Breezio

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Terms of Service

A Note from the Team

At Breezio, our mission is to create an online community to enhance opportunities to collaborate and significantly reduce time to solve common problems. We offer a broad range of services, and we are continuously adding to our list of supported services, which means, you can meet, discuss, learn, and engage in conversation with colleagues. We do ask that you treat our service and community with respect. Spam, personal attacks, and abusive language will not be tolerated on the Breezio platform. If you come across anything on the platform that looks like it violates our policies, please let us know.

Accepting the Terms of Service

Breezio is a Maryland software corporation. Please read these terms of service ("Agreement") carefully before entering the platform or any services provided on Breezio (collectively, "Services"). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by the End User ("End User" or "You") through your association with the Subscriber (“Subscriber”) under the following terms and conditions:

1. Access to the Services

Subject to the terms and conditions of this Agreement, Breezio may offer to provide the Services which are selected by the Subscriber, solely for Subscriber's own use, and not for the use or benefit of any other third party. Services shall include, but not be limited to, the Services Breezio performs for Subscriber.

Breezio or Subscriber may change, suspend or discontinue the Services at any time, including the availability of any feature, application, or Content. Breezio may also impose limits on certain features and services or restrict End User's access to parts or all of the Services without notice or liability. Breezio reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on Subscriber’s portal and by providing notice via e-mail. End User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by End User following such modification constitutes End User's acceptance of the terms and conditions of this Agreement as modified.

End User certifies to Breezio that You are an individual (i.e., not a corporate entity) at least 13 years of age. No one under the age of 13 may provide any personal information to or on Breezio (including, for example, a name, address, telephone number or email address). End User also certifies that You are legally permitted to use the Services, and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services are revoked in such jurisdictions. Breezio makes no claim that the Services may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Network from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.

Breezio will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Network and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Breezio to minimize such disruption where it is within Breezio's reasonable control.

You agree that neither Breezio nor the Network will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Services, any Subscriber Content, or other Content. Breezio retains the right to create limits on use and storage in its sole discretion at any time with or without notice.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. Network Content

The Services and its contents are intended solely for the use of the End Users authorized by Subscriber and may only be used in accordance with the terms of this Agreement. All materials displayed or performed, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, code, software or source code, audio and video, and animations (collectively, "Content") (other than Content posted by Subscriber ("Subscriber Content")) are the property of Breezio and/or third parties and are protected by United States and international copyright laws.

All trademarks, service marks, and trade names are proprietary to Breezio and/or third parties. Subscriber and End User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. End User may download or copy the Content, and other items displayed for download, for personal use, provided that End User maintains all copyright and other notices contained in such Subscriber Content. Any other downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from the copyright holder identified in such Content's copyright notice.

3. Subscriber Content

You agree that all Subscriber Content that You contribute to Breezio is perpetually and irrevocably licensed to Breezio under the Creative Commons Attribution Share Alike license. You grant Breezio the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so in any medium now known or hereinafter developed ("Content License") in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You. Subscriber and End User warrants, represents and agrees Subscriber has the right to grant Breezio the rights set forth above. Subscriber and End User represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Breezio reserves the right to remove any Subscriber Content, re-post any Subscriber Content removed by any End User or former End User, suspend or terminate End User's right to use the Services at any time, or pursue any other remedy or relief available to Breezio under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Breezio is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

In the event that You post or otherwise use Subscriber Content outside of the Services, whether such Subscriber Content was created by You or others, You agree that You will follow the attribution rules of the Creative Commons Attribution Share Alike license as follows:

• You will ensure that any such use of Subscriber Content visually display or otherwise clearly indicate the author names for every piece of content shared.
• You will ensure that any such Internet use of Subscriber Content Hyperlink each author name directly back to his or her user profile page on the source site, directly to the domain, in standard HTML (i.e. not through a Tinyurl or other such indirect hyperlink, form of obfuscation or redirection), without any "nofollow" command or any other such means of avoiding detection by search engines, and visible even with JavaScript disabled.

4. Restrictions

End User is responsible for all of its activity in connection with the Services and accessing Breezio. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of End User's right to Services or to access Breezio. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other End User under the Subscriber’s portal.

Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will End User use the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.

5. Warranty disclaimer

Breezio has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Breezio has no control over, and no duty to take any action regarding: which users gains access to Subscriber’s portal; which Content Subscriber accesses the Subscriber’s portal; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Subscriber’s portal is provided by and is the responsibility of the End User or Subscriber who posted the Content. Breezio does not monitor the Content of the Network and takes no responsibility for such Content. End User and Subscriber releases Breezio from all liability for End User having acquired or not acquired Content through the Network. The Network may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Breezio makes no representations concerning any content contained in or accessed through Subscriber’s portal and Breezio will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Subscriber’s portal.

Although Breezio and the Subscriber will make reasonable efforts to store and preserve the material residing on Subscriber's portal, neither Breezio nor the Subscriber is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on Subscriber’s portal. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on Subscriber’s portal.

