Terms of Service

DESCRIPTION

Welcome to the Buzzuka.com website (the "Site"). The term "Buzzuka", "Buzzuka.com," "us", "we" or "our" refers to "Buzzuka LLC". The term "Member", "Pitcher," "User," "Viewers," "Visitor," or "you" refers to the user or visitor or registered user of the Buzzuka.com website. Once you review and agree to our Terms of Service and our Privacy Policy, you can join the Buzzuka Community and start creating and sharing your pitches.

ACCEPTANCE OF TERMS Your use of the Buzzuka.com website is subject to the terms of this Terms of Service Agreement ("Agreement"), as updated by us from time to time, and the then current rules and policies posted on the Buzzuka.com website, all of which are hereby incorporated by reference. By visiting or performing login or using the Buzzuka.com website or linking to any file located on any other Buzzuka.com website that is accessed through the Buzzuka.com website, you give your acceptance to both these Terms of Service and to Buzzuka's Privacy Policy (link). We reserve the right to modify these Terms of Service at our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Notwithstanding anything set forth above in this paragraph to the contrary, we will not make changes to your rights in posted work as described in the Section below titled "Buzzuka's USE OF CONTENT SUBMITTED BY MEMBERS."

Buzzuka's USE OF CONTENT SUBMITTED BY MEMBERS 1. By submitting, saving as a draft, or posting or publishing material to any public area of the Buzzuka.com website, you automatically grant Buzzuka a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the buzzuka.com website and Buzzuka's (and its successor's) business, including without limitation for promoting and redistributing part or all of the buzzuka.com website (and derivative works thereof). This license continues even if you later remove or unpost or unpublish the material.

2. You grant Buzzuka the right, at no charge, from time to time to edit, copy, distribute or make generally available to the public the titles of posted or published pitches, your name or pen name, and/or excerpts from anything you post to the Buzzuka.com website for the purpose of promoting your work, Buzzuka or the Buzzuka.com website. This includes the right to use your posted or published material in Buzzuka marketing materials, Buzzuka electronic or print newsletters, promotions, advertisements, the Buzzuka featured pitches, and/or other promotion materials of Buzzuka. This right continues even if you later remove or unpost or unpublish the material. Buzzuka may use the public content of each User, in whole or part, in Buzzuka's services or in mailings or emailings or advertising of Buzzuka and through any electronic or written communication media.

Buzzuka may modify User content in order to conform to its website display requirements or of Buzzuka's communications media.

3. You acknowledge and agree that Buzzuka may preserve work you create, share, post or publish on the Buzzuka.com website and may also disclose such work 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 the Agreement; (c) respond to claims that any work violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Buzzuka, its owners or operators or third parties.

Except as described above, Members retain all rights to the work they post or save or draft anywhere on the Buzzuka.com website. By posting or saving or drafting your work on the Buzzuka.com website, Buzzuka does not restrict the freedom of Members to elsewhere share, market, publish or sell work they post to the Buzzuka.com website . Buzzuka may from time to time establish additional publishing or marketing programs or vehicles of rights management and ownership programs applicable to work posted to the Buzzuka.com website. Participation in these offerings will be at the sole discretion of each Member.

RESPONSIBILITY FOR YOUR POSTED CONTENT You understand that all work and communication posted to the Buzzuka.com website, including but not limited to pitches, draft pitches and feedback ("Content") is the sole responsibility of the person from which such Content originated. This means that you, not Buzzuka, are entirely responsible for all Content that you post or otherwise make available via the Buzzuka.com website.

USE OF THE BUZZUKA.COM WEBSITE You agree not to utilize or otherwise access the Buzzuka.com website for any unlawful purpose or for any purpose that encourages or facilitates unlawful, dangerous or criminal conduct or to post or transmit any material that is in any way infringing or otherwise in violation of the rights of others, including but not limited to engaging in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to utilize the Buzzuka.com website for the purpose of advertising or solicitation without the express prior written consent of Buzzuka, and you agree not to use the Buzzuka.com website to promote other on-line services that are competitive with Buzzuka or the Buzzuka.com website. You agree not to use the Buzzuka.com website for any adult Content.

COPYRIGHTED MATERIAL Members and reviewers own a copyright in their original content that they share, post to or publish on the Buzzuka.com website. Buzzuka owns a copyright in all aspects of the Buzzuka.com website original to it, including but not limited to, selection, coordination, arrangement and enhancement of the Buzzuka.com website, as well as in Buzzuka's original content on the Buzzuka.com website. Use of the Buzzuka Pitch Studio, Pitch Directory, Member Directory or other tools outside of Buzzuka.com is expressly prohibited, without Buzzuka's written consent.

Claims of copyright infringement can be made by e-mail at info@buzzuka.com. Please provide a description of the copyrighted work that you claim has been infringed, your address, telephone number, and e-mail address.

