Last Updated: August 24, 2011
Rel Equals, Inc. (”BuzzStream”, “we”, “us” and terms of similar meaning) provides this web site (in these terms we call this site and any successor websites, and any software provided by BuzzStream for use with the site, the “Site”) to you subject to these terms and conditions of use (these “Terms”). Please read these Terms carefully before using the Site. By accessing or using the Site or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
This Site is not intended to be used by children. You must be at least of the age of majority to use this Site.
In these Terms, our customers and their staff members to whom they give “staff” access to their BuzzStream account are called “Subscribers.” In these Terms users of the Site, whether they are Subscribers, members of our forums, people who post comments on the BuzzStream blog, or casual browsers of the Site, are called “Users”. All services that can be purchased by You under an Order Form, as distinguished from those provided freely available and freely accessible, are called “Purchasable Services.”
In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by you or your Staff, whether they are Subscribers or other Users, is called “Your Content”. Your Content submitted to the Purchasable Services is called “Your Application Data.” For example, data about Contacts submitted by you is Your Application Data, copies of communications between you and Contacts is Your Application Data, and Content that you enter into the BuzzStream forum or that you enter as a comment on the BuzzStream blog is Your Content.
BuzzStream reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, the change will be posted prominently on the Site. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at customer-service[at]BuzzStream.com.
The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (”Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to BuzzStream, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to BuzzStream. You are responsible for all activity on your BuzzStream account, and for all charges incurred by your BuzzStream account.
Fees and any other charges for the use of the Site are described on the Site. They may change from time to time. If we change the fees for products that you subscribe to, we will give you at least 30 days’ notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
Your Application Data is your property. You exclusively own all rights, title and interest in and to all Your Application Data. BuzzStream’s only right to the remainder of Your Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 of these Terms. Section 5 does not apply to Your Application Data.
Other than Your Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of BuzzStream or its licensors, and is protected by US and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. 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 BuzzStream.
Your Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage Your Content may cause to other people. Although we have no obligation to do so, with the exception of your Application Data, we have the absolute discretion to remove, screen or edit without notice any of Your Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any of Your Content you post or store on the Site.
We do not claim any ownership interest or rights to Your Application Data. We do not claim any ownership interest in the remainder of Your Content, but we do need the right to use it to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future. For example, if you leave comments on the BuzzStream blog or posts on the BuzzStream forum, we need your license to display Your Content on the Site, and we need the right to sublicense Your Content to our other Users so that they can view it.
Therefore,with the exception of Your Application Data, by posting or distributing User Content to or through the Site, you (a) grant BuzzStream and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from Your Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such Content; (b) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that Content, to or through the Site; and (ii) the use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If Your Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such Content to such Users for their use in connection with their use of the Site, as described in Section 5 of these Terms.
These licenses from you are non-exclusive because you have the right to use Your Content elsewhere. They are royalty-free because we are not required to pay you for the use of Your Content on the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site does this to Your Content when it processes it for use in the Site.
BuzzStream grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by BuzzStream at any time.
You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact BuzzStream at the address set out at the bottom of these Terms.
The Site may expand over time to contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site (”Interactive Areas”). If BuzzStream provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Your Content submitted to any public area of the Site will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Finally, BuzzStream has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
If you have spent any time reviewing the Site, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be reliable hosting services and security technologies and services that we believe provide you with a secure and safe environment.
For example, BuzzStream does not store credit card numbers. We rely on a secure processor who is PCI Data Security Standard compliant. When you transmit your credit card information to the Site, it is protected by128 bit SSL certificates.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use BuzzStream, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
The Site may contain links to third-party Web sites (”Third-Party Sites”) and third-party content (”Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. BuzzStream does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. BuzzStream provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply BuzzStream’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. BuzzStream accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
10. Advertisements and Promotions
BuzzStream may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than BuzzStream, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. BuzzStream is not 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 third-party advertisers on the Site.
The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from BuzzStream of any kind, either express or implied. BuzzStream expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. BuzzStream does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.
While BuzzStream attempts to make your access to and use of the Site safe, BuzzStream does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
You waive and shall not assert any claims or allegations of any nature whatsoever against BuzzStream, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither BuzzStream nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from BuzzStream or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to BuzzStream or any other Released Party’s records, programs or Services.
In no event shall the aggregate liability of BuzzStream, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless BuzzStream and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, and if you are a Subscriber, and from the use of the Site by any person to whom you give access to your account (including as staff), including any claims made by any person that any of Your Content infringes the rights, including the intellectual property rights, of any third party.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to Subscribers in the dashboard area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.