Summary of Buzdeo Terms &
Conditions
This is a summary only. For our complete Terms and Conditions, click here.
Please note that while our Terms and Conditions may change from time to time, you will always find
the most recent version here.
Age: You must be
at least 13 years of age to sign-up for Buzdeo. See Age/Ability to Accept Terms and Conditions section of
this document for more details.
Your videos are your own. Buzdeo claims no ownership rights to
the content you submit to the site. You may modify or delete your own content at
any time.
You control who views your content. Buzdeo is designed to provide
an environment and tools so that you can share your videos publicly with the world,
or privately, with your own friends and family.
Your personal information is
protected. Your privacy is extremely important to us and we strive to
protect it. Please see our Privacy Policy for details.
You are responsible for the content that you upload to Buzdeo.
By submitting content to our site, you affirm that you own or have acquired all
rights to your submission and content. You must not submit content to our site that
is offensive, abusive, libelous or in violation of the laws in your jurisdiction
or these Terms and Conditions. Buzdeo reserves the right to reject or remove such
content from the Website.
Buzdeo reserves the right to terminate your account if you do not comply with
the terms and conditions.
To read the complete Buzdeo Terms and Conditions, please see below.
Terms and Conditions
Last updated August 1st, 2007
Your Acceptance
By visiting this website (collectively, including all Buzdeo Content (defined below
under "Trademarks; Ownership") available through the Buzdeo domain name, the "Buzdeo
Website," or "Website"; the terms "Buzdeo Website" and the "Website" also refer
to those portions of the Website that are co-branded or co-labeled with a third
party name or brand) and/or using or accessing the services (the "Service") provided
by Buzdeo, Inc. ("Buzdeo", "we" or "us"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE
TERMS AND CONDITIONS (the "Terms and Conditions") AND THE TERMS AND CONDITIONS OF
Buzdeo'S PRIVACY POLICY WHICH ARE PUBLISHED AT http://www.Buzdeo.com/conditions.aspx,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. These Terms and Conditions govern
your use of the Website and the Service, including any software that Buzdeo makes
available to users of the Service (the "Software"). Each time you use the Buzdeo
Website, the current version of these Terms and Conditions will apply. Accordingly,
when you use the Buzdeo Website, you should check the date of the Terms and Conditions
(which appears at the top) and review any changes since the last version. These
Terms and Conditions apply to all users of the Buzdeo Website, Service or Software,
including users who are also contributors of video content, information, and other
materials or services on the Website. If you do not agree to any of these terms,
then please do not use the Buzdeo Website, Service or Software.
Your Conduct and Responsibilities
You hereby agree to the following with regard to your use of the Website, Service
or Software:
- You shall provide accurate, true and current information as prompted during the
registration process and shall maintain and update such information to keep it accurate,
true and current at all times.
- You shall be solely responsible for all activity associated with your account, including,
without limitation any posted data, text, links, video clips, photos, other media
content and comments regardless of whether or not you are the person posting such
content or comments (collectively, the "User Content").
- You represent and warrant that all User Content that you post to the Website shall
be your wholly original material (except for material that you are using with the
permission of its owner), and will not infringe any copyright, trademark or other
rights of any third party including without limitation any rights of privacy or
publicity.
- You shall be solely responsible for keeping a duplicate copy of all User Content
that you post to the Website and we do not accept any responsibility or liability
for the loss of your User Content.
- You shall not share your password with any other person or post it on this or any
other website. "Partner" shall mean any person, entity or organization with whom
Buzdeo enters into any kind of business transaction relating to the Service or User
Content. Neither Buzdeo nor any of its Partners is responsible or liable for any
unauthorized use of your account.
- You shall not use the Buzdeo Service for any illegal or unauthorized purpose.
- You shall not attempt to hack, destabilize or adapt the Buzdeo Website or Software
or its source code, or alter another website so as to falsely imply that it is affiliated
with Buzdeo.
- You shall not transmit worms, viruses or any code of a destructive nature to Buzdeo
or its users.
- You shall not, without our prior express written permission, use any high volume
automated means (including but not limited to robots, spiders and scripts) to access
the Website or Service.
