This document outlines the terms. IT Commercials, Inc. (FuzzB) (“ITC” or “we,” “us,” “our,” and “ours”) operates fuzzb.com, which is a Business to Consumer (“B”2C) social networking and video advertising service that allows Members to create unique personal profiles online, open online website cyber stores and produce and air online video advertising in order to socialize, shop and sell.  The services offered by ITC include any ITC-branded URL (the "ITC Website"), the ITC instant messaging service, the ITC application developer service and other features (for example, music and video embedded players), ITC mobile services, and any other features, content, or applications offered from time to time by ITC in connection with ITC’s business (collectively, the "ITC Services").  The ITC Services are hosted in the United States.

This Terms of Use Agreement (“Agreement”) specifically sets forth the legally binding terms for your use of ITC Services and the of the BFS website. By using the ITC Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the BFS Website, including through a mobile device, or otherwise use the ITC Services without being registered) or you are a "Member" (which means that you have registered with ITC). The term "User" refers to a Visitor or a Member. You are only authorized to use the ITC Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the ITC Website and discontinue use of the ITC Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the ITC Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes ITC's policy for acceptable use of the ITC Services and informational content (“Content”) posted on or through the ITC Services and your rights, obligations and restrictions regarding your use of the ITC Services and Content posted on or through the ITC Services. In order to participate in certain ITC Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from ITC. Unless otherwise provided by the additional terms and conditions applicable to the ITC Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: Email Subject: Terms of Use Agreement. ITC may modify this Agreement from time to time and such modification shall be effective upon posting by ITC on the ITC Website. Your continued use of the ITC Services after ITC posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the ITC Services and that you provide to other Users. Your ITC profile may not include any form of Prohibited Content, as outlined in Section(s) 4(d), (f), (g), (h), (i), (j), (k), (l) and (m) below. Despite this prohibition, information, materials, products or services provided by other ITC Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and ITC assumes no responsibility or liability for this material. If you become aware of misuse of the ITC Services by any person, please click on the "Contact ITC” or the “Report Abuse” link at the bottom of the ITC Website pages.

 

ITC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the

ITC Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

ITC expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the ITC Services if ITC determines, in its sole discretion, that you have violated this Agreement or pose a threat to ITC and/or its Users.

1.         General.

Use of the ITC Services and registration to be a Member for the ITC Services (“Membership”) is void where prohibited. By using the ITC Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 14 years of age; and (d) your use of the ITC Services does not violate any applicable law or regulation at the location where you use the ITC Services. Your profile, videos, advertising and web-store may be deleted and your Membership may be terminated without warning if we believe that you are under 14 years of age, if we believe that you are under 14 years of age and you represent yourself as older than 14, or if we believe you are over 18 and represent yourself as under 18.

2.         Technical Functionality

This Site may from time-to-time provide a video-viewer or other such audio or video software (collectively, “Functionality”). THE USE OF THIS SOFTWARE OR OTHER FUNCTIONALITY IS NOT WARRANTED AND THE USER AGREES TO USE THESE PROVIDED FUNCTIONALITIES AT HIS OR HER OWN RISK. Operation of these Functionalities depends on a wide variety of factors, including but not specifically limited to; specific hardware compatibility issues, software compatibility issues, or network compatibility issues stemming from the various system configuration(s) that a particular User may be using; and, there is a possibility these Functionalities may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of or contents of your computer. User, by accepting these terms specifically indemnifies ITC from any and all liability resulting from User’s use of these Functionalities. We reserve the right to change the software or any Functionality at any time.

            2.1       “Reverse Engineering”

No User of this Site, whether a Member or Visitor, shall be permitted to reverse engineer, disassemble, de-compile or otherwise seek to discover or derive the source code, proprietary logic, design or structure of any aspect of this Site without the express written consent of ITC, which such consent may be withheld at the sole discretion of ITC (except to the minimum extent ITC may be required to permit such by applicable law). Embedding or distributing any of the contents contained at this Site requires that you license with each end-user, or do so with the express permission of the owner of such content. FAILURE TO COMPLY WITH THIS SHALL RESULT IN THE REVOCATION OF YOUR MEMBERSHIP. ITC claims for itself and will protect for its content providers, any patent, copyright, or trademark, as well as, any and all video, audio, articles, information, software, data, or other contents of any kind on or interlinked with any ITC website, and any other intellectual property rights contained on or linked to its websites.

            2.2       Illegal or other Harmful Use or Access.

None of the Content found at this website may not be used for any illegal purpose whatsoever and without exception. You may not access our network(s), computers, or Content in any manner that could damage, disable, overburden, impair, or otherwise interfere with any other User’s use and enjoyment. You may not attempt to gain unauthorized access to any of the Content, other accounts, computer systems, or networks connected with our sites.

