Buzzvine Terms of Use
These Terms of Use contain legal
obligations. Please read them carefully.
1.
Ownership of Service.
Welcome to Buzzvine. The Buzzvine website
(www.buzzvine.com) (the “Site”) and the services offered from time to
time by Buzzvine (collectively, the “Buzzvine Services” or the “Services”)
are owned by Buzzvine, LLC and, from time to time, its subsidiaries and
affiliates, successors, and assigns (collectively referred to as "Buzzvine").
The Buzzvine Service currently consists of various web pages at or linked to
the URL www.buzzvine.com, as well as areas of numerous websites operated by
third parties that have made arrangements to publish their content through the
Buzzvine Services on their site. The Buzzvine Services may expand or change from
time to time in the sole discretion of Buzzvine.
2.
Application of General Terms of Use.
Use of the Buzzvine Services and the Site
is governed by these Terms of Use. Unless explicitly stated otherwise, any new
Services, including any new Buzzvine properties, shall be subject to these
Terms of Use. In addition, Buzzvine may have separate registration procedures
and separate terms of use, terms of service, user agreements, or similar legal
agreements for certain of its Services. When you are using any service or
product offered by Buzzvine that does not have a separate legal agreement,
these Terms of Use will apply. In addition, Buzzvine also may offer certain
services from time to time that are governed by the terms of service of the
respective service partners.
3.
Non-Discrimination.
Buzzvine does not discriminate on the basis
of age, gender, race, ethnicity, nationality, religion, sexual orientation, or
any other protected status.
4.
Questions.
Please direct any legal questions to:
General Counsel
Buzzvine, LLC.
P.O. Box 1016
Manchester, New Hampshire 03105
5.
Acceptance.
By using the Buzzvine Services or the Site,
you agree, without limitation or qualification, to be bound by, and to comply
with, these Terms of Use and any other posted guidelines or rules applicable to
any website where the Buzzvine Services are found.
6.
Conditions and Restrictions of Use.
a.
Termination. Use
of the Buzzvine Services is subject to compliance with these Terms of Use. You
acknowledge and agree that Buzzvine may terminate and/or suspend your access to
any portion of the Buzzvine Services should you fail to comply with the Terms
of Use or any other guidelines and rules published by Buzzvine. Any such
termination or suspension shall be in Buzzvine's sole discretion and may occur
without prior notice, or any notice. Buzzvine further reserves the right to
terminate or suspend any user's access to Buzzvine or to any portion of the
Buzzvine Services for any conduct that Buzzvine, in its sole discretion,
believes is or may be directly or indirectly harmful to other users, to
Buzzvine or its subsidiaries, affiliates, or business contractors, or to other
third parties, or for any conduct that violates any local, state, federal, or
foreign laws or regulations. Buzzvine further reserves the right to terminate
or suspend any user's access to the Buzzvine Services for any reason or for no
reason at all, in Buzzvine's sole discretion, without prior notice.
b.
Access to Content. Please be aware that the majority of the content found on or through
the Site is for general audiences, but there may be certain adult or mature
content. Where there is mature or adult content, individuals who are less than
18 years of age, or, are not permitted to access such content under the laws of
any applicable jurisdiction, may not access such content. If Buzzvine learns
that anyone under the age of 13 seeks to conduct a transaction through the
Services, Buzzvine will require verified parental consent, in accordance with
the Children's Online Privacy Protection Act of 1998, as amended
("COPPA"). Certain areas of the Buzzvine Services may not be
available to children under 13 under any circumstances.
c.
Registration and Privacy. Certain of the Buzzvine Services may require the user to register
and provide certain data. In consideration of use of such Services, in
registering and providing such data, you represent and warrant that: (a) the
information about yourself is true, accurate, current, and complete (apart from
optional items) as required by various Buzzvine registration forms and (b) you
will maintain and promptly update the registration data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Buzzvine has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Buzzvine has the right to suspend or terminate your account and refuse any and
all current or future use of the Services.
All Buzzvine
registrations become the exclusive property of Buzzvine, its subsidiaries and
affiliates, successors, and assigns. Buzzvine reserves the right to use and
reuse all registration and other personally identifiable user information
subject to the Buzzvine Privacy Policy, as amended from time to time in Buzzvine’s
sole discretion, which is found at http://www.buzzvine.com/privacy.aspx. By
using any of the Services, you acknowledge receipt of the Buzzvine Privacy
Policy, including our Notice Regarding the Privacy of Children Under 13, as
amended from time to time in Buzzvine’s sole discretion, both of which are
available on the Site. Users may edit, update, alter or obscure their
personally identifiable information at any time by following the instructions
located in the Buzzvine Privacy Policy.