- Your account shall be terminated if it is used for hosting graphic elements of web
page designs, icons, buddy icons, forum avatars, badges and other elements outside
of the Buzdeo Website or Service.
- We may make third party software and/or services (such as upload software and tape
transfers) available to you in conjunction with the use of Buzdeo Website and Service.
You are responsible for ensuring that you are in possession of any and all necessary
licenses or other documentation for the products provided by any third party and
that you understand and comply with the terms and conditions of such licenses.
- You are solely responsible for obtaining and maintaining all equipment and services
needed for access to and use of our Website, Services and Software and for paying
all charges related thereto.
- Any comments, suggestions, or feedback relating to the Website, Service or Software
(collectively "Feedback") submitted to Buzdeo shall become the property of Buzdeo
or its designee. We will not be required to treat any Feedback as confidential,
and will not be liable for any ideas (including without limitation, product, Website
or advertising ideas) and will not incur any liability as a result of any similarities
that may appear in our future Website, Service, Software or operations. Without
limitation, we will have exclusive ownership of all present and future existing
rights to the Feedback of every kind and nature everywhere. We will be entitled
to use the Feedback for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Feedback. You acknowledge that you are responsible
for whatever material you submit, and you, not us, have full responsibility for
the message, including its legality, reliability, appropriateness, originality,
and copyright.
- You shall not abuse, harass, threaten, harm or impersonate other Buzdeo users or
employees of Buzdeo or any of its Partners, at any time or for any reason.
- You shall not upload onto Buzdeo User Content deemed hateful, threatening, pornographic,
obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any
content that encourages conduct that would be considered a criminal offense or bring
forth civil liability.
- You shall not broadcast or send any form of advertising, mass communication or solicitation
to any Buzdeo users.
- You understand that when using the Buzdeo Website or Service, you will be exposed
to User Content provided by other users and you agree that neither Buzdeo nor any
of its Partners is responsible for the accuracy, safety, appropriateness or intellectual
property rights of or related to such content. If you believe that another user
has violated the Terms and Conditions or has engaged in unlawful behavior on the
Buzdeo Website, please let us know.
User Content
You retain your ownership rights to the User Content you upload to the Buzdeo Website.
You are responsible for your own User Content on the Buzdeo Website and the consequences
of posting or publishing it. By uploading User Content to the Buzdeo Website, you
hereby represent and warrant that:
- You own all right, title and interest (including all intellectual property rights)
in your User Content (including, without limitation, all rights to the audio, video,
or digital recording, and the performance contained in your User Content) or, alternatively,
you have acquired all necessary rights in your User Content to enable you to grant
the rights in your User Content described herein;
- You have already paid, and you will be solely responsible for paying (to the extent
any later become due) all royalties, fees, and any other monies owing any person
by reason of any User Content posted by you to or through the Website and the Services.
- You are the individual pictured and/or heard in your User Content, or, alternatively,
you have obtained permission from any and all individuals (including consent from
parents or guardians for any individual under the age of eighteen (18)) who appear
and/or are heard in your User Content to grant the rights described herein;
- You shall make such permissions available to Buzdeo and its Partners upon request;
- Your User Content does not infringe the intellectual property rights, privacy, or
any other legal or moral rights of any third party;
- You agree to keep all records
necessary to establish that your User Content does not violate any of the foregoing
representations and warranties and to make such records available upon the request
of Buzdeo; and
- You agree that your User Content shall be Public User Content (as defined in the
Privacy Policy) by
default unless and until you change the privacy settings associated with such User
Content.
Buzdeo User Rights
Buzdeo grants you a non-exclusive, non-transferable, world-wide, royalty-free, revocable
license to publicly display, publicly perform, distribute, store, transcode, syndicate,
broadcast, reproduce, edit, modify, create derivative works, and otherwise use and
reuse any Public User Content of other users of Buzdeo (or any portions or derivative
works thereof) solely for non-commercial purposes, solely for use on and in connection
with the Buzdeo Website and Service and the websites of any or all of its Partners
in accordance with these Terms and Conditions and solely to the extent of the license
granted by the user to Buzdeo under these Terms and Conditions regarding such user's
Public User Content ("Buzdeo User Rights"). For purposes of determining if a user's
User Content is Public User Content and subject to the license granted pursuant
to this paragraph, such determination shall be made solely at the time a user downloads
another user's Public User Content and a subsequent change in privacy setting shall
in no way alter or change the license granted hereunder. For more information on
Public User Content, please review our
Privacy Policy.