3.         Nature of Information's

ITC-branded websites publish video, audio, articles and/or other Content from a vast array of authors, artists and other creative or informative individuals. The generality of the foregoing notwithstanding, we have not authored or checked the information contained here independently, and we do not intend to do so (See – Disclaimer). The information represents the opinions of the authors and is for research and informational purposes only and such contents were not prepared at ITC’s request or for ITC’s specific use. Publication of any of the contents contained at the Site is not an implied or expressed endorsement of the opinions, recommendations, or advice of any authors work contained herein. Consequently, the opinions, recommendations or advice contained at the Site are exclusively those of the authors and not ITC’s, and may not be accurate, sufficient or complete, or up to date. ITC has not verified the credentials of the any author, has not or will not verify whether or not an author is licensed (where applicable) to give such opinion, recommendation or advice, and the User expressly warrants to ITC hereby that he or she will bear the exclusive burden resulting in or from the utilization of any of the opinions, recommendations, advice or counsel, or other offered through the Site. All Products listed on ITC for sale can be used in ITC/ FuzzB advertising.

 4.         Content and User Prohibitions

ITC may reject, refuse to post or delete any Content at its sole discretion and without reason, including Content that in the sole judgment of ITC violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ITC assumes no responsibility for monitoring the ITC Services for inappropriate Content or conduct.  If at any time ITC chooses, in its sole discretion, to monitor the ITC Services, ITC nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the ITC Services, and any material or information that you transmit to other Members and for your interactions with other Users

This Site may, from time to time, provide you the opportunity and ability to post your comments, post bulletins, start or participate in blogs, forums and chat rooms, or upload video or audio content of an “expert” nature. Pursuant to this Section 4 inclusive, you agree with respect to all means of expression available at the Site, to each and all of the following:

(a)        It is your (User’s) true and accurate opinion;

(b)        User is the sole author of the posting or has permission to post it;

(c)        If one User is a competitor of an author or another posting User, or otherwise has an interest adverse to same, the competitor User will fully disclose the nature of his interest concurrent with the posting;

(d)        User will not post misleading or fraudulent material;

(e)        User agrees that postings are not confidential and may be shown to all other users;

(f)        User will not post any unlawful, harassing, libelous, invasive, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;

(g)        User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;

(h)        User will not post information or material that infringes upon any third party right,   particularly copyright, trademark, patent, confidentiality, or other intellectual property rights;

(i)         User will not post any advertisements or other commercial content including spam, chain letters, pyramid schemes, or banner exchange services;

(j)         User will not post viruses, Trojan horses, worms or any other malicious application, code, or devices (violations of this 4(j) shall be met harshly and referred to the appropriate law enforcement agency);

(k)        User will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;

(l)         User will not stalk, threaten or harass authors or other users or infringe upon,         invade or attempt to infringe upon or invade their privacy; and, and ITC shall prosecute each User for any and every occurrence that violates this 4(l), including, but not limited to providing any and all assistance to the appropriate law enforcement authority; and,

(m)      User will not post any information or material which may constitute or encourage conduct that is of a (1) criminal nature; (2) morally offensive; (3) tortuous; (4) that   may provoke other civil wrongs; or, (5) any other act that would otherwise violate the applicable laws of the jurisdiction where such act was committed.

5.         Prohibited Activity

The following are examples of the kind of Activity that is illegal or prohibited on the ITC Website.  ITC reserves the right to investigate and take appropriate legal action against anyone who, in ITC's sole discretion, violates this provision, including without limitation, removing the offending Content from the ITC Services and terminating the Membership of such violators.  Prohibited Activities include, but may not necessarily be limited to, Activity (by any means of communication or other, to include posting, blogging, video, email, instant messaging or any other means of communication found at the Site) that:

