| Terms & Conditions |
Buzz2Hype.com
Terms of Use Agreement Buzz2Hype (“Buzz2Hype” or “we”) operates
Buzz2Hype.com, which is a social networking service that allows Members to
create unique personal profiles online in order to find and communicate with
old and new friends. The services offered by Buzz2Hype include any
Buzz2Hype-branded URL (the " Buzz2Hype Website" ), the Buzz2Hype
instant messaging service, Buzz2Hype mobile services, and any other features,
content, or applications offered from time to time by Buzz2Hype in connection
with Buzz2Hype’s business (collectively, the " Buzz2Hype Services" ). This Terms of Use Agreement
(" Agreement" ) sets forth the legally binding terms for your use of
the Buzz2Hype Services. By using the Buzz2Hype Services, you agree to be
bound by this Agreement, whether you are a " Visitor"
(which means that you simply browse the Buzz2Hype Website, including through a
mobile device, or otherwise use the Buzz2Hype Services without being
registered) or you are a " Member" (which means
that you have registered with Buzz2Hype). The term " User"
refers to a Visitor or a Member. You are only authorized to use the Buzz2Hype
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
Buzz2Hype Website and discontinue use of the Buzz2Hype Services immediately.
If you wish to become a Member, communicate with other Members and/or
make use of the Buzz2Hype Services, you must read this Agreement and indicate
your acceptance during the registration process. This Agreement includes Buzz2Hype's policy for
acceptable use of the Buzz2Hype Services and Content (as defined in Section 6.1
below) posted on or through the Buzz2Hype Services and your rights, obligations
and restrictions regarding your use of the Buzz2Hype Services and Content
posted on or through the Buzz2Hype Services. In order to participate in
certain Buzz2Hype Services, you may be notified that you are required to
download software or content and/or agree to additional terms and conditions
from Buzz2Hype. Unless otherwise provided by the additional terms and conditions
applicable to the Buzz2Hype Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement. Buzz2Hype may modify this Agreement from time to
time and such modification shall be effective upon posting by Buzz2Hype on the
Buzz2Hype Website. Your continued use of the Buzz2Hype Services after
Buzz2Hype 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 Buzz2Hype Services and that you provide to other Users.
Your Buzz2Hype profile may not include any form of Prohibited Content, as
outlined in Section 8 below. Despite this prohibition, information,
materials, products or services provided by other Buzz2Hype Members (for
instance, in their profile) may, in whole or in part, be unauthorized,
impermissible or otherwise violate this Agreement, and Buzz2Hype assumes no
responsibility or liability for this material. If you become aware of
misuse of the Buzz2Hype Services by any person, please click on the
" Contact Buzz2Hype” or the “Report Abuse” link anywhere on the Buzz2Hype
Website pages. Buzz2Hype 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 Buzz2Hype Services at any time, for any or no reason, with
or without prior notice or explanation, and without liability. Buzz2Hype
expressly reserves the right to remove your profile and/or deny, restrict,
suspend, or terminate your access to all or any part of the Buzz2Hype Services
if Buzz2Hype determines, in its sole discretion, that you have violated this
Agreement or pose a threat to Buzz2Hype and/or its Users. 1.
Eligibility. Use of the Buzz2Hype
Services and registration to be a Member for the Buzz2Hype Services
(“Membership”) is void where prohibited. By using the Buzz2Hype 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 13 years of age or older and (d) your use of the Buzz2Hype
Services does not violate any applicable law or regulation. Your profile
may be deleted and your Membership may be terminated without warning, if we
believe that you are under 13 years of age, if we believe that you are under 18
years of age and you represent yourself as 18 or older, or if we believe you
are over 18 and represent yourself as under 18. 2.
Term. This Agreement, and any posted
revision to this Agreement, shall remain in full force and effect while you use
the Buzz2Hype Services or are a Member. You may terminate your Membership
at any time, for any reason, by following the instructions on the Member's
Account Settings page. Buzz2Hype may terminate your Membership at any
time, for any or no reason, with or without prior notice or explanation, and
without liability. Even after Membership is terminated, this Agreement
will remain in effect, including Sections 5-17. 3.
Fees. You acknowledge that Buzz2Hype
reserves the right to charge for any portion of the Buzz2Hype Services and to
change its fees (if any) from time to time in its discretion. If
Buzz2Hype terminates your Membership because you have breached the Agreement,
you shall not be entitled to the refund of any unused portion of fees or
payments (if any). 4.
