Terms of service
Last updated: 10 January 2021
This is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and Bizplay (hereinafter “Bizplay”, “We”, “Our”, or “Us”).
Bizplay provides an internet-based platform to provide a service for digital signage management, hereinafter called the “Service”. It is comprised of a server and website at www.bizplay.com that manages displays, content, and users, and its functions are available through the Bizplay website and an application program interface (API).
Although Bizplay may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Bizplay may, in its sole discretion, modify or revise these Terms of Service and policies at any time. By continuing your use of the Service, you agree to these Terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
IN ADDITION, YOU ACKNOWLEDGE THAT YOUR ONLINE ACCEPTANCES CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND BIZPLAY AND SIGNIFY YOUR INTENT TO BE BOUND TO SUCH ONLINE ACCEPTANCES. SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL BIZPLAY OR ITS AFFILIATES' AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY BIZPLAY FROM YOU FOR THE SUBSCRIPTIONS.
You may be required to create an account for one or more users to access the Services. You are solely responsible for the activity that occurs within your accounts, and you must keep your account passwords secure. You will be responsible for any activities that take place under your accounts or that take place on or via any of your displays and other mediums. If you become aware of any unauthorized use of your accounts or any other breach of security, you must notify us immediately.
Although Bizplay will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bizplay or others due to such unauthorized use.
If any information that you provide during registration is not accurate (or if we have reasonable grounds to believe so), then as detailed further below under “Termination,” we have the right to suspend or terminate your account and refuse to grant you further access to the Service.
You further agree that whether you register an account or not, you are at least 13 years of age on the date that you used the Service.
General use of service
Bizplay hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than those of the Service itself.
- You agree not to use the Service for any of the following commercial uses unless you obtain Bizplay's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or
- content other than those explicitly facilitated by the Service;
- Prohibited commercial uses do not include:
- any use that Bizplay expressly authorizes in writing.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Service in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
Bizplay reserves the right to discontinue any aspect of the Service at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of any data, text, information, links, graphics, photos, profiles, audio, and video (“Content”).
- As a Bizplay account holder, you may submit Content to the Service.
- Content such as examples and templates are provided to you AS IS. You may access and use that Content for your information and alter it to create Content for your use as permitted under these Terms of Service. Bizplay reserves all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources and that Bizplay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bizplay with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Bizplay, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- You are solely responsible for any “Content” that you create and/or publish on your displays via the Service.
- You are solely responsible for ensuring that the content you create and/or publish is for an 18+ audience. Content for and publishing to an audience younger than 18 has to comply with applicable laws concerning "Made For Kids" content. Bizplay does not track nor collect usage data of specific content and therefore complies with (relevant parts of) laws concerning tracking and privacy for "Made For Kids" content (i.e., the U.S. Children's Online Privacy (COPPA) and E.U. General Data Protection Regulation (GDPR)). You are solely responsible for ensuring that your content complies with relevant laws concerning "Made For Kids" content if your audience is younger than 18. We cannot check and therefore not enforce age-appropriate content.
- You understand that Bizplay uses password-protected accounts to protect confidentiality; however, Bizplay does not guarantee confidentiality with respect to Content sent from our Service to displays (“playing” your channels). You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Bizplay all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Bizplay, you hereby grant Bizplay a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Bizplay's (and its successors' and affiliates') business, including without limitation for redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Bizplay may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted.
- You further agree that Content you submit to the Service will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Bizplay all of the license rights granted herein.
- We don't own any of the Content that you upload or link to from the Service and, as a result, that you publish. We may preserve and store Content and may also disclose Content if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the public.
- The Service may contain third-party advertisements or materials and/or links to third-party websites that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we do not and cannot censor or edit the content of any third-party website. When you leave our Service, we encourage you to read the terms and conditions and privacy policies of the other websites. By using our Service, you expressly release us from any and all liability arising from your use of any third-party website or as a result of any third-party presence on our Service.
Bizplay does not endorse any Content submitted to the Service by any user or other licensor or any opinion, recommendation, or advice expressed therein, and Bizplay expressly disclaims any and all liability in connection with Content. Bizplay does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Bizplay will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Bizplay reserves the right to remove Content without prior notice.