5.1       is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.2       harasses or advocates harassment of another person;
5.3       exploits people in a sexual or violent manner;
5.4       contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
5.5       solicits personal information from anyone under 15;
5.6       publicly posts information that poses or creates a privacy or security risk to any person;
5.7       constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or     libelous;
5.7A.        constitutes or pormotes websites that are in direct competition with ITC (FuzzB) services out side of the use of the FuzzB Gateway.
5.8       constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing      information to circumvent manufacturer-installed copy-protect devices, or providing     pirated music or links to pirated music files;
5.9       involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing,  instant messaging, "spimming," or "spamming";
5.10     contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
5.11     furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal   weapons, falsifying or stealing identities, violating someone's privacy, or providing or creating computer viruses;
5.12     solicits passwords or personal identifying information for commercial or unlawful   purposes from other Users; 
5.13     involves promoting “contests (such that winning is predicated on random luck)”,  sweepstakes, barter, advertising, or pyramid schemes;
5.14     includes any media, photograph or video of another person that you have posted without that person's consent;
5.15     for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;          
5.16     violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights  or any other rights of any person;
5.17     criminal or tortuous activity, including child pornography, fraud, trafficking in obscene  material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
5.18    circumventing, altering or tampering with, or attempting to circumvent, alter or tamper with, or encouraging or assisting any other person in circumventing, altering or tampering with any security technology or software that is part of the ITC Services;
5.19     activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a   computer network;
5.20     covering, hiding or obscuring the banner advertisements on your personal profile page,     or any ITC page via HTML/CSS or any other means;
5.21     any automated use of the system, such as, but not limited to, using
            scripts to add friends or send comments or messages;
5.22     interfering with, disrupting, or creating an undue burden on the ITC Services, its     networks or services connected to the ITC Services;
5.23     any attempt to impersonate another Member, person or entity;
5.24     for any profiles containing an ITC player, copying the code for your ITC Player and embedding it (or directing others to embed it) anywhere other than your band profile on    ITC;
5.25     using any aspect of another Member’s account (such as User Name, Password, or another Member’s account itself) at any time or disclosing same to any third party or permitting any third party to access your account;
5.26     selling or otherwise transferring your profile;
5.27     using any information obtained from the ITC Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
5.28     using the ITC Services in a manner inconsistent with any and all applicable laws and regulations; or,

6.         Protecting Copyrights and Other Intellectual Property.

ITC respects the intellectual property of others, and requires that our users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  ITC has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on, at or through the ITC Services in a way that constitutes copyright infringement, please send ITC's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the ITC Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.  ITC's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, ITC, Inc., ____________________________ Facsimile: (____) ______-________; Attn: Copyright Agent.  ITC's Copyright Agent for notification of claimed infringement can also be reached electronically by Email.  ITC provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.

7.         Member Disputes.

You are solely responsible for your interactions with other ITC Members. ITC disavows any obligation to become involved in any way with disputes between you and other Members, but reserves the right to do so.

8.         Privacy.

            Use of the ITC Services is also governed by our TERMS which is incorporated into this Agreement by this reference.

9.         Disclaimers.

General.  ITC is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on, at or through the ITC Services, whether caused by Users of the ITC Services or by any of the equipment or programming associated with or utilized in the ITC Services and such User Content does not necessarily reflect the opinions or policies of ITC. ITC is not responsible for the conduct, whether online or offline, of any User of the ITC Services. Under no circumstances shall ITC be responsible for any loss or damage, including personal injury or death, resulting from use of the ITC Services, attendance at a ITC event, from any User Content posted on or through the ITC Services, or from the conduct of any Users of the ITC Services, whether online or offline.  The ITC Services are provided "AS-IS" and as available and ITC expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  ITC cannot guarantee and does not promise any specific results from use of the ITC Services.

Members/Users. Profiles and third party applications created and posted by Members on the ITC Website may contain links to other websites.  ITC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by ITC.  Inclusion of any linked website on the ITC Services does not imply approval or endorsement of the linked website by ITC.  When you access these third party sites, you do so at your own risk.  ITC takes no responsibility for third party advertisements or third party applications that are posted on or through the ITC Services, nor does it take any responsibility for the goods or services provided by its advertisers and shop owners.

Technical Difficulties. ITC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.  ITC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ITC Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ITC Services.

10.       Limitation on Liability.

IN NO EVENT SHALL ITC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ITC SERVICES, EVEN IF ITC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ITC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ITC FOR THE ITC SERVICES DURING THE TERM OF MEMBERSHIP.

11.       United States Export Controls.

Software available in connection with the ITC Services (the "Software") is subject to United States export controls. Accordingly, no Software may be downloaded from any ITC Site or otherwise exported or re-exported in violation of United States export laws.  Downloading or using the Software is at your sole risk.

12.       Disputes.

The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions.  All parties to this Agreement agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the ITC Services.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. ADDITIONALLY, EACH PARTY TO THIS AGREEMENT CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

13.       Indemnity.

You agree to indemnify and hold ITC, its officers, directors, agents, affiliates, employees, successors and assigns, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ITC Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the ITC Services causes ITC to be liable to another.

14.       Other.

This Agreement is accepted upon your use of the ITC Website or any of the ITC Services and is further affirmed by you becoming a Member.  This Agreement constitutes the entire agreement between you and ITC regarding the use of the ITC Services.  The failure of ITC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  No Member shall have the right to transfer the Membership contemplated herein and created hereby (including by operation of law) and any attempt to do so shall be deemed null and void. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Wherever used in this Agreement, contextual reference to gender shall be deemed to include the masculine, feminine and neuter case.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions, all of which shall remain in full force and effect.