We may and will make efforts to, but have no obligation to, remove User Content
and accounts containing User Content that we determine in our sole discretion to
be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise
objectionable or violates any party's intellectual property or other rights, or
these Terms and Conditions. While Buzdeo prohibits offensive and unlawful conduct
and content on its Website and Service, you understand and agree that neither Buzdeo
nor its Partners is responsible or liable for the User Content posted on the Website.
You may be exposed to such materials and agree to use the Buzdeo Service at your
own risk.
You understand that User Content is made available to Buzdeo users on an AS-IS,
AS-AVAILABLE basis. Neither Buzdeo nor its Partners guarantees that the availability
of User Content for use, editing, viewing or downloading will be uninterrupted,
bug free or available at all times. Buzdeo reserves the right to discontinue any
aspect of the Buzdeo Website or Service at any time, including discontinuing any
linked or embedded User Content either generally or in specific cases.
Buzdeo may provide you with an "Embeddable Player" feature to enable you to incorporate
certain User Content hosted by the Buzdeo Website which you may incorporate into
your own personal, non-commercial websites for use in accessing the materials on
the Website; provided that you include a prominent link back to the Buzdeo Website
on all the pages containing the Embeddable Player. Buzdeo shall have no responsibility
or liability for the User Content its users post to other websites, and the removal
of such content is the sole responsibility of those other websites.
Software
- License. Subject to these Terms and Conditions, Buzdeo grants you a non-exclusive,
non-transferable, non-assignable license (without right to sublicense) to install
and use one copy of the Software on your personal computer system in machine-executable
object code form only. You may make one copy of the Software solely for your own
emergency backup purposes, provided you include all copyright and trademark notices
on the back-up copy.
- Restrictions. You shall not (i) copy, modify, adapt, translate into any language,
distribute, or create derivative works based on the Software without the prior written
consent of Buzdeo; (ii) sublicense, sublease, lease, lend, assign, sell, resell,
license, re-license, distribute, rent, export, re-export, permit concurrent use
of or grant other rights in the Software and any attempt by you to take such action
shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct,
identify, or discover any source code, underlying ideas, underlying user interface
techniques, or algorithms of the Software by any means whatsoever; (iv) remove or
alter any copyright and/or other proprietary notices contained on or in the Software;
(v) use the Software for unlawful purposes, including to create or proliferate a
virus or to circumvent any copy protection or other digital rights management mechanism,
or to facilitate such unlawful purposes.
- Ownership. You have no ownership rights in the Software or any related documentation.
You acknowledge that the Software, including the related documentation and any new
releases, modifications, and enhancements thereto, belong to us and our licensors
if any, including all intellectual property rights therein. Buzdeo and its licensors
retain all right, title, and interest in and to the Software and any related documentation.
You understand and agree that you shall gain no right, title, or interest in or
to the Software by virtue of your Feedback and that you do not now have, will not
have, and will never claim to have, any proprietary rights (including intellectual
property rights and trade secret rights) in or to the Software (or any changes,
modifications, or corrections thereto). If you are ever held or deemed to hold any
right in or to the Software (or any changes, modifications, or corrections thereto)
by virtue of your Feedback, then you hereby irrevocably assign to Buzdeo all such
rights. In the event that any such right cannot be so assigned, you hereby agree
to waive enforcement worldwide of such rights against Buzdeo and hereby grant to
Buzdeo an exclusive license, with right to sublicense through multiple tiers of
sublicensees, to use, reproduce, distribute, create derivative works of, publicly
perform and display, in any medium or format, whether now known or later developed,
any and all property that is subject to such rights. You further acknowledge that
the Software, and any documentation and other information relating thereto include
some of our valuable trade secrets or confidential information, and agree to treat
the Software and such information as well as the terms of this Agreement as our
confidential and proprietary information. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROTECTED
BY U.S. AND INTERNATIONAL COPYRIGHT AND INTELLECTUAL PROPERTY LAWS AND THAT UNAUTHORIZED
USE MAY SUBJECT YOU TO CIVIL AND CRIMINAL LIABILITY.