The Service is available in different levels of functionality. Access to a specific bundling of the functionality of parts of the Service under a specific name in exchange for a recurring fee is hereinafter called “Subscription”. The Subscriptions include feature-based subscriptions and other Bizplay services which may be offered by Bizplay in the future. Your transactions and any other use of the Subscriptions are subject to the terms described in this Subscriptions paragraph of the Terms of Service.
Payment, Refund, and Cancellation Policy
- Payment: Bizplay accepts payment via the current payment method indicated prior to purchase. You must have a valid accepted form of payment on file in order to purchase Subscriptions. You agree to abide by any relevant Terms of Service or other legal agreement, whether with Bizplay or a third party, that governs your use of a given payment processing method. Prices for any Subscription may change at any time, and Bizplay does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Subscription that you order. Bizplay will charge your credit card or other forms of payment for the price listed on the relevant Subscription offer, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. You agree that Bizplay will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, Bizplay reserves the right to immediately revoke your access to any Subscription you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Bizplay may cancel your subscription.
- Taxes: If Bizplay or its payment providers are required to collect or pay any taxes in connection with your purchase of a Subscription, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a Subscription. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
- Refunds: You can cancel your purchase and receive a refund as long as you have not commenced using the relevant Subscription ordered and you make your request no later than seven working days after your order is completed. Requests for refunds must be directed to our customer support team. We reserve the right to approve or deny refund requests after seven working days at our sole discretion, except where the Subscription is defective. In the event a refund is issued after seven days for any subscription Subscription, you may be issued a partial refund that is pro-rated for the remaining time left on the subscription. If you receive a refund for any reason, Bizplay reserves the right to terminate your access to the relevant Subscription purchased.
- Subscription Cancellations: You may cancel your subscription any time before the end of the current billing period, and the cancellation will, by default, take effect on the next billing period. You will retain access to the Subscription from the time you cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period. If your billing period is longer than a month, you may request a refund for the remaining months until the next billing period. In that case, your subscription will be terminated at the start of the interval that is refunded. The refund period has to be at least one month and is calculated in months.
- Free Trials: Bizplay may offer free trials to potential subscribers. If you use such a free trial, you will receive free access to a Subscription for the duration of the free trial period. At the end of the applicable free trial period, access to the Subscription will end automatically, and no charges will be made. If you want to continue to use the Subscription after the trial period ends, you should, before the end of the trial period, indicate that you want to purchase the Subscription by using the appropriate buttons/links on the Dashboard and Settings screens. In that case, you will then need to choose a payment method and enter the appropriate payment details. If your trial period has ended or need assistance subscribing, please contact our customer support team.
- Device and Usage Requirements: Certain types of Subscriptions may require you to use a device that meets the system and compatibility requirements for such Subscription, which may change from time to time. For further information on supported devices and technical requirements, visit our Help Center.
- When you use the Subscription, you may not (or attempt to):
- use the Subscription in an illegal manner or for an illegal purpose;
- share your Bizplay account password with someone else to allow them to access any Subscription that such person did not order;
- copy, sell, rent, or sublicense the Subscriptions to any third party;
- circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Bizplay uses to protect the Subscription or encourage or help anyone else to do so;
- access the Subscription other than by means authorized by Bizplay;
- or remove any proprietary notices or labels on Subscriptions.
- Changes or Discontinuation of Subscriptions: Bizplay reserves the right to change the availability of Subscriptions. In addition, we reserve the right to modify, suspend, or discontinue any Subscription with or without notice to you, and we will not be liable to you or any third party for any such modifications, suspension, or termination. However, this will not affect your ability to request a refund, as described above.
- Removal or Unavailability of Content: In certain cases, the content available within a Subscription may become unavailable due to legal or policy reasons. Bizplay will have no liability to you for any such unavailability. If Bizplay chooses to issue you a refund, the refund of your purchase price shall be your sole remedy.
- Changes to the Subscription Terms: We may change the Subscription paragraph or any other part of the Terms of Service from time to time so we encourage you to periodically review the most up-to-date version. If the Terms of Service change, you will have the opportunity to review the new terms when you next purchase any Subscription. By completing the purchase, you signify your agreement to the new Terms of Service, and further, that they will apply to your use of the Service as a whole (including any Subscription you have purchased in the past) and all subsequent purchases (until the Terms of Service change again). If you refuse to accept the updated Terms of Service, then you may not buy any additional Subscriptions, and the latest version of the Terms of Service that you accepted will continue to apply to your use of previously purchased Subscriptions.
