Buzznog, LLC (herin “We” or “Buzznog”) provides the Buzznog.com website ( https://Buzznog.com/ ) (the “Site”) and the software on or in connection with such website, including, but not limited alternate product domains or mobile applications (collectively, the “Services”).
ACCESS TO SERVICES
In order to access some of the Services, or to post content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Information”). You will have the ability to maintain and periodically update your Registration Information as you see fit. By registering, you agree that all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account.
You acknowledge that you are responsible for maintaining the confidentiality of all accounts, and any content uploaded by you. Do not share any passwords or other account access information with any other party or do anything else that might jeopardize the security of any Buzznog account. You are responsible for all uses of Buzznog registrations and Buzznog passwords, whether authorized by you or not. You agree to immediately notify Buzznog of any unauthorized use of Buzznog account or passwords. Buzznog cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
USE OF THE SITE; NO ENDORSEMENT
User Restrictions and Responsibilities
Site Conduct and Use of the Site
You agree not to make any unauthorized use of the Site. You must respect the rights and integrity of others. You will not:
- post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law;
- post content that is hate speech or hateful, harassing, incites harassment or advocates harassment of any group, company, or individual, or is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, racist, discriminatory, of a menacing character, likely to cause annoyance, inconvenience, embarrassment, anxiety, contains nudity or graphic or gratuitous violence, contains pornographic, indecent or sexually explicit material of any kind, or contains material that exploits people in a sexual, incites or is violent or other manner, as determined by Buzznog in its sole discretion;
- post anyone’s identification documents or sensitive financial information on the Site;
- bully, intimidate, or harass any user;
- post any content, code, or other information that contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- collect users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- contact other users in any manner or for any purpose other than that which is expected, solicit login information or other personal information from any other user, or send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes to any user;
- violate or attempt to violate the security of the Site, including but not limited to attempting to probe, scan, or test the vulnerability of a system or to breach authentication or other security measures without proper authorization;
- express or imply that any statements you make are endorsed or approved by Buzznog without our prior written consent;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- set more than one copy of the same profile information to the public at one time;
- delete or modify any content posted by any other person or entity.
BUZZNOG PROPRIETARY INFORMATION
Buzznog Intellectual Property
Restrictions on Use
You must respect Buzznog’s ownership of the Buzznog Content and Trademarks. You will not:
- change or delete any proprietary notices from materials printed or downloaded from the Site;
- refer to or attribute any information to Buzznog or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party;
- use or reproduce any Trademark of, or imply any endorsement by or relationship with, Buzznog or its licensors;
- modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission;
- copy or adapt the HTML code used to generate web pages on the Site;
- use or attempt to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any services provided on the Sites other than the search engine and search agents available from Buzznog on the Site and other than generally available third party web browsers (e.g., Chrome, Internet Explorer/Edge, Firefox, Safari); or
- aggregate, copy or duplicate in any manner any of the Buzznog Content. Use, reproduction, modification, distribution or storage of any Buzznog Content or User Submitted Content, as defined below, for other than purposes of using the Site is expressly prohibited without prior written permission from Buzznog. You shall not sell, license, rent, or otherwise use or exploit any Buzznog Content or User Submitted Content, as defined below, for commercial use unless we provide our advance written consent. You shall not sell, license, rent, or otherwise use or exploit any Buzznog Content or User Submitted Content, as defined below, in any way that violates any third party right.
Intellectual Property Protection
The Site and Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Site and Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. You agree to comply with all reasonable requests from Buzznog or its suppliers and licensors of content, equipment, or otherwise to protect their and others’ contractual, statutory, and common law rights in the Site. You agree to notify Buzznog in writing promptly upon becoming aware of any unauthorized access or use of the Site by any individual or entity or of any claim that the Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
USER SUBMITTED CONTENT; LICENSE GRANT BY USERS
By using the Site and Services, including without limitation, by submitting and displaying any content, information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials (“User Submitted Content”) to the Site or use relating to, in connection with or arising out of your use of the Site and Services, you grant Buzznog joint ownership of the content in a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid-up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize such User Submitted Content, and including after your termination of your account or the services. You also hereby do and shall grant each user of the Site and Services who has access to your User Submitted Content, a non-exclusive, perpetual license to:
- access your User Submitted Content through the Site, solely for entertainment and informational purposes, and
- use, reproduce, distribute, prepare derivative works of, display and perform such User Submitted Content, solely for marketing, advertising, and general informational purposes, including after your termination of your account or the services.
You represent and warrant that you have all the rights, power and authority for yourself and the entity you represent, or are the agent of, or associated with or acting on behalf of (e.g., as an agent or label) and that entity has authorized you to grant the licenses in this section. You represent that all User Submitted Content provided by you is complete, up-to-date, and accurate in all respects and in compliance with all applicable laws, rules and regulations. You acknowledge that all User Submitted Content, accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any User Submitted Content you access on or through the Services is or will continue to be accurate and we make no representations or warranties as to the accuracy, truth, or security of materials submitted through the Site or Services.
