Terms of Service

Buzz Ur Brand Terms of Service

Acceptance of Terms

Welcome to Buzz Ur Brand's "Platform as a Service" (PaaS). This "Terms of Services" (TOS) applies to all who are using any form of services provided by Buzz Ur Brand.
The list below identifies different client types; it is inclusive but not exhaustive:

  1. “Account Holders” or “Clients” are any individual and/or company that has signed up for a service through Buzz Ur Brand.

Buzz Ur Brand reserves the right to update and change this TOS without notification. By using any Buzz Ur Brand Service, you are accepting this TOS.

Description of Services

Buzz Ur Brand provides each Client a website hosted on Joomla, Wordpress or HTML. Each website has limited disc space based on the type of hosting purchased. Joomla and WordPress are web development toolkits Buzz Ur Brand use to build a website. Services also include the registration of a domain name and SSL certificates. Additional resources for managing accounts are made available to Clients, but the type and number of resources available depend on the type of account the Client has purchased. Unless explicitly stated, any new features that augment or enhance the current Service, including the release of new Buzz Ur Brand tools and resources, shall be subject to the TOS. In order to use the Service, Clients must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, Clients must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

By using Buzz Ur Brand Services, Clients also understand and agree that Services may include certain communications from Buzz Ur Brand, such as service announcements, administrative messages and newsletters. These communications are considered part of Buzz Ur Brand Services and Clients may not be able to opt out of receiving them. Clients agree not to access Services by any means other than through the interfaces that are provided by Buzz Ur Brand.

You agree that you will not:

  1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Buzz Ur Brand official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  7. upload, post, or otherwise transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam," such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
  8. upload, post, or otherwise transmit any material considered malicious which may contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  10. 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;
  11. "stalk" or otherwise harass another;
  12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
  13. offer for sale or sell any item, good, or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Buzz Ur Brand determines, in its sole discretion, is inappropriate for sale through the Service provided by Buzz Ur Brand;
  14. use the Service as a forwarding service to another Web site;
  15. exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other people's comments or content as a Guest. If any user is reported to be in violation with the letter or spirit of these terms, Buzz Ur Brand retains the right to terminate such account at any time without further warning.
  16. use Buzz Ur Brand services for anything other than it's intended purposes. For example, It is strictly forbidden to configure Buzz Ur Brand services for phishing, auto-content/auto-likers, gaming servers, botnets, bit-coin mining. Offenders will prosecuted to the fullest extent of the law. 

Payment Terms

Billing

The credit card that Account Holders provide will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Buzz Ur Brand gives notice to the contrary, payment for the Service is billed on a monthly basis. Buzz Ur Brand also accepts payments via PayPal or Credit Card.

Account Holder agrees that each Service has expressed limitations of that Service, regulated in the description of that particular Service. If Account Holder exceeds the limits additional fees may apply.

Account holder shall be responsible for contacting Buzz Ur Brand when credit card information has changed or when Account Holder feels they have been incorrectly charged. Buzz Ur Brand will not be responsible for any fees that occur therein.

Upgrades and Downgrades

You will have the ability to upgrade or downgrade the Service at any time during the term. Such upgrades or downgrades will take effect immediately. For any upgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged a pro-rata amount for the higher level Service. For any downgrade in package level, your account for the Service will be credited a pro-rata amount for the lower level Service, to be redeemed automatically in future billing periods. However, there will be no refunds or credits for partial months of service. The expiration/renewal date of Service will not change. Fees may not be credited towards other Services. All currency references are in U.S. dollars. Please note that downgrading your Service may cause the loss of content and/or features of your website, and Buzz Ur Brand does not accept any liability for such loss.

Cancellation and Termination

Failure to pay all applicable charges and service fees when due, including, but not limited to your credit card being declined or rejected by our merchant account processing gateway, shall be deemed a default cancellation without notice. If you modify your name server settings or other settings activating your site on another service this unilateral action shall be deemed a default cancellation without notice. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Buzz Ur Brand shall not refund you any fees paid in advance of such termination. Your termination request must be submitted to Buzz Ur Brand. It is your obligation to notify Buzz Ur Brand of any change in billing or contact information in advance of the renewal date. Termination request will not be processed unless all due invoices are paid.

You agree Buzz Ur Brand, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your website if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Buzz Ur Brand believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted website (as applicable) and all its parts, at Buzz Ur Brand's discretion, will be terminated as well. Buzz Ur Brand may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Buzz Ur Brand may immediately deactivate or delete your website, as applicable, and all related information and files. Buzz Ur Brand reserves the right to bar any further access to such files or the Service. You agree that Buzz Ur Brand shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.

If an Account Holder has been granted a discount for Buzz Ur Brand's Services and cancels the Service before the Agreed upon period, Account Holder must pay for the all Services used.

Buzz Ur Brand Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.

Ownsership of a Website Account and Security

You are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website, including those of your Guests. You agree to immediately notify Buzz Ur Brand of any unauthorized uses of the account or any other breaches of security. Buzz Ur Brand cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Buzz Ur Brand be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.

Content and Conduct Rules and Obligations

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Buzz Ur Brand, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Service. Buzz Ur Brand does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Buzz Ur Brand be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Service. You acknowledge that Buzz Ur Brand does not pre-screen Content, but that Buzz Ur Brand and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Buzz Ur Brand and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to Buzz Ur Brand. You acknowledge and agree that Buzz Ur Brand 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 the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Buzz Ur Brand, its users and the public.

You understand that the technical processing and transmission of the Service, 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.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Buzz Ur Brand's sole discretion as to what action should be taken.

Additional Software

With respect to any additional software that may be made available by Buzz Ur Brand in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Content Submitted

You acknowledge that Buzz Ur Brand does not pre-screen Content, but that Buzz Ur Brand and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Buzz Ur Brand and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 such advertiser. You agree that Buzz Ur Brand 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 advertisers on the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Buzz Ur Brand has no control over such sites and resources, you acknowledge and agree that Buzz Ur Brand is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Buzz Ur Brand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

Indemnity

You agree to indemnify and hold Buzz Ur Brand, and its subsidiaries, affiliates, officers, 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 your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Buzz Ur Brand.

General Practices Regarding Use and Storage

You acknowledge that Buzz Ur Brand may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.

Modifications to Service

Buzz Ur Brand reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Buzz Ur Brand shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Buzz Ur Brand Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Buzz Ur Brand or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Buzz Ur Brand does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Buzz Ur Brand representative, any material, information or idea you transmit to Buzz Ur Brand by any means may be disseminated or used by Buzz Ur Brand or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.

Disclaimer of Warranties

You expressly understand and agree that:

  1. Your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. Buzz Ur Brand expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. Buzz Ur Brand will make reasonable efforts to maintain the service, however, Buzz Ur Brand is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing up your data and information that may reside on the service. Buzz Ur Brand does not warrant that (I) the service will meet your specific requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the software will be corrected.
  3. Any material downloaded or otherwise obtained through the use of the 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 material.
  4. No advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in the tos.

Limitation of Liability

You expressly understand and agree that Buzz Ur Brand shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Buzz Ur Brand has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) 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; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

U.S. Government Restricted Rights

The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Buzz Ur Brand's proprietary rights in them.

General

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Buzz Ur Brand shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Buzz Ur Brand agree to submit to the personal and exclusive jurisdiction of the courts located within Orlando,Florida. The failure of Buzz Ur Brand to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Buzz Ur Brand and govern your use of the Service, superseding any prior agreements between you and Buzz Ur Brand (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Buzz Ur Brand services, third-party content or third-party software. If any provision of the TOS or incorporated documents are 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 TOS 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

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