Terms & Conditions

LAST UPDATED: JANUARY 2017

Bizly, Inc. (“Bizly“), has created this mobile application, website, and web-based application at www.bizly.com (collectively, the “Application”) to provide individuals and businesses with a convenient forum to view information about meeting rooms and other conference space (“Meeting Rooms”) that are available for short term rental and the ability to reserve such Meeting Rooms.

To assist you in using the Application and associated Services, and to ensure a clear understanding of the relationship arising from your use of the Application and participation in these Services, we have created (i) these Terms of Use (the “Terms“), and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information that you provide to us through the Application, and our Terms govern your use of our Application. Our Terms and Privacy Policy apply to anyone accessing our Application (collectively, “you“), including (i) casual visitors to our website who do not sign up for an account on the Application (“Site Visitors“), and (ii) users who have registered with Bizly to use the Application (“Registered Users“). The terms “Bizly,” “we,” “us” and “our” refer to Bizly, Inc.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE APPLICATION OR PARTICIPATE IN OUR SERVICES. BY ACCESSING OR REGISTERING TO USE THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OUR WEBSITE OR APPLICATION OR REGISTER TO PARTICIPATE IN OUR SERVICES.

 

• Your Agreement. These Terms govern: (i) your use of the Application; (ii) Registered Users’ receipt of, and participation in, Bizly’ services offered through the Application, including those set out in Section (Our Services; Overview) (collectively, the “Services“); (iii) Registered Users’ provision of content, including reviews, photographs, videos, or other information in connection with participating in our Services (“User Content“); and (iv) your use of information obtained through our website or the Application, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Bizly or our licensors and made available to you through the Application or Services (collectively, the “Bizly Content“). Please read these Terms carefully; they impose legal obligations on you and on Bizly, and establish our legal relationship. By using the Services or accessing our website or Application, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

While you can visit the website and review a range of information about Bizly, our Application and our Services without registering, to participate in the Services, we require that you become a Registered User. Registered Users are required to confirm their agreement to be bound by these Terms during the registration process (and from time to time as we may require) by clicking an “I Accept” button.

If you are agreeing to these Terms and our Privacy Policy on behalf of a company or other legal entity (“your Organization”), then (i) you represent and warrant that you have authority to act on behalf of, and to bind your Organization and (ii) for all purposes in these Terms and the Privacy Policy, the term “you” means your Organization on whose behalf you are acting.

 

• Our Services; Overview. The Application is designed to provide individuals and businesses with a convenient forum to (i) view information about Meeting Rooms that are made available by third parties (each such third party, a “Supplier”) for short term rental; and (ii) reserve such Meeting Rooms.

• Reservation and Charges. Suppliers will list Meeting Rooms, availability, pricing, taxes, and associated amenities through our Application. When you reserve a Meeting Room through the Site, we facilitate your reservation with the Supplier (a “Reservation”). Except as set forth in Section 2.2 (Special Requests and Incidental Charges), Bizly will charge you for the costs associated with the Reservation, Bizly will make payment directly to the Supplier for your Reservation, and you will not be required to pay the Supplier for your Reservation. The amenities listed as part of the description for the Meeting Room that you reserve will be included in the price that you pay Bizly.

• Special Requests & Incidental Charges. When reserving a Meeting Room, you will be able to submit special requests for the Supplier (a “Special Request”). Upon completing the Reservation process, your Special Requests will be forwarded to the Supplier of the Meeting Room. In addition, you may submit Special Requests directly to the Supplier at any time at your discretion. Suppliers have sole discretion over whether to honor any of your Special Requests and Bizly shall have no liability or responsibility to you for a Supplier’s refusal to honor a Special Request. You are responsible for paying the Supplier directly for any upgrades or other incidental charges you incur, including as a result of Special Requests.

• Taxes and Pricing. We are not affiliated with the Suppliers or otherwise a co-vendor with the Suppliers. The amount we charge you includes the cost of the Meeting Room, our Service charges, as well as an estimated amount to recover the amount we pay the Supplier for taxes owed by the Supplier, including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and other taxes. Tax rates and the type of taxes vary greatly by location. In some cities, the tax may include government imposed service fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the Supplier for taxes may vary from the amount we estimate. You agree that Bizly is entitled to retain any unused portion of the tax estimate as part of the compensation for our Services and to cover the costs of your Reservation, including customer service costs.