Password. When you sign up to become
a Member, you will also be asked to choose a password. You are entirely
responsible for maintaining the confidentiality of your password. You
agree not to use the account, username, or password of another Member at any
time or to disclose your password to any third party. You agree to notify
Buzz2Hype immediately if you suspect any unauthorized use of your account or
access to your password. You are solely responsible for any and all use
of your account. 5.
Use by Members. The Buzz2Hype
Services are for the personal use of Members and may be used for promotional
purposes as well, but direct commercial endeavors may only be used if they are
specifically endorsed or authorized by Buzz2Hype. Buzz2Hype reserves the
right to remove commercial content in its sole discretion. Illegal and/or
unauthorized use of the Buzz2Hype Services, including collecting usernames,
user id numbers, and/or email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or unauthorized framing of or
linking to the Buzz2Hype Website, or employing third party promotional sites or
software to promote profiles for money, is prohibited. Commercial
advertisements, affiliate links, and other forms of unauthorized solicitation
may be removed from Member profiles without notice or explanation and may
result in termination of Membership privileges. Buzz2Hype reserves the
right to take appropriate legal action for any illegal or unauthorized use of
the Buzz2Hype Services. 6. Proprietary
Rights in Content on Buzz2Hype. 6.1 Buzz2Hype does
not claim any ownership rights in the text, files, images, photos, video,
sounds, musical works, works of authorship, applications, or any other
materials (collectively, " Content" ) that you post on or through the
Buzz2Hype Services. After posting your Content to the Buzz2Hype Services,
you continue to retain any such rights that you may have in your Content,
subject to the limited license herein. By displaying or publishing
(" posting" ) any Content on or through the Buzz2Hype Services, you
hereby grant to Buzz2Hype a limited license to use, modify, delete from, add
to, publicly perform, publicly display, reproduce, and distribute such Content
solely on or through the Buzz2Hype Services, including without limitation
distributing part or all of the Buzz2Hype Website in any media formats and
through any media channels, except Content marked “private” will not be
distributed outside the Buzz2Hype Website. This limited license does not
grant Buzz2Hype the right to sell or otherwise distribute your Content outside
of the Buzz2Hype Services. After you remove your Content from the
Buzz2Hype Website we will cease distribution as soon as practicable, and at
such time when distribution ceases, the license will terminate. If after
we have distributed your Content outside the Buzz2Hype Website you change the
Content’s privacy setting to “private,” we will cease distribution of such
“private” Content outside the Buzz2Hype Website as soon as practicable after
you make the change. 6.2 The license
you grant to Buzz2Hype is non-exclusive (meaning you are free to license your
Content to anyone else in addition to Buzz2Hype), fully-paid and royalty-free
(meaning that Buzz2Hype is not required to pay you for the use on the Buzz2Hype
Services of the Content that you post), sublicensable (so that Buzz2Hype is
able to use its affiliates, subcontractors and other partners such as Internet
content delivery networks and wireless carriers to provide the Buzz2Hype
Services), and worldwide (because the Internet and the Buzz2Hype Services are
global in reach). 6.3 You represent
and warrant that: (i) you own the Content posted by you on or through the
Buzz2Hype Services or otherwise have the right to grant the license set forth
in this Section 6, and (ii) the posting of your Content on or through the
Buzz2Hype Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity.
You agree to pay for all royalties, fees, and any other monies owing any
person or entity by reason of any Content posted by you on or through the
Buzz2Hype Services. 6.4 The Buzz2Hype
Services contain Content of Buzz2Hype (" Buzz2Hype Content" ).
Buzz2Hype Content is protected by copyright, trademark, patent, trade
secret and other laws, and Buzz2Hype owns and retains all rights in the
Buzz2Hype Content and the Buzz2Hype Services. Buzz2Hype hereby grants you
a limited, revocable, nonsublicensable license to reproduce and display the
Buzz2Hype Content (excluding any software code) solely for your personal use in
connection with viewing the Buzz2Hype Website and using the Buzz2Hype Services.