POSTING OF CONTENT In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to Post, Publish or Share the material and to grant Buzzuka all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Buzzuka or any third party; (iii) submit material that is unlawful, obscene, violent, pornographic, defamatory, libelous, threatening, harassing, threatening, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Buzzuka; (iv) Post or publish advertisements or solicitations of business, except as authorized by Buzzuka; (v) Solicit or exploit children under the age of eighteen years for any purpose or promote material that is harmful to children; (vi) post pictures with nudity or of a sexual context; (vii) Create false identities or borrow or steal other person's identities.

You shall be solely liable for any damage resulting from any illegality, infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and such liability shall survive any termination of this Agreement or your access to the Buzzuka.com website. Buzzuka reserves the right at any time to remove material, including Posted, Published or Shared pitches and other information, that, in its sole determination, it deems offensive, that is not consistent with this policy, or that it deems harmful to the Buzzuka.com website's ongoing business. Buzzuka reserves the right to pursue damages to its website and ongoing business, including attorney's fees, that result from User content that is in violation of this policy. In addition to removing Content that is a violation of this policy, Buzzuka may further, at its sole discretion, remove your membership and login rights, as provided in this Agreement.

YOUR USE OF CONTENT Any copies of Content Post, Published or Shared to the public areas of the Buzzuka.com website by authors and reviewers may be downloaded, copied, or printed for your edown personal, non-commercial use only. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any Content other than your own. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Content will be permitted without the express permission of Buzzuka and the copyright owner. You may not remove, change or obscure any copyright notice, author attribution, trademark legend or other proprietary notice. You acknowledge that you do not acquire any ownership rights in the Content by downloading or printing copyrighted material. You shall not use Content or the Buzzuka.com website in any manner except as expressly permitted by this Agreement or any rules and policies Any content posted by members or visitors to Buzzuka, is the responsibility of those members or visitors. Buzzuka is not responsible for your viewing, application, usage, or reusage of that content Posted, Published or Shared on the Buzzuka.com website. Buzzuka encourages you to report offensive content at info@buzzuka.com.

CHANGES TO THE BUZZUKA.COM WEBSITE All features of the Buzzuka.com website are subject to availability, and Buzzuka and its owners and operators shall have no liability in connection with the temporary or permanent unavailability of particular features of the Buzzuka.com website. Buzzuka may, at any time, without liability, change or discontinue any aspect or feature of the Buzzuka.com website without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use. Buzzuka recommends that you make your own backups of your content at Buzzuka.com. Buzzuka and its employees, suppliers and contractors are not responsible or liable for any content that is corrupted, changed, or lost from the Buzzuka.com website.

SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY Users of the Buzzuka.com are required to complete the Buzzuka.com website's registration process which includes review and acceptance of Terms of Agreement and Privacy Policy. Your access to the Buzzuka.com is not transferable or assignable. You take full responsibility for maintaining the efficacy and confidentiality of your password and account and for all activities that occur under your password or account. You shall not permit (a) any other person to use your password or to access the Buzzuka.com website under your registered user name; or (b) access through a single name being made available to multiple users on a network. You agree to (i) immediately notify Buzzuka of any unauthorized use of your password or account or any other breach of security by e-mailing the Buzzuka administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. Buzzuka bears no responsibility for your failure to comply with this section or to take appropriate security measures.

CHARGES AND PAYMENTS Our charges for membership subscriptions or services are posted on the Buzzuka website and may be changed from time to time without notice and without obligation to Buzzuka or to you.

Membership subscriptions are billed in advance on a monthly or yearly basis, at the member's option. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Buzzuka reserves the right to change the set of applications and services included in all subscriptions. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you sign up for a monthly subscription, and you cancel that account within 30 days, you are entitled to a full refund. If you sign up for an annual subscription and request a refund, Buzzuka will refund any months that have not started at the time of the cancellation. You are solely responsible for properly canceling your account, using the methods described on the Buzzuka website.

A valid credit card is required for paying accounts. As long as you are a Member with an outstanding balance, you agree to provide us with valid credit card information and authorize us to deduct the charges against your credit card. You agree to update the information for any credit card that expires with information for a valid credit card. You will only use a credit card that you are authorized to use. If any credit transaction for Buzzuka is rejected, you agree to remedy the situation within seven (7) days. Buzzuka will provide a refund if we terminate our Services to you, at our discretion. Refunds will only be due for payments made beyond the current month of service. There is no other circumstance in which you will be entitled to a refund from us. Buzzuka reserves the right to change or cancel the terms of any special offers or free subscriptions without notification to subscriber or members.

Buzzuka does not store your credit card information. Buzzuka uses third party services with secure credit card processing. Buzzuka is not liable nor responsible for your credit card information.

YOUR REGISTRATION OBLIGATIONS You agree to: (a) abide by the terms of the Agreement and all other rules and policies Posted on the Buzzuka.com website; (b) honor the requests made by Buzzuka and its agents with respect to your actions on the Buzzuka.com website; (c) provide us with accurate, complete registration information when registering as a User of the Buzzuka.com website; and (d) check for updates and update notices of the Agreement and Privacy Policy and the rules and policies Posted on the Buzzuka.com website.

