The BizThon Terms of Service for Hackathons apply to people and organizations using the BizThon website, https://bizthon.com/, (the “Site”) to create profiles, share software projects they have worked on, and create and participate in online and in-person hackathons where eligible participants can enter software that meets hackathon requirements (the “Service”). The Site is owned and operated by BizThon, Inc. (“BizThon”). Please read the terms and conditions below. They are important and govern your use of our Site.
The BizThon Terms of Service for Employers apply to companies and their employees using the Site to recruit new employees, and the BizThon Terms of Service for Candidates apply to users of the Site seeking employment through BizThon. In the case of any conflict or inconsistency between this Agreement and any other BizThon Terms of Service which apply to a user, this Agreement shall control only with respect to a user’s use of the Site and Service to post or participate in hackathons, or to post software projects and other content to public portions of the BizThon Site.
ACCEPTANCE OF AGREEMENT
By using and/or visiting our Site, you agree to the terms and conditions outlined in this Agreement and accompanying Privacy Policy (collectively the “Agreement”). If you do not agree to the Agreement, you should not use the Site.
We may revise this Agreement at any time by posting an update to the Site. Your continued use of our Site after a posted change of this Agreement means that you agree to be bound by the changes, so please check the Agreement regularly for any changes.
You affirm that you are at least the age of majority where you reside, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You also affirm that you are able to abide by and comply with this Agreement.
SUMMARY OF SERVICE AND DEFINITIONS
BizThon is a platform that enables certain users (“Makers”) to create profiles of their skills and work related to software development and describe software projects they have worked on by submitting their software, updates, contributions or other materials on the Site. Other users (“Posters”) can post hackathons (“Hackathons”) to motivate Makers to create new software or enter existing software, that meets requirements stated on the Site.
DEFINITION
“Content” means various content including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, source code, other material and information, and associated trademarks and copyrightable works, that the Service makes accessible through the Site, email, and other media.
“Users” means Posters, Makers, and other visitors to the Site and users of the Service who have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.
“User Content” means any Content submitted by Users.
“User Profile” means User Content that describes a User’s skills, work related to software development, affiliations, software projects, activity on the Site, or other biographical content.
“Software” means User Content entered on the Site to describe a software project a Maker has contributed to.
“Submission” means the version of Software entered on the Site that is entered as a submission to a Hackathon by a Maker.
“Hackathon Content” means User Content posted as a Hackathon by a Poster and includes the description and request for Submissions, terms and conditions, copyrighted material, trademarks, trade names, logos, designs, promotional materials, drawings, illustrations, slogans and representations.
“Hackathon Website” means the specific Hackathon website where you enter a Submission and access the Hackathon Content.
“Official Rules” refers to the Hackathon-specific terms and conditions posted on the Hackathon Website.
“Submission Period” means the period during which Makers may submit Submissions, as specified in the applicable Hackathon Website or Official Rules.
“Intellectual Property Rights” means copyrights, trademarks, trade secrets, patents, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, representations, and any other proprietary rights.
USERNAME AND PASSWORD
To access certain restricted sections of our Site you will be required to sign up for a BizThon account. You agree that the confidentiality of your username and password is your responsibility. You agree to accept responsibility for all activities that occur under your username and password and to notify us immediately if you believe there has been any unauthorized use of your account or other breach of security.
We reserve the right to suspend or terminate any User account, and to reclaim or re-assign usernames without any liability to you. Usernames are displayed publicly on the Site. You agree not to create a username that is obscene or offensive to others, impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity. We reserve the right to reclaim usernames associated with accounts that have been inactive for more than six months. We may also reclaim usernames on behalf of organizations or individuals if they hold legal claims or trademarks on those usernames.
PARTICIPATION IN A HACKATHON
Participation in a Hackathon on our Site, including entering Submissions, is governed by this Agreement and the Official Rules posted on the Hackathon Website. Official Rules are the responsibility of the Poster. If there is any inconsistency between the terms of this Agreement and the Official Rules of a Hackathon, the Official Rules will prevail, but for that Hackathon only.
You must first create a BizThon account and register on the Hackathon Website to be able to enter a Hackathon. You need to follow all instructions stated on the Site in order to register.
-
a. Hackathon Submission Drafts & Modifications
Prior to the end of a Submission Period, you may save draft versions of your Submission on the Site to your portfolio before submitting the Software to the Hackathon for evaluation. Once the Submission Period has ended, you may not make any changes or alterations to your Submission, but you may continue to update the project in your portfolio.
A Poster may permit you to modify part of your Submission after the Submission Period to remove material that potentially infringes a third-party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what the Poster permits.
-
b. Team and Organization Representatives
If a team or organization is entering a Hackathon, they must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet the eligibility requirements for the Hackathon specified in the Official Rules.
By entering a Submission on the Site on behalf of a team or organization, you represent and warrant that you are the Representative authorized to act on behalf of your team or organization.
