TERMS OF USE
Terms of use
Effective from March 1st, 2018
BX Vision:
We collect, organize and share free knowledge to help all people achieve more. We connect people around business learning and support creation of more jobs, decent workplaces and sustainable growth.
BX Values:
We believe that all people can learn and that power to develop comes through knowledge. We believe in taking care of and sharing experiences that people have made. We will show respect, engagement and commitment. We want to support personal learning through collaboration.
1. Introduction
1.1 Contract
When you use our services, you agree to all our terms of use. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by clicking "Join us now", "Join BX businessXplainer", "Sign Up" or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with BX businessXplainer (even if you are using our Services on behalf of a company). If you do not agree to this contract ("Contract" or "Terms of use"), do not click "Join us now" (or similar) and do not access or otherwise use any of our Services.
Services
This Contract applies to our community site businessXplainer.com. Registered users of our Services are "Members" and unregistered users are "Visitors". These terms of use applies to both.
BX businessXplainer
You are entering into this Contract with BX businessXplainer which is based in Sweden and governed by Swedish laws and regulations.
1.2 Members and Visitors
When you register and join the BX businessXplainer Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.
1.3 Change
We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your user account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
2. Obligations
2.1 Service Eligibility
Here are some promises you make to us in this Contract: You're eligible to enter into this Contract and you are at least our "Minimum Age." The Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) you must be the "Minimum Age" "Minimum Age" means 16 years old. However, if law requires that you must be older in order for BX businessXplainer to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
You'll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our rules of conduct. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by you for another party (eg. your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
2.3 Payment
You'll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. We don't guarantee refunds.
If you buy paid Services (e.g. Space in our sponsored service register), you agree to pay us the applicable fees and taxes and to the terms valid for to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g.exchange rates).
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.4 Notices and Service Messages
You're okay with us providing notices to you through our websites and contact information your provided to us. If the contact information you provide is out of date, you may miss out on important notices. You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
2.5 Sharing
When you share information, others can see, copy and use that information. Information and content that you share or post may be seen by other Members or Visitors. Where we have made settings available, we will honor the choices you make about who can see your information. We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to BX businessXplainer
You own all the text, feedback, and personal information you provide to us, but you also grant BX a nonexclusive license to it.
You promise to only provide information and content that you have the right to share, and that your BX businessXplainer profile will be truthful.
As between you and BX businessXplainer, you own the information that you post to the Services and you are only granting BX businessXplainer the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
1. This license is not valid for material that you make links to on third party sites. Material published on third party sites have its own licensing terms that needs to be followed.
2. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent that others as part of the Service copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
3. We will not include your information in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your “social actions” e.g. likes, comments, follows, shares on sponsored content and company pages may be visible, as noted in the Privacy Policy.
4. In your user profile you can choose to be anonymous (use an imaginary profile name) or to use your real name (no fake identities/names allowed). You can also choose to publish your contact details to other members or not.
5. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expressions.
6. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others also on other platforms.
7. Agree with that BX draw conclusions from and uses everything you have written here on BX in our openly licensed explainer-texts (open access without login) that are based on yours and other members collective experiences. BX-explainer texts are assigned an open Creative Commons license, CC-BY, which means that BX will be the creator of those texts and allow others to use, spread, re-mix, modify and build upon the texts even for commercial purposes.
You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to BX businessXplainer, you agree that BX businessXplainer can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone's rights (including intellectual property rights). You also agree that your profile information will be truthful. BX businessXplainer may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. We may change or discontinue any of our Services. We don't promise to store or keep showing any information and content that you've posted.
BX businessXplainer is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3 Other Content, Sites and Apps
Your use of others' content and information posted on our Services, is at your own risk. Others may offer their own products and services through BX businessXplainer, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. BX businessXplainer generally does not review content provided by our Members or others. You agree that we are not responsible for others' (including other Members') content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.
Our members can by their own choice add links to third party web sites in accordance with our user terms. You are yourself responsible for deciding if you want to follow those links and access or use third party apps or sites that link from our Services. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, BX businessXplainer is not responsible for these other sites and apps – use these at your own risk. Please see our Privacy policy.
3.4 Limits
We have the right to limit how you connect and interact on our Services. BX businessXplainer reserves the right to limit your use of the Services, including how many you follow and your ability to contact other Members. BX businessXplainer reserves the right to restrict, suspend, or terminate your account if BX businessXplainer believes that you may be in breach of this Contract or law or are misusing the Services (e.g. violating our code of conduct).
