Terms of Use
BuzzSounds provides software and services (collectively, “Services”) for use by the general public. This Terms of Service Agreement (“Agreement”) constitutes legally binding terms and applies to your use of the Services.
1. Acceptance
By accessing and/or using the provided Services, you agree and acknowledge to be bound by this Agreement and the BuzzSounds Privacy Policy, whether you are a “Member” (which means you have registered with BuzzSounds or a related Service by BuzzSounds ) or a “Visitor” (which means that you simply browse the Services or use the Services without being registered as a Member). The term “User” or “user” refers to a Member or a Visitor. You are authorized to use the Services only if you agree to abide by all applicable laws, rules, and regulations (“Applicable Law”) and the Agreement. Additionally, in consideration for becoming a Member and/or using the services, you must indicate your acceptance of this Agreement. If you do not agree to be bound by this Agreement, please do not use the Services. BuzzSounds reserves the right to modify the Agreement at any time, and each such modification shall be effective upon posting with the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as modified. Therefore, it is important for you to review this Agreement regularly.
2. General Usage
BuzzSounds grants you a limited license to use the Services in accordance with this Agreement and the instructions and guidelines posted on the BuzzSounds website (“the Site”). In exchange for providing the functionality of the BuzzSounds Add-on, users may be shown advertisements within web pages rendered by a browser with the plug-in enabled.
3. Content
You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You shall not download any Content except as allowed with the Services. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of BuzzSounds or the respective licensors of the Content. BuzzSounds and its licensors reserve all rights not expressly granted in and to the Services and the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
BuzzSounds is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Content featured with the Services, and the Content does not represent the advice, views, opinions or beliefs of BuzzSounds . In accessing Content through use of the Services you may be exposed to Content from a variety of sources, wherein you may consider portions of the Content to be inaccurate, offensive, or inappropriate. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BuzzSounds with respect to such Content, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BuzzSounds , its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services. Additionally, the Services and/or the Content may feature links to third-party websites not owned or controlled by BuzzSounds . The inclusion of a link to a third-party website does not imply any endorsement by or affiliation with BuzzSounds and the third-party website. Further, BuzzSounds has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites featured with the Services and/or Content and cannot modify the content of any such third-party website. By using the Services, you expressly release BuzzSounds from any and all liability arising from your use of any third-party website featured with the Services and/or Content.
4. Termination
BuzzSounds will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer of others’ intellectual property rights and/or engages in other activity in violation of this Agreement.
5. Privacy Policy
Acceptance of these Terms of Service constitutes acceptance of BuzzSounds If you do not agree to the Privacy Policy or this Agreement, please discontinue using BuzzSounds Services.
6. No Warranty and Limitation of Liability
BuzzSounds PROVIDES THE SITE AND SERVICES AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BuzzSounds, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. BuzzSounds MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR SERVICES, (V) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES. BuzzSounds DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BuzzSounds 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.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. IN NO EVENT SHALL BUZZ SOUNDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BuzzSounds IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BuzzSounds SHALL NOT BE LIABLE FOR CONTENT 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.
YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH BuzzSounds SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.
The Services are controlled and offered by BuzzSounds from its facilities in the United States of America. BuzzSounds makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
7. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BuzzSounds , its parent corporation, officers, directors, employees and agents, 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: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
8. Ability to Accept Agreement
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 this Agreement, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.
9. General
You agree that: (i) the Services shall be deemed solely based in California; and (ii) the BuzzSounds website shall be deemed a passive website that does not give rise to personal jurisdiction over BuzzSounds , either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and BuzzSounds that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. This Agreement, together with the Privacy Policy and any other legal notices published by BuzzSounds on the Services, shall constitute the entire agreement between you and BuzzSounds concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BuzzSounds failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. BuzzSounds reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND BuzzSounds AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
BuzzSounds and you are independent entities, and nothing in the Agreement, or via use of the BuzzSounds website and/or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between BuzzSounds and you.
This Agreement supersedes any previous agreement and represents the entire agreement between BuzzSounds and you. Any notices must be sent to BuzzSounds in English at admin@BuzzSounds.com.