For those
portions of the Buzzvine Services that require registration, upon registering,
you will receive a password. You are responsible for maintaining the
confidentiality of the password and ID, and are fully responsible for all
activities that occur under your password or ID. You agree to (a) immediately
notify Buzzvine of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session. Buzzvine cannot and will not be liable for any loss or
damage arising from your failure to comply with this requirement.
d.
Responsibility for Minors. In cases where you have authorized a minor to use the Services,
you recognize that you are fully responsible for: (i) the online conduct of such
minor; (ii) controlling the minor's access to and use of the Services; and
(iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME
AREAS OF THE BUZZVINE SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR
MINORS.
e.
Content Not Screened or Error Free. You acknowledge and agree that by using the Services, you may be
exposed to content that is offensive, indecent or objectionable. You further
acknowledge and agree that the Services and the content may contain errors or
omissions. You acknowledge and agree that Buzzvine does not screen or review
content published on or through the Buzzvine Services to determine whether it
contains false or defamatory material, or material which is offensive,
indecent, objectionable, or which contains errors or omissions. Under no
circumstances will Buzzvine be liable in any way for any user or other third
party content, including, but not limited to, for any defamation, falsehoods,
errors or omissions in any such content, or for any loss or damage of any kind
incurred as a result of the use or publication of any such content posted,
emailed or otherwise transmitted via the Services. Buzzvine does not guarantee
that any content will be to your satisfaction. In the event that you believe
that content published on or through the Buzzvine Services contains defamatory
material or otherwise is published in violation of these Terms of Use, however,
please contact us right away at:
General Counsel
Buzzvine, LLC.
P.O. Box 1016
Manchester, New
Hampshire 03105
Phone:
603-300-2990
f.
User Agreement Not to Circumvent Publishers’
Ownership Rights. You acknowledge and agree that
your rights, if any, to use in any manner any published content on the Site or
accessed by the Buzzvine Services (except for content you published on the Site
yourself) were properly obtained and authorized by the necessary third parties.
Except as permitted expressly by such rights, you may not copy, reproduce,
modify, publish, transmit, transfer or sell, maintain, retain, create derivative
works from, distribute or re-distribute, perform, link, display or in any way
exploit any content obtained through the Buzzvine Services, including, without
limitation, by incorporating data and or content from the Services into any
e-mail, search, catalogue, directory, or other "white pages" products
or service, whether browser-based, based on proprietary client-site
applications, web-based, or otherwise. You understand, agree and acknowledge
that engaging in any of the aforementioned conduct may constitute a crime
and/or other form of unlawful behavior for which you may be held criminally
and/or civilly liable.
g.
Access and Interference. The Site contains and websites accessed as a result of the
Buzzvine Services may contain robot exclusion headers. Information on the Site
is updated on a real time basis and is proprietary or is licensed to Buzzvine
by our users or by other third parties. You agree that you will not use any
robot, spider, scraper or other automated means to access the aforementioned
websites for any purpose without our express written permission. Additionally
you agree that you will not:
i. Take any action that imposes or may impose (in Buzzvine’s sole
discretion) unreasonable or disproportionately large load on our
infrastructure;
ii. Copy, reproduce, modify, create derivative works from, distribute,
or publicly display any content (except for your information) from the
aforementioned websites without prior, express written permission from Buzzvine
and any applicable third party;
iii. Interfere or attempt to interfere with the proper working of the
aforementioned websites or any activity conducted by such; or
iv. Bypass root exclusion headers or other measures used to prevent or
restrict access to such websites.
7.
Prohibited Conduct. In addition to Section 6.F. above, you agree that you will not use
Buzzvine Services to:
a.
Upload, post, email, otherwise transmit, or post
links to any content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous,
invasive of privacy or publicity rights, hateful, or racially, sexually,
ethnically or otherwise objectionable.
b.
Upload, post, email, otherwise transmit, or post
links to any content that promotes illegal activity, including, without
limitation, the provision of instructions for illegal activity.
c.
Upload, post, email, otherwise transmit, or post
links to any content that exploits the images of children under 18 years of
age, or that discloses personally identifying information belonging to children
under 18 years of age or harm minors in any other way.
d.
Collect or store personally identifying
information about other users for commercial or unlawful purposes.
e.
Impersonate any person or entity, including, but
not limited to, a Buzzvine official, employee, or falsely state or otherwise
misrepresent your affiliation with a person or entity or employ misleading
email addresses or falsify information in the header, footer, return path, or
any part of any communication, including emails, transmitted through the
Services.
f.
Upload, post, email, otherwise transmit, or post
links to any content that you do not have a right to transmit under any law or
regulation or under contractual or fiduciary relationships (such as inside
information, or proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements) or
upload, post, email, otherwise transmit, or post links to any content that
infringes any patent, trademark, service mark, trade secret, copyright or other
proprietary rights ("Rights") of any party, or contributing to
inducing or facilitating such infringement. This prohibition shall include,
without limitation, the following forms of software piracy:
- Making
available copyrighted software or other content that has had the
copyright protection removed.