USE OF ADULT, INDECENT, AND OBJECTIONABLE CONTENT Buzzuka's express policy is to prohibit adult Content. Some contributions to Buzzuka by Users may violate this no adult Content requirement. It is your obligation to leave areas with adult Content if you are under the age of consent. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Buzzuka with respect thereto, and agree to indemnify and hold Buzzuka, its Owners/Operators, affiliates, and/or licensees harmless to the fullest extent allowed by law regarding all matters related to your use of the Buzzuka.com website.

THIRD PARTY CONTENT Buzzuka does not control or monitor the Content Posted via the Buzzuka.com website and does not guarantee the quality of such Content. The Buzzuka.com website Content is supplied by third party s of the Buzzuka.com website and not the owners or operators of Buzzuka or the Buzzuka.com website. The information and opinions in the Content represent solely the thoughts of their authors and is neither endorsed by nor does it necessarily reflect the belief of Buzzuka. Neither Buzzuka or its owners or operators are responsible for the Content, accuracy opinions, advice or statements made on the Buzzuka.com website by anyone other than authorized Buzzuka employees or agents. You understand that by accessing the Buzzuka.com website, you may be exposed to Content that is offensive, indecent or objectionable.

LINKS TO OTHER THIRD PARTY WEBSITES The Buzzuka.com website may contain links to other third party websites. Inclusion of any linked web Buzzuka.com website to our Buzzuka.com website is provided solely as a convenience to the User and does not imply approval or endorsement of the linked website by Buzzuka. We are not responsible for the content, accuracy, or opinions expressed in such third party websites, and these websites are not investigated, monitored, or checked for accuracy or completeness by us.

PRODUCTS AND SERVICES Buzzuka may offer various products and services, some free and some for purchase, on buzzuka.com. Some may be provided by Buzzuka and some may be provided as a convenience to you through third party and fulfillment partners. Additional terms and conditions may apply to purchases of goods or services or to specific portions of the website, including but not limited to advertising offers, affiliate offers, contests, promotions, or the Buzzuka products and services. All applicable third party Terms are additional to these Terms of Service by this reference.

Where a third party is providing the product or service or fulfillment, you agree to abide by and be bound by the third party's terms and conditions, and agree that your recourse is with the applicable third party for any corrections, disputes, returns, changes or other actions related to the product or service provided. You agree Buzzuka is not responsible for any third party products or services you decide to accept.

TERMINATION You agree that Buzzuka may, in its sole discretion and without liability, terminate your membership and login to the Buzzuka.com website and/or remove and discard any Content with or without notice, if Buzzuka believes, in its sole discretion, that you have violated or acted inconsistently with this Agreement or the Privacy Policy or Buzzuka.com website rules and policies. Buzzuka may also, at its own discretion, ban you and/or your email addresses you have used from future membership and login in the future, if you have violated the provisions of this Agreement. Provisions of this Agreement which by their survive the termination of this Agreement, include but are not limited to the following clauses, "DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION"

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION THE BUZZUKA.COM WEBSITE AND ALL FEATURES THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW. NEITHER BUZZUKA, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, OPERATORS, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD PARTY SUPPLIERS (COLLECTIVELY "AFFILIATED PARTIES") WARRANT THAT THE BUZZUKA.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILIITY OF ANY INFORMATION OBTAINED FROM THE BUZZUKA.COM WEBSITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BUZZUKA.COM WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUZZUKA OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BUZZUKA.COM WEBSITE, THE CONTENT CONTAINED ON THE BUZZUKA.COM WEBSITE, OR IN CONNECTION WITH BUZZUKA COMPETITION OR THE PAID REVIEWER PROGRAM OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER BUZZUKA NOR ITS AFFILIATED PARTIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS BUZZUKA.COM WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BUZZUKA AND ITS AFFILIATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THIS AGREEMENT OR YOUR USE OF THE BUZZUKA.COM WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY MATERIAL YOU POST, PUBLISH or SHARE ON THE BUZZUKA.COM WEBSITE OR YOUR PARTICIPATION IN BUZZUKA.

MISCELLANEOUS This Agreement and any rules and policies, as amended from time to time, that are established by Buzzuka and Posted on the Buzzuka.com website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, representations, warranties and understandings with respect to the Buzzuka.com website, the Content, and the subject matter of this Agreement. This Agreement shall be construed in accordance with the laws of the State of ARIZONA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

TRADEMARKS Buzzuka® and the Buzzuka Corporate and BeeYou® logos are registered trademarks of Buzzuka, LLC. Buzzuka® Pitch Studio™, Buzzuka® Launchpad and Buzzuka® Studios and trademarks of Buzzuka, LLC. All rights reserved. All other trademarks and brands are the property of their respective owners.

Effective Date This Terms of Service statement was last revised on January 15, 2014.