- Third Party Software. You understand and agree that portions of the Software or
Service may include third party software that may be subject to a separate license
agreement (not this license), that we have no responsibility or liability to you
with respect to such third party software, and you agree to comply with and be bound
by such separate license agreement. Use of the Service or Software may, in the future,
require the installation of third party software which we may direct you to on our
Website. This software is provided to you from the applicable third party and its
use is subject to an end user license agreement with such third party and we will
not be responsible for providing such third party software or its use.
- Certain Third Party Notices. Portions of the Software are Copyright (including
for SWFObject) who have licensed such portions under the form of the MIT License.
Permission is hereby granted, free of charge, to any person obtaining a copy of
such portions and associated documentation files (the "MIT-Licensed Portions"),
to deal in the MIT-Licensed Portions without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the MIT-Licensed Portions, and to permit persons to whom the MIT-Licensed
Portions are furnished to do so, subject to the following conditions: The above
copyright notice and this permission notice shall be included in all copies or substantial
portions of the MIT-Licensed Portions. THE MIT-LICENSED PORTIONS ARE PROVIDED "AS
IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES
OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE MIT-LICENSED PORTIONS OR THE USE OR OTHER
DEALINGS IN THE MIT-LICENSED PORTIONS.
- U.S. Government End Users. The Software and any related documentation are "commercial
items" as that term is defined in 48 C.F.R.§2.101, consisting of "commercial computer
software" and "commercial computer software documentation", as such terms are defined
in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in
48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212,
48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19,
and other relevant sections of the United States Code of Federal Regulations, as
applicable, the Software and related documentation are distributed and licensed
to United States Government end users with only those restricted rights that are
contained in these Terms and Conditions.
Copyright
Buzdeo and its Partners respect the intellectual property of others, and we ask
you and all of our users to do the same. Buzdeo may remove content from the Website
that violates these policies and/or disable and/or terminate the accounts of users
who may violate our policies. If you believe that your User Content has been copied
in a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide Buzdeo's Copyright Agent the
following information:
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim
has been infringed;
- A description of where the material that you claim is infringing is located on the
Website;
- Your address, telephone number, and email address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
Send this information to:
By mail:
Xeinet Media Inc.
P.O. Box 556,
High Street,
Charlestown,
Nevis,
St Kitts & Nevis.
By email:
info@Buzdeo.com
Trademarks; Ownership
The content on the Buzdeo Website, Service and Software, including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Buzdeo Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to Buzdeo, subject to copyright
and other intellectual property rights under United States and foreign laws and
international conventions. Buzdeo Content on the Website, Service and Software is
provided to you AS IS for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the prior
written consent of the respective owners. Buzdeo reserves all rights not expressly
granted in and to the Website, Service and Software and the Buzdeo Content. You
agree to not engage in the use, copying, or distribution of any of the Buzdeo Content
other than expressly permitted herein, including any use, copying, or distribution
of User Content of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Buzdeo Content for personal use,
you must retain all copyright and other proprietary notices contained therein.
Third Party Websites
The Buzdeo Website may contain links to third party websites that are not owned
or controlled by Buzdeo. Buzdeo has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites. In
addition, Buzdeo will not and cannot censor or edit the content of any third party
website. By using the Website, you expressly relieve Buzdeo from any and all liability
arising from your use of any third party website. Accordingly, we encourage you
to be aware when you leave the Buzdeo Website and to read the terms and conditions
and privacy policy of each other website that you visit.
Subscriptions and Fees
Buzdeo reserves the right at any time to charge fees for access to new Buzdeo Content
or Services or to portions (or all) of the existing Website or Service. In no event
will you be charged for access to any Buzdeo Content or Service unless we obtain
your prior agreement to pay such charges. If you do not consent to such charges,
however, you may not have access to paid content or services.
