Terms

Terms

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.

 

2. Privacy

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

  1. you are legally responsible for all of the information and media ("Content") you post or otherwise distribute via Bucks and Brains,
  2. you will not post sensitive financial information (e.g., trade secrets) or sensitive personal information about other users on Bucks and Brains,
  3. you will not engage in any behavior that violates the law or post Content that violates the law,
  4. you will not infringe on Bucks and Brains, LLC, copyrights or trademarks, or to create or use confusingly similar marks,
  5. you will not assert or imply any personal or business association with Bucks and Brains, LLC, either on the Bucks and Brains site or offsite, without our express prior written permission.
  6. you will not impersonate Bucks and Brains, or send email invitations to non-users without their consent, or distribute any email "spam," "Trojan horse," or other malware implying that you are associated with Bucks and Brains.
  7. you will honor the terms set out in the Bucks and Brains FAQs. In instances where conflict is found between these Terms and the FAQs, these Terms shall take precedence.
  8. You will register multiple IDs from the same IP address. Due to abuse of the membership privileges, the number of members from one IP address will be limited to 10. If members do not voluntarily comply with this very reasonable request and restriction, we will install software to prevent more than 10 registrations.

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.

If you collect public information from our site about other users, you must obtain their consent, make it clear that it is you (and not Bucks and Brains) that is collecting the information, and post a privacy policy explaining what information you collect and how you will use it.


 

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:

  1. Unlike many online sites, we do not grant ourselves automatic rights to use your intellectual property ("IntProp") other than to display, view, or refer to them as you post them inasfar as is necessary to manage Bucks and Brains, including the creation of data backups and mirror sites for data redundancy or security. In our opinion, many websites exploit your rights by claiming broad rights to everything you post, sometimes in perpetuity.
  2. As per copyright laws, we are not responsible for policing your Content either—that is your responsibility. As an example, if another user steals your Content (e.g., original stories or images) and reposts on Bucks and Brains, you may report it and we will do what we can as a courtesy, but we are not authorized to practice law and it's not always clear who stole what from whom, so it is up to you to consult an attorney to aid you in addressing grievances. You cannot hold us responsible for intellectual property infringement by others. 
  3. Content related to site management may persist in backup archives for a reasonable period of time but will not be available to anyone not authorized by Bucks and Brains, LLC.

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.

 

5. Safety

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

  1. will not harvest information from Bucks and Brains by automated means (such as software robots, spiders, or scrapers),
  2. will not bombard the site (e.g., denial of service attack) or hack into the site or upload, install, or run malicious software,
  3. will not solicit login information for another user, attempt to impersonate another user, or access an account belonging to another user,
  4. will not post Content in public areas that is inappropriate for minors,
  5. will not engage in inappropriate private messaging with minors,
  6. will not use Bucks and Brains or your association with Bucks and Brains to bully, intimidate, libel or harass any individual or organization,
  7. will not post discriminatory or otherwise illegal Content such as hate speech, pornography, verbal or visual assaults,
  8. will not encourage others to engage in illegal or suicidal behavior,
  9. will not promote fraudulent business opportunities, pyramid schemes, or Get-Rich-Quick schemes,
  10. will not promote yourself or your business by using sweepstakes or raffle offers or other forms of promotion that may be illegal or which require special permits. Some forms of skill-testing contests may be permissible but they must conform to applicable laws and you must request permission of and submit details to the site administrator prior to launch.
  11. will not encourage others to violate this Statement or Bucks and Brains, LLC, policies.

 

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

  1. will not provide false information during the registration process or create an account for anyone other than yourself or your business,
  2. will not use a name, handle, or avatar that infringes on intellectual property rights or names of other entities,
  3. will not create more than one personal account,
  4. will not create an account if you are under 13 years of age,
  5. will not post ads for your business other than in designated areas,
  6. will not post links that are keyed with associate partner IDs for which you receive click-through or purchase compensation,
  7. will not share your account or your password or otherwise compromise the security of either your account or of Bucks and Brains,
  8. will not transfer your personal account to someone else to administer,
  9. will not tranfer your business account to someone else to administer without signed, dated, written authorization from the business owner. A copy must be sent by mail to Bucks and Brains, LLC, to keep on file.