- Making
available serial numbers for software that can be used to illegally
validate or register software.
- Making
available tools that can be used for no purpose other than for
"cracking" software or other copyrighted content.
- Making
available any software files for which the user does not own the
copyright or have the legal right to make available.
g.
Upload, post, email, otherwise transmit, or post
links to any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas that are designated for such purpose.
h.
Upload, post, email, otherwise transmit, or post
links to any material that contains software viruses, worms, trojan horses,
time bombs, trap doors or any other computer code, files or programs or
repetitive requests for information designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment or to diminish the quality of, interfere with the performance of, or
impair the functionality of the Services or Buzzvine.
i.
Conduct your own contests and promotions or
upload, post, email, otherwise transmit, or post links to any content regarding
any raffle, contest or game requiring a fee by participants.
j.
Interfere with or disrupt the Services or
servers or networks connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Services.
k.
Intentionally or unintentionally violate any
applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law or use Buzzvine or the
Services to sell, purchase, or offer to sell or purchase any registered or
unregistered securities, or upload, post, email, otherwise transmit, or post
links to any material that is false, misleading, or designed to manipulate any
equity, security, or other market.
l.
Fail to complete any transaction after submitting
an order to purchase any goods or services, subject to any specific terms of
use governing such transactions, or submit any order to purchase goods or
services where you do not intend to complete the transaction.
m.
Purchase any goods or services that you are
prohibited from purchasing or possessing by any law applicable to you in your
jurisdiction. The responsibility for ensuring compliance with all such laws
shall be yours alone. By submitting an order to purchase goods or services, you
represent and warrant that you have the legal right to purchase such goods or
services.
n.
Decompile, disassemble, modify, translate,
adapt, reverse engineer, create derivative works from, or sublicense any
software deployed in connection with the Services.
o.
Advertise, offer for sale, or sell any item you
are prohibited from advertising or selling by any applicable local, state,
national, or international law, including regulations having the force of law,
or advertise, offer for sale, or sell any of the following items:
- Any firearms,
explosives, or weapons.
- Any food
that is not packaged or does not comply with all laws governing the sale
of food to consumers by commercial merchants.
- Any
alcoholic beverages.
- Any
tobacco products, including, without limitation, cigarettes and cigars.
- Any items
that are indecent or obscene, that are hateful or racially, sexually,
ethnically or otherwise objectionable, that contain child pornography,
that are otherwise pornographic in nature, or are harmful to minors.
- Any
controlled substances or pharmaceuticals.
- Any items
that are counterfeit or stolen.
- Any
dangerous items.
- Any goods
or services that do not, in fact, exist.
- Any
registered or unregistered securities.
- Any items
that violate or infringe the rights of other parties.
- Any items
that you do not have the legal right to sell.
- Any items
where doing so through Buzzvine or the Services would cause Buzzvine to
violate any law.
You expressly acknowledge and agree that Buzzvine may preserve content and may
also disclose content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these Terms of Use; (c) respond to claims that
any content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Buzzvine, its users and the public. You
acknowledge and agree that the technical processing and transmission of the
Services, including your content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. You further acknowledge and agree that other
data collected and maintained by Buzzvine with regard to its users may be
disclosed in accordance with Buzzvine's Privacy Policy.
Buzzvine also may suspend or terminate any user account for any Services
because of user inactivity. For example, a Buzzvine account may be terminated
or suspended if a user fails to sign-in to such Buzzvine Service for an
extended period of time. What is considered "user inactivity" varies
depending on the Service. If one of your accounts is suspended or terminated
for inactivity, your right to use such Service immediately ceases.
8.
Notice and Procedure For Making Claims of
Copyright or Intellectual Property Infringement.
Buzzvine respects the intellectual property of others. Buzzvine does not,
however, independently confirm that all content made available through the
Buzzvine Services is provided by a valid rights holder. In the event that
Buzzvine becomes aware that content published on or through the Buzzvine
Services has been provided by a person who is not a valid rights holder,
Buzzvine may, in appropriate circumstances, and, at its discretion, disable
and/or terminate the publication of such content. If you believe that your
work has been copied or published in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide Buzzvine’s Copyright Agent and/or General Counsel the
following information:
a.
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
b.
a description of the copyrighted work or other
intellectual property that you claim has been infringed;
c.
a description of where the material that you
claim is infringing is located or found on the website or Service;
d.
your address, telephone number, and email
address;
e.
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;
f.
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.
Buzzvine’s agent
for notice of claims of copyright or other intellectual property infringement
can be reached as follows:
By Mail:
General Counsel
Buzzvine, LLC.