The Services, Content, and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Breezio makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

To the fullest extent allowed by law, Breezio disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on Subscriber’s portal. By using Subscriber’s portal, you acknowledge that Breezio is not responsible or liable for any harm resulting from (1) use of Subscriber’s portal; (2) downloading information contained on Subscriber’s portal including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to End Users.

6. Third party websites

End Users may gain access to third party sites on the Internet through hypertext or other computer links on Subscriber’s portal. Third party sites are not within the supervision or control of Breezio. Unless explicitly otherwise provided, Breezio make any representation or warranty whatsoever about any third party site that is linked to Subscriber’s portal, or endorse the products or services offered on such site. Breezio disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Breezio with respect to such sites and third party content.

7. Registration and security

As a condition to using Services, Subscriber may require You to register with Breezio and select a password and profile name. End User shall provide Subscriber with accurate, complete, and updated registration information, including End User's e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of End User's account. End User may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than End User without appropriate authorization. Breezio reserves the right to refuse registration of, or cancel a profile name in its discretion. End User shall be responsible for maintaining the confidentiality of End User's password. End User is solely responsible for any use of or action taken under End User's password and accepts full responsibility for all activity conducted through End User's account and agrees to and hereby releases Breezio from any and all liability concerning such activity. End User agrees to notify Subscriber and Breezio immediately of any actual or suspected loss, theft, or unauthorized use of End User's account or password. Breezio will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.

8. Indemnity

End User will indemnify and hold Breezio, its directors, officers and employees, harmless, including costs and attorney's fees, from any claim or demand made by any third party due to or arising out of End User's access to Subscriber’s portal, use of the Services, the violation of this Agreement by End User or Subscriber, or the infringement by End User or Subscriber, or any third party using the End User's account, of any intellectual property or other right of any person or entity.

9. Limitation of liability

In no event shall Breezio, its directors, officers, shareholders, employees or members be liable with respect to Subscriber’s portal or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Network, errors or omissions; or (d) damages related to downloading or posting Content. Breezio's and the Subscriber's collective liability under this agreement shall be limited to two hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to End User.

10. Termination

Either party may terminate the Services at any time by notifying the other party by any means. Breezio may also terminate or suspend any and all Services and access to Subscriber’s portal immediately, without prior notice or liability, if End User breaches any of the terms or conditions of this Agreement. Upon termination of End User's account, End User's right to use the Services, access to Subscriber's portal, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Services shall not relieve End User of any obligations arising or accruing prior to such termination or limit any liability which End User otherwise may have to Breezio or Subcriber, including without limitation any indemnification obligations contained herein.

11. Privacy

Please review our Privacy Policy, which governs the use of personal information on Subscriber’s portal and to which End User agrees to be bound as a user of Subscriber’s portal.

12. Miscellaneous

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, Subscriber and Breezio with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Breezio shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Breezio's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by End User except with Breezio's prior written consent. Breezio may assign this Agreement in whole or in part at any time without End User's consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and End User or Subscriber does not have any authority of any kind to bind Breezio in any respect whatsoever. Any notice to the End User that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to copyright@breezio.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Breezio Inc., 30 West Gude Drive, #150, Rockville, MD 20850 Attn: Legal Dept.

13. Copyright Policy

Breezio has adopted the following policy toward copyright infringement with respect to the Network in accordance with the Digital Millennium Copyright Act. The address of Breezio's Designated Agent for copyright takedown notices ("Designated Agent") is listed below.

Reporting Copyright Infringements

If You believe that content residing or accessible on the Subscriber’s portal infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below (all received notices will be posted in full to Chilling Effects Clearinghouse):

• Identification of the work or material being infringed.
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Breezio is capable of finding and verifying its existence.
• Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.

The Notifying Party's physical or electronic signature.

After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Breezio shall:

• Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed on Subscriber’s portal.
• Breezio will then immediately notify Subscriber and the individual responsible for the allegedly infringing material (the Offending End User) that it has removed or disabled access to the material.
• Breezio reserves the right, at its discretion, to immediately terminate the account of any End User who is the subject of repeated takedown notices.

Filing Copyright Counterclaims

A subscriber who believes they are the wrongful subject of a copyright takedown notice may file a counter notification with Breezio by providing the following items in writing to the Designated Agent at the address below (all received notices will be posted in full to Chilling Effects Clearinghouse):

• The specific URLs of material that Breezio has removed or to which Breezio has disabled access.
• User's name, address, telephone number, and email address.
• A statement that End User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States) , and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
• The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
• End User's signature.

Upon receipt of a counterclaim, Breezio will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Breezio does not receive any such notification within 10 days, we may restore the material to the Network.

Designated Agent
Attn: Copyright Agent
Breezio, Inc.
7361 Calhoun Pl, #475
Rockville, MD 20855
Email: copyright@breezio.com