You agree that you
6. Registration and Account Security
As this site is geared toward entrepreneurs and business people seeking to make connections and promote their businesses, we prefer that you use your real name or business name but, given privacy concerns on the Internet, you are permitted to use a handle if you wish. You agree that you will not impersonate other businesses or living individuals or use handles that violate any laws or which are in poor taste.
You are permitted to create one personal account per individual and one business account for each business. You may also create one additional business account for each business if you have another business representive (such as both Mom and Pop in a mom-and-pop business or a business with a designated promotional representative). Employees may not post under the business name but may register for personal accounts. If there are multiple partners in a registered business partnership, up to three primary partners may register accounts in the business name (e.g., MyBiz1, MyBiz2, MyBiz3).
Note that we cannot guarantee your business name is available since duplicate business names are permitted in different countries, states, and provinces. As with domain names, you may have to be creative if the name is already taken.
You agree to keep your contact information accurate and up-to-date.
You agree that you
If your account is suspended or banned, you will not create another account without appealing to Bucks and Brains, LLC, in writing for reinstatement, giving reasons for the request and reassuring us that you intend to behave in a professional manner in the future. Bucks and Brains has no obligation to reinstate suspended users but may choose to do so on an individual basis. You will not hold Bucks and Brains, LLC, responsible for any emotional, promotional, or image impact to yourself or your business in association with suspended accounts, whether you feel the suspension was justified or not.
For security purposes, we ask that you register separately for our social networking features and our forums but you agree to the same terms and conditions for the forums as you do for the social networking segment and other portions of Bucks and Brains.
We reserve the right to remove or reclaim an account name if we believe it to be inappropriate (such as when a trademark owner complains about a username that infringes IntProp, or a username that is, by our standards, in very poor taste).
We reserve the right to take the site offline at any time for maintenance, updates, or security reasons. If you are promoting a business or contest, we will endeavor to give you as much visibility as possible but we do not guarantee 24/7 operation since we ourselves are dependent upon many factors such as access through our ISP, stability of our Web-host, power fluctuations, the stability of software provided to us by other organizations, and even weather. If continuous visibility is important to your business, we suggest you put your eggs in more than one basket.
7. Mobile and Other Small Computerized Internet Access Devices
We are looking into providing mobile features for Bucks and Brains, but we cannot guarantee mobile access. Even if mobile access is available, we cannot guarantee all portions of the site will be visible in a mobile-friendly way. In the event that we support some mobile services, please be aware of the following:
In the event that portions of the site require subscription payments, you agree to payment terms posted with that service.
9. Promotional Advertising and Linking Offsite
If you post ads, or links to other sites, they must be in appropriate areas and must relate directly to your business, your business image, or be associated with pages that expressly provide educational information helpful to other business owners or entrepreneurs.
*Blogs that help other business owners grow their businesses are often very popular, so a regular blog on Bucks and Brains can help you build your reputation and visibility. It's a good community outreach tool as well as a good business-promotion tool and may be used according to the following limitations:
You are permitted to post news releases about your business activities in the appropriate topic area in the forums acccording to the terms posted there.
10. Developers/Operators of Applications and Plugins
We reserve the right to change these Terms. We will post the revised terms under the social network Terms section and will archive the prior Terms in a place where you can read and compare them. We do not anticipate frequent changes in terms, but sometimes a software upgrade to the site, legal reasons, or security needs will require revisions to the Terms. Amendments apply also to the use of our forums.
Your continued use of Bucks and Brains following changes to the Terms constitutes your acceptance of amendments.
13. Suspension or Termination
If you violate either the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for our members or for us, we can stop providing all or part of our services to you. We will notify you by email or at the next time you attempt to access your account. We reserve the right to delete your account or disable your application at any time for any reason.
14. Legal Disputes
We will take normal measures to administer Bucks and Brains so that users comply with the terms of agreement, but we cannot see every part of the site at all times and are not responsible for offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on Bucks and Brains. We are not responsible for the online or offline conduct of any user om Bucks and Brains. Although we provide rules for user conduct, we do not control or direct users' actions, and are not responsible for the Content users transmit or share.
If you pursue any cause of action, dispute, or claim that you have with us arising out of or relating to this Statement or your association with Bucks and Brains, it must be in a state or federal court located in Whatcom County, Washington State. The laws of the State of Washington, U.S.A., will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Whatcom County for the purposes of litigation.
If anyone brings a claim against us related to your actions or Content on Bucks and Brains, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You agree that you are using Bucks and Brains at your own risk. You accept that third-party products mentioned by members in the various areas of the site, including blogs and forums, are not vetted or endorsed by Bucks and Brains and that you are responsible for researching any products mentioned or linked on the site to determine if they are safe and legitimate.
We provide Bucks and Brains without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or user or Content security. We do not guarantee that BUcks and Brians will always be error-free, bug-free, safe or secure, or that it will always function without disruption or delays.
You agree that you will not hold Bucks and Brains, LLC, officers, directors, employees, or representatives responsible for any claims or damages, known or unknown, arising out of any claim you have against us, third parties associated with the site, or other users of the site. Our aggregate liability arising out of this Statement will not exceed $200 or the total amount you may have paid in subscriptions in the last twelve months. Depending on your location, certain limitations or exclusions may be overridden by local laws. In such cases, Bucks and Brains, LLC's, liability shall be limited to the fullest extent permitted by applicable law.
If you are included on the U.S. Treasury Department's list of Specially Designated Nationals or if you are located in a country embargoed by the United States, you agree that you will not engage in commercial activities on Bucks and Brains (such as advertising, promoting your business, or soliciting or accepting payments).
This Statement supersedes any prior agreements. You will not transfer any of your rights or obligations under this Statement to anyone else without our prior written consent from Bucks and Brains, LLC. You will comply with all applicable laws when accessing or using Bucks and Brains.
All of our rights and obligations under this Statement are freely assignable by us to new parties connected with a merger, acquisition, sale of assets, transfer by inheritence, or by operation of law or otherwise.
We reserve all rights not expressly granted to you.
15. Trademarks and Contact Information
Bucks and Brains is a trademark of Bucks and Brains, LLC. Brains and Bucks is a trademark of Bucks and Brains, LLC.
Mailing address: Bucks and Brains, LLC, PO Box 9, Bellingham, WA, 98227-0009