If there is a dispute over the identity of a Maker in a Hackathon on the Site, the email address used to enter the Hackathon and the person or entity assigned to that email address will be used to determine the Maker. The Poster and BizThon are not responsible for resolving any dispute between individuals or entities over the identity of the Maker. In the event of such a dispute, they may disqualify the disputed Submission and/or suspend or withdraw a prize.
-
c. Responsibility for Hackathon Submissions
You are solely responsible for confirming that your Submission is complete and for making and storing copies or drafts of it. The Poster is not responsible for confirming the accuracy or completeness of a Submission as received. The Poster and BizThon are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers or Representatives. Proof of sending or submitting will not be deemed to be proof of receipt by a Poster or BizThon.
If BizThon and/or a Poster determines that your Submission has not been received, or has been erroneously deleted, lost, destroyed or corrupted, you may request the opportunity to resubmit your Submission. However, you must make such a request promptly after you know or should have known there was a problem. Your request will be handled at the sole discretion of the Poster and/or BizThon.
The Poster has the right to require additional information. They also have the right to access any software application that is part of your Submission, in person or via any other reasonable manner, to verify that the software application functions and operates as described in other parts of your Submission, or to verify your role in creating the software. Failure by a Maker to respond or provide additional information or access may result in disqualification of the Submission by the Poster.
Submissions may be posted on the Hackathon Website or elsewhere on the Site before or after being screened or tested by the Poster for compliance with the Official Rules. Posting of a Submission to the Site or Hackathon Website does not mean that the Submission is eligible. A Submission may be disqualified after it has been publically displayed.
By entering a Hackathon on the Bizthon Website, you (and, if you are entering on behalf of a team or organization, each participating member) agree(s) to the following:
- a. The relationship between you, the Maker, and the Poster and BizThon, is not a confidential, fiduciary, or other special relationship.
- b. You will be bound by and comply with this Agreement and the Official Rules and the decisions of the Poster, BizThon, and/or the Hackathon judges which are binding and final in all matters relating to the Hackathon.
By participating in a Hackathon on the Site you consent to the use of personal information about you, if you are a winner, by the Poster, BizThon, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes. The duration of your consent is for a period of three years following the conclusion of the Hackathon. This consent applies, as applicable, to all members of a Maker’s team or organization which participated in the winning Submission.
- a. Posters and BizThon reserve the right, in their sole discretion, to cancel, suspend and/or modify a Hackathon, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
-
b. Posters and BizThon reserve the right
in their sole discretion to disqualify any individual or
Maker they find to be:
- Actually, or presenting the appearance of, tampering with the entry process or the operation of a Hackathon;
- acting in violation of this Agreement or the Official Rules, or in a manner that is inappropriate, unsportsmanlike, and/or not in the best interests of the Hackathon; or
- violating any applicable law or regulation.
- c. Any attempt by any person to undermine the proper conduct of a Hackathon may be a violation of criminal and civil law. If a Poster or BizThon suspects that such an attempt has been made or is threatened, they may take appropriate action, including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
- d. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Hackathon materials, including the Submission form, Hackathon Website, advertising (including television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
- e. The terms and conditions of Official Rules may change at any time, including the rights or obligations of the Maker and the Poster. The Poster will post the terms and conditions of the amended Official Rules on the Hackathon Website.
- f. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.
- g. If at any time prior to a Hackathon deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification to the Poster.
- h. A Poster and/or BizThon’s failure to enforce any term of this Agreement or the Official Rules shall not constitute a waiver of that provision. If any provision of any Official Rules is or becomes illegal or unenforceable in any jurisdiction whose laws or regulations apply to you, the remainder of the Official Rules, including the rule affected, shall remain unaffected and valid, to the fullest extent permitted by law, The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
POSTING A HACKATHON ON THE SITE
BizThon reserves the right to approve any Hackathon Content before it is posted on the Site. We may refuse any User the right to post Hackathon Content if we deem that the Hackathon Content is incomplete, misleading, inappropriate, or inconsistent with the purpose of the Site or Service.
-
Hackathon Content Requirements
- a. Posters agree that any Hackathon Content will be accurate and will not violate the Code of Conduct outlined above in Section 4. By posting a Hackathon on the Site, you represent warrant and agree that your Hackathon Content meets these requirements.
- b. Posting a Hackathon on our Site does not guarantee the Poster any exclusivity with respect to the subject matter, and all Hackathon Content will be made available to Users of the Site on a non-exclusive basis.
-
Poster Obligations
By posting Hackathon Content on our Site and using the Service, Posters agree to:
- a. Be fair and impartial towards other Users, which includes but is not limited to allowing members of any race, religion, or gender to participate in your Hackathon. BizThon may allow hackathons on the platform that are exclusive to one or more specific races, religions, or genders if BizThon deems the hackathon to be in support of a positive effort such as from an underrepresented community, a single-gender school, or other at BizThon's sole discretion;
- b. Include Official Rules that outline the terms and conditions of participation in the Hackathon;
- c. Adhere to such Official Rules and be consistent in their application; and
- d. Award any prizes promoted on the Site.