There are two levels of membership on Buzdeo. The Trial membership allows you to
upload and publish User Content for viewing and downloading for free. The Premium
Membership provides you the Trial Membership along with a limited storage
capacity . Premium Membership rates vary depending on the length of your subscription,
which can be monthly or annual.
No contract will exist between you and Buzdeo for any level of membership unless
and until Buzdeo indicates its acceptance of your order by a confirmatory e-mail,
telephone conversation, or other appropriate means of communication. Upon such acceptance,
a binding contract will be in effect between you and Buzdeo. In the event you have
chosen a Premium Membership, you warrant that you are authorized to make payment
for the membership fee.
All membership prices are stated in U.S. dollars and GBP Sterling. Buzdeo reserves
the right to change pricing at any time; however, Buzdeo will notify you of any
change in pricing to any pending order and request your acceptance of the change
prior to processing such order. In the event that you order a membership and the
price published on the Service was incorrect, Buzdeo will contact you to let you
know the correct price and ask you whether you still wish Buzdeo to fulfill your
request at the correct price. Any dates specified for activation of any membership
orders are intended to be an estimate only.
All membership fees charged shall be as published on our ‘pricing’ page,
regardless of the location of the user. Buzdeo is not and cannot be aware of tax
requirements in foreign jurisdictions and as such no tax contribution has been made
and the user shall be liable for all and any payment required. This applies to Value
Added Tax within the UK and EU and local state taxes in the US.
Right to Return - Service
Buzdeo will not honor any refunds for any paid Buzdeo services, including without
limitation Premium Membership account payments, more than thirty (30) days after
you last submitted such payment to Buzdeo. Should you find the need to request a
refund, please email subscriptions@Buzdeo.com.
Right to Return - Product
You may return any product purchased from Buzdeo for thirty (30) days after purchase
for a replacement product, store credit or full refund, to be determined in Buzdeo’s
sole discretion. Please contact us at subscriptions@Buzdeo.com for information about
where to ship products for return.
Renewals, Cancellation and Storage Capacity with Premium Membership
Your Buzdeo Premium Membership will be automatically renewed on a monthly or annual
basis as per the terms of the membership, without prior notice to you, unless and
until you cancel your Premium Membership or we terminate it, to ensure uninterrupted
access to your account. You must cancel your Premium Membership before it renews
each month/year in order to avoid billing of the next month's or year's subscription
fees.
You may cancel your Premium Membership at any time. Said cancellation will be effective
at the end of the term of your Premium Membership. If you choose to cancel your
Premium Membership you will not be refunded any portion of your membership fee and
will have all rights associated with the Premium Membership until the end of your
membership term. Cancellation may be requested via subscriptions@Buzdeo.com. All
Buzdeo Premium Membership accounts can only be closed by the account holder through
the procedure described herein. Once your Premium Membership is cancelled, you will
not incur additional fees for that account.
Registrants who join as Premium Members enjoy increased storage capacity and may
continue to use this storage as long as their Premium Membership is current. There
is no requirement for Buzdeo to store User Content greater than the storage capacity
permitted under the Basic Membership upon expiration of a Premium Membership, and
Buzdeo may delete User Content in its sole discretion once such expiration occurs.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BUZDEO WEBSITE, SERVICE AND SOFTWARE SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BUZDEO, ITS PARTNERS AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SERVICE AND SOFTWARE INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
QUIET ENJOYMENT OR SYSTEMS INTEGRATION. NEITHER BUZDEO NOR ANY OF ITS PARTNERS MAKE
ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE,
THE BUZDEO WEBSITE, THE SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE Buzdeo WEBSITE. NEITHER BUZDEO NOR ANY OF ITS PARTNERS WARRANTS,
ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE Buzdeo WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BUZDEO AND ITS PARTNERS WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL BUZDEO, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION,
ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE BUZDEO WEBSITE. THE MAXIMUM LIABILITY OF Buzdeo FOR ANY CLAIMS
ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED AN AMOUNT EQUAL TO THE
FEES PAID BY YOU TO Buzdeo. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT NEITHER BUZDEO NOR ANY OF ITS PARTNERS SHALL BE LIABLE FOR USER
CONTENT OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU. The Website is controlled and offered by Buzdeo from its facilities in Nevis.