P.O. Box 1016
Manchester, New
Hampshire 03105
Phone:
603-300-2990
For a full
understanding of any rights and or remedies you may have in the case of any
infringement, please consult with an attorney.
9.
Fees and Services
Searching for information on the Site is
free. Accounts that utilize the Buzzvine Services to provide content that is
searchable to end users will be charged fifty cents per day (or any portion
thereof) per active client and fifty cents per day (or any portion thereof) per
active category. Buzzvine, in its sole discretion, may change these fees with
thirty (30) days’ notice by amending these Terms of Use and posting such
amended Terms of Use on the Site. Buzzvine may also notify you through a news
section of the Site or by email.
Unless otherwise stated, all fees are
quoted in U.S. Dollars. You are responsible for paying all fees and applicable
taxes associated with the Services in a timely manner with a valid payment
method. If your payment fails or your account is past due, we may collect fees
owed using other collection mechanisms. This includes charging other payment
methods on file with us, and retaining collection agencies and legal counsel.
10.
Refund Policy
Should there arise a dispute over fees
charged an account for the Buzzvine Services, a written claim shall be made
within 30 days of the disputed charge to the address below. Buzzvine shall
respond to all claims within 30 days of receipt. Whether a refund is warranted
is at Buzzvine’s sole discretion. If a credit is to be issued it will be to the
account of record 3 to 5 business days after the refund is approved. Buzzvine
will notify the entity seeking a refund of its decision. Any refund sought or
granted shall be limited to actual fees charged. In no event shall Buzzvine be
responsible for damages as stated below.
Send Claims:
Billing
Buzzvine,
LLC
PO
Box 1016
Manchester,
NH 03105
Or to:
Email:
billing@buzzvine.com
11.
License To Content.
Except as otherwise provided by the
Buzzvine Privacy Policy, with respect to any content posted by you on, to, or
through Buzzvine, the Site or the Services, you grant Buzzvine a world-wide,
royalty free, perpetual, license to use, copy, transmit, publicly display,
publicly perform, create compilations including, create derivative works of,
and distribute such content to publish and promote such content in connection
with the particular Services and to publish and promote such content elsewhere
in order for Buzzvine to provide the Services. Such license shall apply with
respect to any form, media, or technology now known or later developed.
12. DISCLAIMER OF WARRANTIES.
THE SITE AND THE SERVICES ARE PROVIDED
"AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BUZZVINE DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO
THE FULLEST EXTENT PERMITTED BY LAW, BUZZVINE DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED AS A RESULT OF THE
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS
FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY
LINKS PROVIDED IN THE SERVICES. BUZZVINE SIMILARLY DISCLAIMS, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
BUZZVINE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY,
CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF
INFORMATION OR MATERIAL IN THE SERVICES. BUZZVINE DISCLAIMS ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY
INFORMATION OR MATERIAL. BUZZVINE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY
FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR
MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED
BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BUZZVINE MAKES NO
WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE
FACILITIES OFFERED BY BUZZVINE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF
SUCH MATERIAL.
Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
13. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
UNDER NO CIRCUMSTANCES SHALL BUZZVINE BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BUZZVINE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED AS A RESULT OF THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED AS A RESULT OF THE SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO
THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST
DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS
AS A RESULT OF, OR IS LINKED OR RELATED IN ANY WAY TO, THE BUZZVINE SERVICES.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL BUZZVINE BE
HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES,
ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS,
EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR
FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR
FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, some of the foregoing
limitations may not apply to you.
14. Indemnity.
You agree to indemnify and hold Buzzvine
and its subsidiaries, affiliates, officers, partners, agents, co-branders or
other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
content you submit, post, transmit or make available through the Services, your
use of the Services, your violation of these Terms of Use or any other
applicable published Buzzvine usage terms, conditions, policies, or
requirements, or your violation of any rights of another.
15. No Agency
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by these Terms of Use.
16. Consent to Exclusive Jurisdiction,
Waiver of Objections.
These Terms of Use and the relationship
between you and Buzzvine shall be governed by the laws of the State of New
Hampshire without regard to its conflict of law provisions. You agree to submit
to the personal and exclusive jurisdiction of the courts located within the
State of New Hampshire for the adjudication of any and all claims arising out
of your use of the Buzzvine Services, and you waive any objection thereto.
17. General
Buzzvine, in its sole discretion, may amend
these Terms of Use at any time by posting the amended terms on the Site.
Except as stated elsewhere, all amended terms shall automatically be effective
15 days after they are initially posted. Additionally, Buzzvine may notify you
through a news section of the Site or email messaging. These Terms of Use may
not be otherwise amended except in a writing signed by you and Buzzvine. These
Terms of Use set forth the entire understanding and agreement between us with
respect to the subject matter hereof. These Terms of Use shall survive the
termination of your use of the Buzzvine Services.
Last Updated: 26-June-2007 12:35 PM