LIMITED USE LICENSE GRANT BY BUZZNOG
RIGHT TO TERMINATE ACCESS
NO GUARANTEE OF RESULTS
Neither Buzznog nor its partners are an agency or an advertising firm unless otherwise communicated, and neither makes any representations or guarantees regarding the effectiveness or timeliness of the Site and Services in meeting the objectives of Users, unless specifically set forth in writing pursuant to a separate agreement executed by Buzznog. Neither Buzznog nor its partners make any guarantee in marketing reach, ticket sales, or any other metrics related to the offerings unless specifically set forth in writing pursuant to a separate agreement executed by Buzznog.
RESERVATION OF RIGHTS
Buzznog reserves the right to refuse to accept, post, display or transmit any User Submitted Content in its sole discretion. We always reserve the right (but will not have an obligation) to remove or refuse to distribute any User Submitted Content on the Site, to suspend or terminate Users, and to reclaim usernames. Buzznog also reserves the right to modify or remove, or to request you to modify or remove, any such information or content which in the sole judgment of Buzznog violates this Agreement, or any applicable laws, rules, or regulations, or which Buzznog believes is not in the best interests of Buzznog.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that your intellectual property right is infringed by any content on the Site, please send to Buzznog a written statement that contains:
- identification and description of the copyrighted work and/or intellectual property right claimed to have been infringed;
- identification and description of the allegedly infringing material on the Site;
- your name, address, and daytime telephone number, and an e-mail address if available;
- a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
- a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
- the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Buzznog will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)).
Designated DCMA Agent for Notification of Claimed Intellectual Property Infringement:
- NAME: Buzznog DMCA Agent
- EMAIL: firstname.lastname@example.org
- ADDRESS: Buzznog, LLC
2919 Commerce St Ste 381
Dallas, TX 75226
P: +1 (323) 500-0655
LINKING TO THIS SITE AND SERVICES
You may provide links to this Site and to the Services, provided that
- you immediately deactivate and discontinue providing links to this Site if requested by Buzznog, and
- Buzznog may deactivate any link(s) at its discretion.
You shall not distribute on or through this Site any postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Buzznog. Notwithstanding the foregoing, in any interactive areas of this Site, where appropriate you
- may list along with your name, address and email address, your own web site’s URL and
- may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Site.
ERRORS AND CORRECTIONS
Buzznog makes no representation that this Site is error-free, free of viruses, or other harmful components, or that defects or that it will always be accessible. Buzznog does not warrant or represent that the Site or Services will be correct, accurate, timely, or otherwise reliable. Buzznog makes no representation that the information on the Site is correct, complete, or current, nor does Buzznog represent that the information posted by users will be correct, complete, or current. Buzznog may make improvements and/or changes to the Site’s features, functionality, or content at any time.
DISPUTES WITH OTHER USERS
You are solely responsible for your interactions with other Users.
DISCLAIMER AND NO WARRANTIES
You understand that Buzznog cannot and does not guarantee or warrant that files available for downloading from the Site or Services will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s), mobile devices(s), or network(s). You acknowledge that you will be solely responsible for implementing enough procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this website. Buzznog further disclaims any responsibility to ensure that the content located on its websites is necessarily complete and up-to-date.
Your Use Of This Site Is At Your Own Risk. The Content Is Provided “As Is” And Without Warranties Of Any Kind, Either Expressed Or Implied. Buzznog Disclaims All Warranties, Including Any Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title, Or Non-Infringement. Buzznog Does Not Warrant That The Functions Or Content Contained On Any Buzznog Website Will Be Uninterrupted Or Error-Free, That Defects Will Be Corrected, Or That This Site Or The Server That Makes It Available Are Free Of Viruses Or Other Harmful Components. Buzznog Does Not Warrant Or Make Any Representation Regarding Use, Or The Result Of Use, Of Any Content In Terms Of Accuracy, Reliability, Or Otherwise. You Assume The Entire Cost Of All Necessary Servicing, Repair Or Correction In The Event Of Any Loss Or Damage Arising From The Use Of This Site Or Its Content. Buzznog Makes No Warranties That Your Use Of The Content Will Not Infringe The Rights Of Others And Assumes No Liability Or Responsibility For Errors Or Omissions In Such Content.
Buzznog Disclaims All Responsibility For Any Loss, Injury, Claim, Liability, Or Damage Of Any Kind Resulting From, Arising Out Of Or Any Way Related To (A) Any Errors In Or Omissions From This Site Including, But Not Limited To:
- Technical Inaccuracies And Typographical Errors
- Third Party Content Directly Or Indirectly Accessed Through Links In This Site, Including But Not Limited To Any Errors In Or Omissions Therefrom
- The Unavailability Of This Site, Or Any Portion Thereof
- Your Use Of This Site, Or
- Your Use Of Any Equipment Or Software In Connection With This Site.
Supplier disclaims all responsibility for any loss, injury, claim, liability, or damage with respect to:
- Customer’s misuse of the application process;
- Customer’s errors in any submitted content, including, without limitation, festival schedules, release dates, or third-party activations; and
- any misconduct or failure to perform committed by any employee, including, without limitation, any breach of any agreement or employment policy.
Customer shall not obtain from, rely on or hold Supplier responsible for any information or opinions supplied by Supplier regarding any federal laws, applicable state and local laws, including but not limited to any legal requirement to comply with, complete, or submit any state-specific forms, certificates, or documents, amendments to such statutory rules, codes, regulations, as well as any case law interpreting such statutes, rules, codes, and regulations (collectively, “The Laws”). Supplier disclaims any information it may give to Customer regarding The Laws, and Customer shall use the information at its own risk. Information provided by Supplier does not replace or waive Customer’s compliance obligations under The Laws or this Agreement. Customer acknowledges and agrees that it should obtain such legal or compliance information or any other advice regarding The Laws from its own counsel.
LIMITATION OF LIABILITY
To The Fullest Extent Permitted By Law, Neither Buzznog, Its Subsidiaries, Affiliates, Licensors, Service Providers, Content Providers, Employees, Agents, Officers, And Directors Will Be Liable For Any Damages Whatsoever (Including, Without Limitation, Incidental, Direct, Indirect, Punitive, Actual, Consequential, Special, Exemplary, Or Other Damages, Including Loss Of Revenue Or Income, Pain And Suffering, Emotional Distress, Or Similar Damages), Resulting From The Use Or Inability To Use The Site, And Whether Or Not Buzznog Has Been Advised Of The Possibility Of Such Damages.
To The Fullest Extent Permitted By Law, In No Event Will The Collective Liability Of Buzznog And Its Subsidiaries, Affiliates, Licensors, Service Providers, Content Providers, Employees, Agents, Officers, And Directors, Regardless Of The Form Of Action (Whether In Contract, Tort, Or Otherwise), Exceed The Greater Of $100 Or The Amount You Have Paid To Buzznog For The Applicable Content Or Service Out Of Which Liability Arose.
THIRD PARTY PRODUCTS AND CONTENT
Buzznog reserves the right to provide add-ons, applications, integrations, software, code, online services, systems and other products not developed by Supplier (collectively, “Third Party Product”) to You in connection with the Site. Buzznog does not provide or make any representation as to the quality or nature of any Third Party Products or any other representation, warranty or guaranty. Buzznog disclaims all responsibility and liability for Third Party Products and their access to the Buzznog Site, including their modification, deletion, disclosure or collection of Your User Submitted Content. Buzznog is not responsible in any way for User Submitted Content once it is transmitted, copied or removed from the Buzznog Site.
Buzznog disclaims all liability for any third party content or communications that may appear on this Site, may be accessible via links from this Site, or any communications directed to you from any third party directly or indirectly in connection with this Site (collectively, “Third Party Content”), or any actions you may take or refrain from taking as a result of any Third Party Content. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Content.
Buzznog assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Content. Buzznog shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any Third Party Content appearing on this Site or elsewhere. You understand that the information and opinions in the Third Party Content is neither endorsed by nor does it reflect the belief or opinion of Buzznog.
Access to Third Party Content may involve communications and transactions with third parties. All such communications and transactions may be subject to additional and different terms and conditions. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. You agree that Buzznog shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
THIRD PARTY RIGHTS
PRIVACY & SECURITY
Buzznog privacy and security policies may be viewed at https://buzznog.com/privacy, and are incorporated herein. Buzznog represents that we employ reasonable managerial and technical measures to ensure that your information is secure. Buzznog represents that it maintains network and internet security procedures, protocols, security gateways and firewalls with respect to all personally identifiable information in accordance with Good Industry Practice. “Good Industry Practice” means the levels of accuracy, quality, care, prudence, completeness, timeliness, responsiveness, resource efficiency, productivity and proactive monitoring of service performance that are at least equal to the then-current accepted industry standards of first-tier providers of, as applicable, software-as-a-service, infrastructure-as-a-service, platform-as-a-service and/or outsourcing services both in the geographic region where the services are being provided. Buzznog uses server authentication, data encryption, encoded session identifications, and other advanced technology to prevent interference or unauthorized access from outside intruders.
By Accepting This Agreement You Waive All Rights And Agree To Hold Buzznog Harmless From Any Claims Resulting From Any Action Taken By Buzznog During Or As A Result Of Its Investigations And/Or From Any Actions Taken As A Consequence Of Investigations By Either Buzznog Or Law Enforcement Authorities.
Employees of the Customer using the Site acknowledge and agree that personally identifiable information may be stored by Buzznog or third parties in connection with the provision of Buzznog’s services. Any and all data will be stored in accordance with Buzznog’s privacy and security policies.
USE OUTSIDE OF THE UNITED STATES
Buzznog and its partners make no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the site. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.