You understand and agree that as part of the Service, you may receive certain communications from us, such as account creation confirmations, service announcements, administrative messages, and any of the opt-in newsletters. You will be able to opt-out of most of these communications but not others (such as those concerning your account, displays, users, and other administrative or monitoring matters). Bizplay promises to never rent or sell your personal information, and you will never receive an email from a third party as a result of your relationship with us unless we explicitly ask and you explicitly opt-in to do so.
European Union's new privacy law GDPR
Charges and payment
We bill subscription charges, if any, one period in advance, and unless agreed in writing, you authorize us to automatically charge your credit card or other agreed-upon payment methods at such time. We may modify our charges with 30 days prior notice to you. In addition to our charges, we will also include applicable goods, sales, service, or use taxes which we are required to charge by law, and if there are additional taxes, you agree to self assess and remit the additional tax - you are responsible for taxes, not us, and as such you will indemnify us for all liabilities in this regard.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, without liability to you or any third party.
Term and Termination
The Terms of Service remain in effect while you continue to use the Service. You can Terminate the Service for any or no reason, with or without prior notice, at any time without liability for Termination. You may Terminate by ceasing to use the Services and providing us with written notice, and you agree that you won't be entitled to a refund of any unused portion of charges billed, if any, for the Service to the date of Termination. We may Terminate the Agreement by discontinuing the provision of the Service to you, and we will return all funds paid for the Services, if any, on a pro-rated basis. Bizplay will terminate a user’s account:
- If, under appropriate circumstances, the user is determined to be a repeat infringer.
- If we decide that Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Bizplay may, at any time, without prior notice and in its sole discretion, remove such Content.
You acknowledge and agree that the servers that are used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis. You expressly understand and agree that your use of the Service is at your sole risk. We expressly disclaim 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. We make no warranty that the service will be uninterrupted, timely, secure, or error-free, that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the software will be corrected. We further make no representations or warranties for any third party, and any services, products, functions, or content provided by them to you is between you and them.
Limitation Of Liability
You expressly understand and agree that Bizplay, its officers, directors, employees, or agents will not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted in the applicable jurisdiction.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Bizplay, its parent corporation, officers, directors, employees and agents, and its subsidiaries, affiliates, advertisers, licensors, suppliers or partners (collectively "Bizplay and Partners") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Miscellaneous But Important Terms
These Terms of Service and the relationship between you and us will be governed by the laws of The Netherlands. Each of the parties hereto irrevocably attorns to the jurisdiction of The Netherlands and further agrees to commence any litigation that may arise hereunder in the Courts of Justice in the Netherlands. These Terms of Service, together with any other agreements incorporated by reference or entered into between you and us in connection with your registration, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If we fail to exercise or enforce any right or provision of the Terms of Service, it will not constitute a waiver of such right or provision. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such provision shall not affect the enforceability of such provision under other circumstances or the remaining provisions hereof under all circumstances. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- You agree to review our learning center and, in particular, our FAQ to see if your question has been previously answered.
- If that doesn't work, you agree to contact us at firstname.lastname@example.org outlining your problem.
- If that doesn't work, you agree to send us a letter, by registered mail, to Fred Raymondhof 1, 3543 HX Utrecht, The Netherlands.
- If, after two weeks, you haven't found a satisfactory resolution, you agree to submit to binding arbitration, to be conducted by a mutually agreed Arbitrator, in The Netherlands, at your expense. If you win, we will pay the arbitration expenses and your reasonable attorney's fees. If we win, you agree to do the same for us.
- By accepting these terms, you waive your right to go to court, and you explicitly waive your right to participate in a class action lawsuit.
Copyright And Trademark Notices
The Content on the Service and the trademarks, service marks, and logos ("Marks") on the Service, are owned by or licensed to Bizplay and/or its suppliers, subject to copyright and other intellectual property rights under the law.
- 10 January 10 2021: Added paragraph 7 under Content, fixed a few typos
- 10 May 10 2019: Added Subscription paragraph, added last text block of the Your Acceptance paragraph
- 20 April 2018: Added link to the GDPR Statement
- 1 December 2011: First version