-
Poster Responsibility for Legal Compliance
Posters are solely responsible for compliance with applicable laws and regulations regarding the administration of their Hackathon and awarding of prizes, use or acquisition of any Submissions received from Makers, or the transfer to Makers of any technologies in which the Poster may be involved, including without limitation, import/export requirements, and BizThon will have no responsibility or liability thereto.
USER OBLIGATIONS AND PROHIBITED USE
The following are the obligations of the users, and any conduct in breach of the same shall deem the use to be prohibited, making such user’s access to the platform liable to be revoked:
- a. Wherever the website allows you to post or upload data or information, the user shall not publish any material that is false, offensive, harmful, obscene, hateful, pornographic, defamatory, libellous, demeaning, abusive, threatening, or in any other way illegal or infringing upon the legal rights of others, or in violation of the Code of Conduct;
- b. The user shall not use, or solicit another party to use BizThon, directly or indirectly, for any purpose which is prohibited by applicable law, rule, regulation or guideline, or, in violation of the BizThon Code of Conduct;
- c. The user shall not impersonate any other natural or legal person, input their identification or contact details, create accounts in their name, or falsely state or misrepresent any association or affiliation with such persons;
The user shall not willfully engage in any conduct interfering with, disrupting access to, or breaching the security of BizThon and its website, servers, data, etc., including but not limited to distributed denial-of-service, upload or distribution of corrupted files, viruses and malware.
RIGHTS RESERVED
BizThon reserves with itself the right to:
- a. Change these terms at any point in time,
- b. Start requiring certain payment for access to the platform, which is currently free, and to subsequently change such amount,
- c. Restrict certain identifiable classes of users from accessing the platform,
- d. Revoke access of any user of the platform, as under clause 6 or for any other just cause, including but not limited to misconduct and breach of agreement.
PRIVACY
Data collection and privacy on the website and all its pages shall also be governed by the Devfoli Privacy Policy which can be found here and is accordingly incorporated herein by reference.
WARRANTIES AND DISCLAIMERS
- a. All BizThon products, services, documentation, sites, as well as information about Hackathons are on an "as is", and "as available" basis, as provided by Hackathon Organisers.
- b. BizThon makes no warranties, express or implied, statutory or otherwise, including inter alia of title, fitness, appropriateness of use, or non-infringement.
- c. All information on this website is for informational purposes only. We make no representations, warranties, or guarantees, regarding the accuracy of any information on the website; regarding our products and services meeting user expectations and requirements; regarding data being stored in a secure and loss-less manner; and that the use of our products shall be uninterrupted, unencumbered, error-free, and timely.
- d. We claim no responsibility, and shall not be liable for any action or omission, directly or indirectly attributable to other users, or to the Hackathon organiser, which may be illegal or otherwise deficient.
- e. If in any jurisdiction certain warranties are statutorily mandated, they shall be deemed to be valid for the shortest period and maximum extent possible.
EXTERNAL SITES
Our Site may contain links to third-party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.
GOVERNING LAW AND DISPUTE RESOLUTION
Use of the website shall be governed by the laws of India, and Any controversy or claim arising out of or relating to this Agreement or the interpretation, breach, termination, or validity thereof shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act 1996 rules. The language to be used in the arbitral proceedings shall be English and the seat of the arbitration shall be India. The arbitration is to be carried out by a solo arbitrator mutually appointed.
INDEMNIFICATION
The User agrees to defend, indemnify, and hold Bizthon, its agents, affiliates, officers, directors, employees, suppliers, and consultants, harmless from any and all claims including third-party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, (a) their use of the platform, (b) their conduct in violation of these terms, and (c) any other illegal conduct solely by them on their accord.
MISCELLANEOUS
Entire agreement: This document contains all the terms applicable to the use of the website, and supersedes all other previous undocumented communication and representation and agreements between the parties.
Severability: In the event of any clause here being declared unenforceable or invalid, then only such clause or part thereof shall be struck, and all the remaining provisions shall remain in full force and effect.
LINKS TO OTHER WEBSITES
Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third-party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
USER ELIGIBILITY
By using this website, you represent that you are at least eighteen (18) years of age, and otherwise too competent to enter into a valid contract; or if you’re between thirteen (13) and eighteen (18) years old, your educational institution, parent, or guardian has agreed to these terms on your behalf. Children below the age of thirteen (13) are not permitted to use Bizthon. We do not collect user data nor intend to onboard users under the age of 13. If you are under 13, or between 13 and 18 and do not have your parents’ consent, then please do not use BizThon. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us.
CHANGES
We reserve the right to update this Agreement from time to time. With each change, we shall notify the relevant users by way of a banner on our website, or by email, based on the significance of the changes. Continuing usage of the website will then imply acceptance of the new terms of the Agreement.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: social@bizthon.com
By visiting this page on our website: https://bizthon.com/