Buzdeo makes no representations that the Buzdeo Website is appropriate or available
for use in other locations. Those who access or use the Buzdeo Website from other
jurisdictions do so at their own volition and are responsible for compliance with
local law.
Release and Indemnity
Without limiting the above, you hereby release, discharge and hold harmless Buzdeo
and its Partners and each of their respective employees, officers, directors and
suppliers (collectively, "Releasees") from any and all claims, actions, damages,
liabilities, losses, costs and expenses of any kind (including, without limitation,
attorneys' fees) arising out of, resulting from, or by reason of, your User Content,
including without limitation any exploitation of your User Content, on any legal
theory whatsoever (including, but not limited to, copyright infringement, personal
injury, rights of privacy and publicity, idea misappropriation, false light, or
defamation).
You agree to defend, indemnify and hold harmless Buzdeo and its Partners, and each
of their officers, directors, employees, and suppliers, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from or in any way relating
to: (i) your (or anyone using your account's) use of and access to the Buzdeo Website,
Service or Software; (ii) your (or anyone using your account's) violation of any
term of these Terms and Conditions; (iii) your (or anyone using your account's)
violation of any third party right, including without limitation any intellectual
property, copyright, property, personal injury or privacy right; or (iv) any claim
that (or anyone using your account's) User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms and Conditions
and your use of the Buzdeo Service and Website.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations and disclaimers may not apply to you. To the extent
that Buzdeo or its Partners may not, as a matter of applicable law, disclaim any
implied warranty or limit its liabilities, the scope and duration of such warranty
and the extent of liability of Buzdeo and its Partners shall be the minimum permitted
under such applicable law.
Modification or Termination of Service
You acknowledge that Buzdeo may establish general practices and limits concerning
use of the Service and may modify such practices and limits from time to time. Buzdeo
may at any time and from time to time to modify or discontinue, temporarily or permanently,
all or any part of the Service with or without notice. Neither Buzdeo nor its Partners
are under any obligation to preserve, provide access to or return to you any User
Content. You agree that Buzdeo shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service. We reserve the
right to refuse Service to anyone or to terminate a user's account for any reason
at any time.
Age/Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, 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 these Terms and Conditions, and to abide by and comply
with these Terms and Conditions. In any case, you affirm that you are over the age
of 13, as the Buzdeo Website is not intended for children under 13. If you are under
13 years of age, then please do not use the Buzdeo Website—Talk to your parents
about what sites are appropriate for you.
Assignment
These Terms and Conditions,
and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by Buzdeo without restriction.
General
You agree that: (i) the Buzdeo Service and Website shall be deemed solely based
in Nevis, St Kitts & Nevis; and (ii) the Buzdeo Website shall be deemed a passive
website that does not give rise to personal jurisdiction over Buzdeo, either specific
or general, in jurisdictions other than Nevis. These Terms and Conditions shall
be governed by the internal substantive laws of Nevis, without respect to its conflict
of laws principles. Any claim or dispute between you and Buzdeo or any of its Partners,
(and their respective officers, directors, employees and suppliers) shall be decided
exclusively by a court of competent jurisdiction located in Nevis, St Kitts &
Nevis. These Terms and Conditions, together with the Privacy
Policy at http://www.Buzdeo.com//privacy.aspx and any other legal notices
published by Buzdeo on the Website, shall constitute the entire agreement between
you and Buzdeo concerning the Buzdeo Service and Website. If any provision of these
Terms and Conditions is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and effect. No waiver
of any term of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or any other term, and Buzdeo's failure to assert any right
or provision under these Terms and Conditions shall not constitute a waiver of such
right or provision. Buzdeo reserves the right to amend these Terms and Conditions
at any time and without notice, and it is your responsibility to review these Terms
and Conditions for any changes. Your use of the Buzdeo Website or Service following
any amendment of these Terms and Conditions will signify your assent to and acceptance
of its revised terms. YOU AND Buzdeo AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE Buzdeo WEBSITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.