• Reservation Issues.

• Supplier Cancelations. If a Supplier informs you that it will not be able to honor a Reservation, please contact us immediately at the phone number listed in Section 24 (Contact Us). We will work with you and the Supplier in an effort to provide you with sufficient alternative accommodations. We may, in our sole discretion and as a courtesy, provide a Bizly Credit for Reservations that a Supplier cannot honor. A “Bizly Credit” is a redeemable voucher for a Reservation of like quality to the canceled Reservation, as determined by Bizly in its reasonable business discretion. Bizly Credits are not redeemable for cash or cash equivalents, are non-transferable and may not be applied toward prior Reservations. Unless you have paid Bizly in connection with the receipt of a Bizly Credit (in which case you will receive a refund), Bizly reserves the right to rescind any unused Bizly Credit subject to reasonable notice to you.

• Your Cancelation of a Reservation. If you reserve a Meeting Room, you may cancel that Reservation until twenty-four (24) hours before the time the Reservation is scheduled to begin (the “Cancelation Cut-Off Time”). Upon such cancelation, you will be refunded any charges made against your account by Bizly in connection with the Reservation. After the Cancelation Cut-Off Time, you will not be entitled to a refund of any charges made by Bizly in connection with the Reservation. In addition, after the Cancelation Cut-Off Time, you will be responsible for any remaining costs that have not yet been charged to your account for the Reservation of the Meeting Room.

• Meeting Room Descriptions. Bizly attempts to provide, but does not guarantee, accurate descriptions of the Meeting Rooms that are made available by Suppliers for reservation through the Site. If you have reason to believe that a Meeting Room you reserved through the Site does not meet the specifications advertised on the Site, you must contact Bizly immediately (and in any case no later than three business days following the check-in date). Your failure to contact us within this period may affect our ability to investigate your complaint.

• Charges for Damage. If you cause damage to a Meeting Room, you acknowledge that the Supplier may in its sole discretion decide to charge your credit card in compensation for the cost of repairs to the Meeting Room. Subject to the terms of our Privacy Policy, we will provide Supplier with your contact and credit card information if Supplier requests the information and provides evidence that you have damaged a Meeting Room. Despite our provision of this information to Supplier, you acknowledge in accordance with Section 14 (User Disputes) that Bizly is in no way responsible or liable in connection with your dispute with a Supplier over Meeting Room damage.

• Obtaining a Password; Protecting Your Password.

• Obtaining and Using a Password. Only Registered Users who have a valid password can reserve Meeting Rooms through the Website. Registered Users must keep in mind that we will treat anyone who uses their user name and password as that user. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User’s password. We therefore recommend that Registered Users maintain their user name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered User with respect to the Website and their participation in the Services. We also ask that Registered Users notify us immediately if they suspect that someone is using their user name and/or password in this or any inappropriate manner.

• Ownership; Reservation of Rights. The Application, Services, and associated Bizly Content are the proprietary property of Bizly and our licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Bizly and our licensors retain all rights with respect to the Site, Services and Bizly Content except those expressly granted to you in these Terms.

• Grant of Rights to Site Visitors and Registered Users.

• Grant of Rights to Site Visitors. As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access our website solely for your personal, non-commercial use. You may not (i) reserve a Meeting Room through the website or Application; (ii) access, view, modify or otherwise use any portion of our website not made expressly accessible to you, or (iii) otherwise modify, copy, distribute or otherwise use the website, Application, Bizly Content or Services without registering.

• Grant of Rights to Registered Users. As a Registered User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Application solely for your personal, non-commercial purposes/your Organization’s internal business purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Application or the Services to any third party; (ii) modify or make derivative works based upon the Application or Services; or (iii) reverse engineer, reverse compile, or access the Application or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the website, Application, Bizly Content or Services.