6.5 The Buzz2Hype
Services contain Content of Users and other Buzz2Hype licensors. Except
as provided within this Agreement, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display, or sell any Content
appearing on or through the Buzz2Hype Services. 6.6 Buzz2Hype
performs technical functions necessary to offer the Buzz2Hype Services,
including but not limited to transcoding and/or reformatting Content to allow
its use throughout the Buzz2Hype Services. 7. Content
Posted. 7.1 Buzz2Hype may
reject, refuse to post or delete any Content for any or no reason, including
Content that in the sole judgment of Buzz2Hype 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. Buzz2Hype assumes no
responsibility for monitoring the Buzz2Hype Services for inappropriate Content
or conduct. If at any time Buzz2Hype chooses, in its sole discretion, to
monitor the Buzz2Hype Services, Buzz2Hype 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. 7.2
You are solely responsible for the Content that you post on or through any of
the Buzz2Hype Services, and any material or information that you transmit to
other Members and for your interactions with other Users. 8. Content/Activity
Prohibited. The following are examples of the kind of Content that is
illegal or prohibited to post on or through the Buzz2Hype Services.
Buzz2Hype reserves the right to investigate and take appropriate legal
action against anyone who, in Buzz2Hype's sole discretion, violates this
provision, including without limitation, removing the offending Content from
the Buzz2Hype Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to, Content that, in the
sole discretion of Buzz2Hype: 8.1 is patently
offensive and promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual 8.2 harasses or
advocates harassment of another person 8.3 exploits
people in a sexual or violent manner 8.4 contains
nudity, excessive violence, or offensive subject matter or contains a link to
an adult website 8.5 solicits
personal information from anyone under 18 8.6 publicly posts
information that poses or creates a privacy or security risk to any person 8.7 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 8.8 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 8.9 involves the
transmission of " junk mail," " chain letters," or
unsolicited mass mailing, instant messaging, " spimming," or
" spamming" 8.10 contains restricted or password only
access pages or hidden pages or images (those not linked to or from another
accessible page) 8.11 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,
violating someone's privacy, or providing or creating computer viruses 8.12 solicits passwords or personal
identifying information for commercial or unlawful purposes from other Users 8.13 involves commercial activities and/or
sales without prior written consent from Buzz2Hype such as contests,
sweepstakes, barter, advertising, or pyramid schemes 8.14 includes a photograph or video of
another person that you have posted without that person's consent 8.15 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 or 8.16 violates the privacy rights,
publicity rights, copyrights, trademark rights, contract rights or any other
rights of any person. The
following are examples of the kind of activity that is illegal or prohibited on
the Buzz2Hype Website and through your use of the Buzz2Hype Services.
Buzz2Hype reserves the right to investigate and take appropriate legal
action against anyone who, in Buzz2Hype's sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to: 8.17 criminal or tortious activity,
including child pornography, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses
or other harmful files, copyright infringement, patent infringement, or theft
of trade secrets 8.18 advertising to, or solicitation of,
any Member to buy or sell any products or services through the unauthorized or
impermissible use of the Buzz2Hype Services. You may not transmit any
chain letters or junk email to other Members. In order to protect our
Members from such advertising or solicitation, Buzz2Hype reserves the right to
restrict the number of emails which a Member may send to other Members in any
24-hour period to a number which Buzz2Hype deems appropriate in its sole
discretion. If you breach this Agreement and send unsolicited bulk email,
instant messages or other unauthorized commercial communications of any kind
through the Buzz2Hype Services, you acknowledge that you will have caused
substantial harm to Buzz2Hype, but that the amount of such harm would be
extremely difficult to ascertain. As a reasonable estimation of such harm,
you agree to pay Buzz2Hype for each such unsolicited email or other
unauthorized commercial communication you send through the Buzz2Hype Services 8.19 circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any other
person in circumventing or modifying any security technology or software that
is part of the Buzz2Hype Services 8.20 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 8.21 covering or obscuring the banner
advertisements on your personal profile page, or any Buzz2Hype page via
HTML/CSS or any other means 8.22 any automated use of the system, such
as, but not limited to, using 8.23 interfering with, disrupting, or
creating an undue burden on the Buzz2Hype Services or the networks or services
connected to the Buzz2Hype Services 8.24 impersonating or attempting to
impersonate another Member, person or entity 8.25 for band, comedy, filmmaker and other
profiles containing a Buzz2Hype player, copying the code for your Buzz2Hype
Player and embedding it (or directing others to embed it) anywhere other than
your band profile on Buzz2Hype 8.26 using the account, username, or
password of another Member at any time or disclosing your password to any third
party or permitting any third party to access your account 8.27 selling or otherwise transferring
your profile 8.28 using any information obtained from
the Buzz2Hype Services in order to harass, abuse, or harm another person or
entity, or attempting to do the same 8.29 displaying an unauthorized commercial
advertisement on your profile, or accepting payment or anything of value from a
third person in exchange for your performing any commercial activity through
the unauthorized or impermissible use of the Buzz2Hype Services on behalf of
that person, such as placing commercial content on your profile, posting blogs
or bulletins with a commercial purpose, selecting a profile with a commercial
purpose as one of your " Top 8" friends, or sending private messages
with a commercial purpose or 8.30 using the Buzz2Hype Services in a
manner inconsistent with any and all applicable laws and regulations. 9. Protecting
Copyrights and Other Intellectual Property. Buzz2Hype 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. Buzz2Hype has
the right to terminate the Membership of infringers. If you believe your work
has been copied and posted on or through the Buzz2Hype Services in a way that
constitutes copyright infringement, please send Buzz2Hype'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 Buzz2Hype 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 a uthorized to act on the copyright owner's
behalf and (f) your physical or electronic signature. Buzz2Hype provides
certain tools and technologies to help facilitate copyright owners’ control
over their copyrighted works. 10. Member
Disputes. You are solely responsible for your interactions with other
Buzz2Hype Members. Buzz2Hype reserves the right, but has no obligation,
to become involved in any way with disputes between you and other Members. 11.