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:

  1. Your mobile services carrier may charge fees for Internet site access (e.g., text messaging fees), for which you are solely responsible.
  2. You provide consent and all rights necessary to enable other users to contact you through mobile-device contact information posted by you in public areas.
  3. If you change or deactivate your mobile contact number, you agree to update your account information and Content on Bucks and Brains within 48 hours to ensure that messages are not sent to an incorrect recipient.

 

8. Payments

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.

You agree

  1. you will not post ads for your business, or any other business, other than in designated areas. Currently, you may post a business name and link in 1) your user profile, 2) any Bucks and Brains blogs that you write (according to the terms described below*), and 3) the news release portion of the forums.
  2. you will not post ads for businesses that are not yours or with whom you are not directly associated (see Promotional Advertising and Linking Offsite for more information),
  3. you will not use Bucks and Brains as a platform for associate program links. We encourage you to learn about earning money through associate programs but we ask that you not turn Bucks and Brains into a promotional venue for any business other than your own and that you do not use it as a way to post links from which you earn a portion of revenue from click-throughs. We reserve the right to be the only ones to post associate program links. We will do so order to try to develop a revenue stream to help finance this site so we can continue to improve it and keep it free for users. It is permissible for you to post a link in designated areas to a website managed by your business that includes associate links (just no direct associate links from the Bucks and Brains™ site).
  4. you will not post links to sites or pages promoting fraudulent or illegal goods.
  5. you will not post links to commercial sites or to promote products in the Comments section. Comments must be genuine responses to the blog or file to which they are attached. Promotional comments will be removed by the moderator and the comment-poster's account may be suspended at the moderator's discretion. Purely informational links (e.g., if there is a blog about a painting and a commenter ads a link to a copy of that painting, that may be permitted, providing it is not on an overtly commercial site). The definition of "informational link" is at the discretion of the moderator.

*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:

  1. You are permitted to post a link in your blog to your business or associate program website (but not actual keyed associate program links) provided that at least 85% of the Content of the first part of each blog is helpful in educating other users in starting or running a business or engaging in business investment. For example, if you want to write and illustrate a blog about how to start a store on one of the many Web-based auction sites, it is permissible to link to your store and even to your currently running auctions in the bottom 15% of each blog entry. Do not abuse this privilege—excessive self-promotion in your blogs or on the forums may result in account suspension. (As an example, a link to www.yourbusinessname.com is permitted but a link to something like www.associateprogramhost.com/yourassociateID/productID is not. As mentioned, you may link to currently running auctions or sales in your own offsite stores but not to auctions or store products sponsored by others. It is permissible to link to a page consisting primarily of educational content. For example, you may link to an article on starting a business, or a list of course offerings in the business department of a university.)

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 

If you are a developer or operator of an application or plugin (collectively "App") installed on Bucks and Brains, we expect you to have a privacy policy in place and that you honor it, that you request only as much information as is necessary to run the App and that you not store the information for other purposes, and that you not use the App as a way to harvest private information about our users, to monetize information on our users, or to link them, without their consent, to other sites.

  1. You agree to make it easy for users to stop or disconnect from the App if it runs separately from the site foundation or core services, and you will not associate any ads with the App. Customer support for applications and plugins is the developer's/operator's responsibility,
  2. You agree that we may issue a news release describing our relationship with you with regard to running your App on Bucks and Brains,
  3. You give us the right to link to or frame your application, and place content, including ads, in association with your application,
  4. You give us the right to analyze your application, content, and data for any purpose, including commercial uses,
  5. You agree that we may ensure your application is safe for our users, that we can evaluate and audit it,
  6. We reserve the right to create applications that offer similar features and services to, or otherwise compete with, your application,
  7. You agree that you will not represent yourself as a direct associate of Bucks and Brains unless you have an express, prior written agreement with Bucks and Brains, LLC.

 

 

11. About Advertisements on Bucks and Brains

Bucks and Brains costs money to run and manage. We do not currently charge our users for the privilege of posting or meeting people. To help cover our expenses, we will run a small number of low-key ads for products we feel are directly helpful to business owners and entrepreneurs. For example, we may evaluate thirty books on how to write a good business plan and list ads for two or three of the books which, in our opinion, are the best. We may also include a donation button for those who would like to help us finance and improve our services.

 

 

12. Amendments

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.

If portions of this Statement are found to be unenforceable, the remaining portions will retain full force and effect. If we fail to enforce any portion of this Statement, it will not be considered a waiver.

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