• Duration of Rights for Registered Users. As a Registered User, you will continue to enjoy your rights under Section 7.2 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless your password is revoked or suspended, as set out in Section 12 (Monitoring; Revocation or Suspension of Use Privileges).

• Registered User Grant of Rights.

• Grant of Rights to Bizly in User Content. By submitting User Content for participation in our Services, you grant Bizly the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Bizly’ use of your User Content.

• Registered User Comments/Feedback. Our Application may allow Registered Users to provide comments or feedback regarding our Application and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Application and our Services.

• Rights/Permissions You Must Have in Your Submitted Content. In submitting User Content, you represent and warrant that you have sufficient authority and rights to post such User Content, and to provide the grant of rights to us.

• Right to Decline Submitted Content. We expressly reserve the right to refuse to use, remove, or disable User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Application and our Services.

• Electronic Communications. You consent to receive communications from us electronically in accordance with our Privacy Policy. We will communicate with you by email or by providing notices via the Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.

• User Representation and Warranty. When you reserve a Meeting Room through the Site, you are representing and warranting that any information you supply in connection with the Reservation is true, accurate and complete.

• Code of Conduct. As a condition to your use of the Application and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:

 

• Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.

• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.

• Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.

• Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Application without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.

• Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

• Use the Application to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

• Use the Application in a manner that could disable, overburden or impair the Application or Services or interfere with any other party’s use and enjoyment of the Application and Services, such as through sending “spam.”

• Use the Application to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.

• Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Application.

• Use the Application for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Application to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

 

• Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor your use of the Application, and (ii) terminate or suspend your use of some or all of the Application or Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no – obligation to monitor activities on the Application, please understand that we may employ filters designed to detect and block inappropriate content described in our Code of Conduct. We reserve the right to request edits to your submission, to refuse to post or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct.

 

You should also understand that our Code of Conduct is based in many instances on principles of applicable law. Violations of our Code of Conduct accordingly may expose you to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Bizly reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, consistent with our Privacy Policy.

 

• Links to Third-Party Sites. The Application may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites“). Bizly has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Bizly does not endorse the content of any Linked Site, nor does Bizly warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Application to search for or link to another site, you agree and understand that such use is at your own risk.

• User Disputes. You are solely responsible for your interaction with Suppliers and other Registered Users, both online or offline. The Suppliers are independent contractors and not agents or employees of Bizly. We have no obligation to become involved in any disputes between you and other Registered Users or Suppliers. If you have a dispute with one or more Registered Users or a Supplier, you release Bizly (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

• Warranty Disclaimer. BIZLY DOES NOT PROMISE THAT THE APPLICATION OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE APPLICATION WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE APPLICATION AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE APPLICATION, YOU DO SO AT YOUR OWN RISK. BIZLY DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE BIZLY APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

 

BIZLY DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE APPLICATION; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE APPLICATION, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE BIZLY APPLICATION AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.

• Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL BIZLY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE APPLICATION, SERVICES AND BIZLY CONTENT.

• Indemnity. You agree to defend, indemnify and hold Bizly and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.

• Contact for Alleged Copyright Infringement. Bizly respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Application or other activity taking place on the Application constitutes infringement of a work protected by copyright (a “Work“), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“) to respond to such concerns: 

support@bizly.com

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

 

• Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Application. Please feel free to print out a copy of the current Terms for your records.

• Assignment. These Terms shall not be assignable by you, either in whole or in part. Bizly reserves the right to assign its rights and obligations under these Terms.

• General. These Terms shall be governed in all respects by the laws of the state of New York without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the state of New York in the judicial district where Bizly has its principal place of business. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Bizly’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Bizly and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

• Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 6 (Ownership; Reservation of Rights); (ii) Section 9 (Electronic Communications); (iii) Section 14 (User Disputes); (iv) Section 15 (Warranty Disclaimer); (v) Section 16 (Limitation of Liability); (vi) Section 17 (Indemnity); (vii) Section 20 (Assignment); (viii) Section 21 (General); and (ix) Section 22 (Survival).

• Relationship to Privacy Policy and Other Contracts. These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Application or Bizly’s services, and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control.

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