3.5 Intellectual Property Rights
We're providing you notice about our intellectual property rights. BX businessXplainer reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, BX BUSINESSXPLAINER (AND THOSE THAT BX BUSINESSXPLAINER WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
Third Party Websites and Content; Links:
Our Services contain links to websites not controlled by BX businessXplainer (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than BX (“Third Party Content”). BX (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non-infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BX BUSINESSXPLAINER HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS), BX BUSINESSXPLAINER (AND THOSE THAT BX BUSINESSXPLAINER WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF BX BUSINESSXPLAINER (AND THOSE THAT BX BUSINESSXPLAINER WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) 1000 EURO.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BX BUSINESSXPLAINER AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BX BUSINESSXPLAINER HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
5. Termination
We can each end this Contract anytime we want. Both you and BX businessXplainer may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6 and 7 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it Swedish courts using Swedish law. If you live in the European Union: You agree that the laws of Sweden, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in Lund or Malmö in Sweden and we each agree to personal jurisdiction of the courts located in Lund and Malmö, Sweden.
For all others, including those who live in the United States, you agree that the laws of Sweden excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in Skåne, Sweden and we each agree to personal jurisdiction in those courts.
7. General Terms
Here are some important details about how to read the Contract. If a court with authority over this Contract finds any part of it not enforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the Swedish language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services. If we don't act to enforce a breach of this Contract, that does not mean that BX businessXplainer has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that BX businessXplainer may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is with recommended letter to our postal address.
8. BX businessXplainer Code of Conduct
8.1.
You agree that you will:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. State your real name to us in your profile even if you use an anonymous / fictive user name.
4. Use the Services in a professional manner.
5. Agree with that BX draw conclusions from and uses everything you have written here on BX in our openly licensed explainer-texts (open access without login) that are based on yours and other members collective experiences. BX-explainer texts are assigned an open Creative Commons license, CC-BY, which means that BX will be the creator and allow others to use, spread, re-mix, modify and build upon the texts even for commercial purposes. When using the BX-explainers, people should give credit to BX, but not in a way that suggests BX endorse them or their use. If they want to use BX-explainers without giving credit or for endorsement purposes, they must get BX permission first.
8.2.
You agree that you will not:
1. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
2. Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
3. Use an image that is not your likeness or a head-shot photo for your profile (You however have the right to not use any picture)
4. Create a false identity on BX businessXplainer. The occasional creation of clearly fictional profiles by BX businessXplainer or with its express permission in connection with a promotional campaign does not waive this obligation;
5. Misrepresent your identity (e.g. by using a false name), your work experience and qualifications or affiliations with a person or entity;
6. Create a Member profile for anyone other than yourself (a real person);
7. Use or attempt to use another's account;
8. Harass, abuse or harm another person;
9. Send or post any unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters", "pyramid schemes," or any form of solicitation unauthorized by BX businessXplainer;
10. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
11. Bypass or circumvent any access controls or Service use limits (such as caps on keyword searches);
12. Solicit email addresses or other personal information from Members you don't know, without authorization.
13. Use, disclose or distribute any data obtained in violation of this policy;
14. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
15. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, only make links to material that is free and openly published by others and write/share only based upon your own experiences and things that you have the right to share.
16. Violate the intellectual property or other rights of BX businessXplainer, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word "BX businessXplainer" or our logos in any business name, email, or URL.
17. Post anything that contains software viruses, worms, or any other harmful code;
18. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.
19. Create profiles or provide content that promotes escort services or prostitution.
20. Create or operate a pyramid scheme, fraud or other similar practice;
21. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
22. Imply or state that you are affiliated with or endorsed by BX businessXplainer without our express consent (e.g., representing yourself as an accredited BX businessXplainer trainer);
23. Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
24. Sell, sponsor, or otherwise monetize any Service without BX businessXplainer's consent;
25. Deep-link to our Services for any purpose other than to promote your profile on our Services, without BX businessXplainer's consent;
26. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
27. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
28. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
29. Overlaying or otherwise modifying the Services or their appearance;
30. Access the Services except through the interfaces expressly provided by BX businessXplainer.
31. Use a Service for tasks that it is not intended for;
32. Override any security feature of the Services;
33. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
34. Violate the community guidelines or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
10. How to Contact Us
Our postal address is:
BX businessXplainer
Tegelvägen 3
SE-227 30 LUND, Sweden