Disclaimers. Buzz2Hype 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 or through the Buzz2Hype Services, whether caused by
Users of the Buzz2Hype Services or by any of the equipment or programming
associated with or utilized in the Buzz2Hype Services and such User Content
does not necessarily reflect the opinions or policies of Buzz2Hype.
Profiles and third party applications created and posted by Members on
the Buzz2Hype Website may contain links to other websites. Buzz2Hype 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 Buzz2Hype. Inclusion of any
linked website on the Buzz2Hype Services does not imply approval or endorsement
of the linked website by Buzz2Hype. When you access these third party
sites, you do so at your own risk. Buzz2Hype takes no responsibility for
third party advertisements or third party applications that are posted on or
through the Buzz2Hype Services, nor does it take any responsibility for the
goods or services provided by its advertisers. Buzz2Hype is not responsible for
the conduct, whether online or offline, of any User of the Buzz2Hype Services.
Buzz2Hype 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. Buzz2Hype 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 Buzz2Hype 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
Buzz2Hype Services. Under no circumstances shall Buzz2Hype be responsible
for any loss or damage, including personal injury or death, resulting from use
of the Buzz2Hype Services, attendance at a Buzz2Hype event, from any User
Content posted on or through the Buzz2Hype Services, or from the conduct of any
Users of the Buzz2Hype Services, whether online or offline. The Buzz2Hype
Services are provided " AS-IS" and as available and Buzz2Hype
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Buzz2Hype cannot guarantee and does not promise any
specific results from use of the Buzz2Hype Services. 12.
Limitation on Liability. IN NO EVENT SHALL Buzz2Hype 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 Buzz2Hype SERVICES, EVEN IF Buzz2Hype HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, Buzz2Hype'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 Buzz2Hype FOR THE Buzz2Hype SERVICES DURING THE
TERM OF MEMBERSHIP. 13.
U.S. Export Controls. Software available in connection with the
Buzz2Hype Services (the " Software" ) is further subject to United
States export controls. No Software may be downloaded from the Buzz2Hype
Services or otherwise exported or re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole risk. 14. Disputes. The Agreement shall be
governed by, and construed in accordance with, the laws of Italy, without
regard to its conflict of law provisions. You and Buzz2Hype agree to
submit to the exclusive jurisdiction of the courts located within Italy to
resolve any dispute arising out of the Agreement or the Buzz2Hype Services.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
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.
FURTHER, EACH PARTY HERETO 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. 15.
Indemnity. You agree to indemnify and hold Buzz2Hype, its
subsidiaries, and affiliates, and their respective officers, agents, partners
and employees, 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 Buzz2Hype 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 Buzz2Hype Services causes Buzz2Hype to
be liable to another. 16.
Other. This Agreement is accepted upon your use of the Buzz2Hype
Website or any of the Buzz2Hype Services and is further affirmed by you
becoming a Member. This Agreement constitutes the entire agreement
between you and Buzz2Hype regarding the use of the Buzz2Hype Services.
The failure of Buzz2Hype to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no
legal or contractual effect. Buzz2Hype is a trademark of Buzz2Hype, Inc.
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. Please contact us at: Contact
Buzz2Hype with any questions regarding this Agreement. I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |
