Buzznet Terms Of Use

Welcome to Buzznet.

Buzznet provides a photo and video hosting/blogging service to you (“Buzznet Service”) via our website accessible at www.buzznet.com (“the Site”) subject to the following Terms of Use ("Terms of Use"). These Terms of Use are a legal agreement between you and Buzznet and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, “Users”). These Terms of Use limit Buzznet’s liability and obligations to you, grant us certain rights in your User Content (defined below) and allow us to change, suspend or terminate your access to and use of the Site and Buzznet Service.

These Terms of Service and the other policies posted on the Site or made available via the Buzznet Service govern your access to and use of the Site and Buzznet Service, including any content, information, products or services therein. Our Buzznet Community Standards Policy (“Community Standards Policy”) is incorporated herein by reference and to the extent that there are any conflicts between the terms or conditions of our Community Standards Policy and these Terms of Use, the terms and conditions of these Terms of Use will govern.

YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE, BUZZNET SERVICE OR YOUR BUZZNET ACCOUNT OR BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT INCLUDING WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND, ("USER CONTENT") TO BUZZNET YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR BUZZNET SERVICE ANY YOU MAY NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO BUZZNET. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.

REGISTRATION AND ELIGIBILITY

In order to access certain features of the Site and Buzznet Service, and to post any content on the Site or via the Buzznet Service you will have to create a Buzznet account and become a “Member”. You must be 13 years of age or older to become a Member. If you are between the age of 13 and 17, we encourage you to get permission from your parent or guardian to use Buzznet.

When you register with Buzznet and set up your Buzznet account, you agree that all information provided to Buzznet upon registration and at all other times will be true, accurate, current and complete. You also agree that you ensure this information will be kept up to date at all times. Especially your email address since we will direct all communication to you about your Buzznet account to your email address. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Buzznet Users.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to not use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Buzznet immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use or your use of the Site and Buzznet Service.

BUZZNET’S MATERIALS

General. Buzznet makes certain content available through the Site. “Buzznet Materials” mean all materials originated by Buzznet and otherwise made available through the Site and Buzznet Service, including, without limitation, the BUZZNET logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof, excluding User Content. Buzznet and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Buzznet Materials, and the trademarks, service marks and logos contained therein other than your User Content. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Buzznet Materials, User Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Buzznet Materials, User Content (other than your User Content).

Reminder Regarding Buzznet Trademarks. The BUZZNET name and logo are trademarks of Buzznet, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Buzznet. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Buzznet, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Buzznet.

USE OF USER CONTENT SUBMITTED BY YOU

User Content. You agree that any User Content you upload, post, email, transmit or otherwise make available via the Buzznet Service is non-confidential. Buzznet does not claim ownership rights in your User Content. However, by uploading, posting, emailing, transmitting or otherwise making available your User Content via the Buzznet Service you hereby grant Buzznet a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites, for commercial or non-commercial use. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Buzznet. Buzznet will own all right, title and interest in and to all derivative works and compilations of User Content that are created by Buzznet, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Buzznet to give to Buzznet the full benefit of the rights granted to Buzznet by you. The submission of any materials to Buzznet irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. Our Community Standards Policy also contains important reminders regarding our policies regarding your submission of User Content.

Limitations. You acknowledge and agree that Buzznet may, at its option, establish limits concerning User Content, including without limitation the maximum number of days that User Content will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Content on Buzznet’s servers. Buzznet will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Content.

Disclaimer. Buzznet has no ability to control the User Content that are uploaded, posted or otherwise transmitted using the Site or Buzznet Service and does not have any obligation to monitor such User Content for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Content or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. Buzznet does not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Buzznet with respect thereto.

COPYRIGHTED MATERIALS: NO UNAUTHORIZED USE.

YOU WILL NOT USE THE SITE OR BUZZNET SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Buzznet has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Buzznet Copyright and IP Policy for further information.

LINKING TO OUR WEB SITE

You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not portray Buzznet or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Buzznet trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without Buzznet’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Buzznet name, trademark or product name without Buzznet’s express written consent.

THIRD PARTY LINKS

Buzznet may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. Buzznet does not monitor, nor does it have any control over, any Third Party Content. Buzznet does not endorse or adopt any Third Party Content and makes no guarantees as to its accuracy or completeness. Buzznet makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that Buzznet’s terms and conditions no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.

USER CONDUCT

Interactions between Buzznet Users. You are solely responsible for your interactions (including any disputes) with other Buzznet Users. You understand that Buzznet does not in any way screen Buzznet Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Buzznet Service and disclosing personal information to other Buzznet Users. You agree to take reasonable precautions in all interactions with other Buzznet Users, particularly if you decide to meet a Buzznet User offline, or in person. Your use of the Site, Buzznet Service, Content and any other information or other materials made available through the Site or Buzznet Service is at your sole risk and discretion and Buzznet hereby disclaims any and all liability to you or any third party relating thereto. Buzznet reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Buzznet to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Buzznet representatives access to any password-protected portions of your Buzznet account.

Obligations for Buzznet Users. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Buzznet Service. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Buzznet Service:

a. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;

b. Upload, stream, email or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

c. Use any meta tags or other hidden text or metadata utilizing a Buzznet name, trademark, URL or product name;

d. Upload, stream, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Buzznet Service to send altered, deceptive or false source-identifying information;

f. Upload, stream, email, or otherwise transmit, via the Site or Buzznet Service, any User Contents that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Buzznet;

g. Upload, stream, email, or otherwise transmit any User Contents that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;

h. Upload, stream, email or otherwise transmit any User Contents that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Contents that is unrelated to the immediate, aesthetic nature of the User Contents;

i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Buzznet’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

j. Attempt to probe, scan or test the vulnerability of any Buzznet system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Buzznet Service;

k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Buzznet Service;

l. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Buzznet or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.

m. Try to obtain, collect or store personal data about other users without their express permission;

n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

o. Use the Site or Buzznet Service in any manner not permitted by these Terms of Use; or

p. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.

SPECIAL NOTE RE POSSIBLE CONTENT REMOVAL

Buzznet retains the right, but not the obligation, to monitor and edit or remove any User Content that it deems in its sole discretion to be harmful to Buzznet Users, Buzznet, the rights of any third party or that violates any applicable law. This includes the right, but not the obligation, to immediately, temporarily or permanently, remove any User Content (including, without limitation, any text or images) uploaded by you that Buzznet deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:

· photographs, pictures, images, text or other materials submitted by Members that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;

· partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;

· profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous, promote self-harm, or offensive;

· any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.

TERMINATION OR SUSPENSION OF THE SITE OR BUZZNET SERVICE & MODIFICATION OF THESE TERMS OF USE.

By Member: You may terminate Buzznet account at any time for any reason by sending us an e-mail to support @ buzznet.com. After receipt of your termination notice, Buzznet will terminate your account.

By Buzznet: Buzznet reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Buzznet Service, or modify these Terms of Use without advance notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Buzznet Service, and if applicable, cancel your Buzznet account. By continuing to access or use the Site and Buzznet Service after Buzznet makes any such revision, you agree to be bound by the revised Terms of Use

Without limiting other remedies, Buzznet may immediately terminate or suspend your access to the Site and Buzznet Service and remove any material (including User Contents) from the Site or our servers, in the event that you breach these Terms of Use. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Buzznet Service or your access thereto at any time and for any reason.

After any termination by you or Buzznet: You understand and acknowledge that we will have no further obligation to provide the Buzznet Service. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. Buzznet is not liable to you or any third party for termination of the Buzznet Service or termination of your use of the Buzznet Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Buzznet will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to Buzznet under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

INDEMNIFICATION

You agree to defend, indemnify, and hold Buzznet, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Buzznet Service, Buzznet Materials and User Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Content caused damage to a third party, including without limitation claims that your User Content are infringing.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE BUZZNET SERVICE, SITE, BUZZNET MATERIALS AND USER CONTENT IS AT YOUR SOLE RISK. THE BUZZNET SERVICE, SITE, BUZZNET MATERIALS AND USER CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUZZNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE BUZZNET SERVICE, SITE, BUZZNET MATERIALS AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. BUZZNET MAKES NO WARRANTY THAT (i) THE SITE OR BUZZNET SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND BUZZNET SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR BUZZNET SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND BUZZNET SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE SITE OR BUZZNET SERVICE WILL BE CORRECTED.

c. ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE BUZZNET SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUZZNET OR THROUGH OR FROM THE SITE OR BUZZNET SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Buzznet reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Buzznet.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUZZNET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUZZNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BUZZNET SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BUZZNET CUMULATIVE LIABILITY TO YOU EXCEED $100.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

NOTICE

Notices to you may be made via either email or regular mail. The date of receipt will be deemed the date on which such notice is transmitted. The Service may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Buzznet Service.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and Buzznet and govern your use of the Service, superseding any prior agreements between you and Buzznet. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Buzznet Service, third-party User Content or third-party software. You will not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Buzznet. Any purported assignment or delegation by you without the appropriate prior written consent of Buzznet will be null and void. Buzznet may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use and the relationship between you and Buzznet shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Buzznet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Buzznet to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

VIOLATIONS AND COMMENTS

Please report any violations of the Terms of Use or make any comments by emailing us at contact @ buzznet.com. You agree, however, that: (i) by submitting unsolicited ideas to Buzznet or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Buzznet or any of its employees or representatives automatically become the property of Buzznet. You hereby assign and agree to assign all rights, title and interest you have in such comments and ideas to Buzznet together with all intellectual property rights therein.

Please review our Privacy Policy and take a moment to review to the Community Standards Policy.