This document describes the terms and conditions applicable to your use of Buzzerly.com.

By using our site, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Use"). We may update the Terms of Use without notice to you, and you are responsible for checking the most current version of the Terms of Use at http://buzzerly.com/support/terms.htm and our Privacy Policy at http://buzzerly.com/support/privacy.htm.

1. USE OF SERVICES

   In consideration of your use of our site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by Buzzerly.com ("BUZZERLY"). You are responsible for maintaining the confidentiality of your BUZZERLY account password, and are responsible for all activities that occur under your account. You agree to immediately notify BUZZERLY of any unauthorized use of your password or account or any other breach of security. BUZZERLY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. BUZZERLY reserves the right to refuse service to anyone at any time without notice for any reason.

2. APPROPRIATE CONDUCT

   You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("CONTENT"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such CONTENT originated. You understand that by using BUZZERLY's services, you may be exposed to CONTENT that is offensive, indecent or objectionable.

   You agree that you are responsible for your own conduct and CONTENT while using our site and for any consequences thereof. You agree to use our site only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using our site, you will not:

   • mass submit duplicate or similar messages;
   • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
   • upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful CONTENT;
   • upload, post, email or transmit or otherwise make available any CONTENT that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such CONTENT;
   • upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Use or any applicable policies or guidelines.
   • download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
   • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
   • restrict or inhibit any other user from using and enjoying BUZZERLY services;
   • use BUZZERLY services for any illegal or unauthorized purpose;
   • remove any copyright, trademark or other proprietary rights notices contained in or on BUZZERLY services;
   • interfere with or disrupt BUZZERLY services or servers or networks connected to BUZZERLY services, or disobey any requirements, procedures, policies or regulations of networks connected to BUZZERLY services;
   • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of BUZZERLY services or collect information about users for any unauthorized purpose;
   • submit CONTENT that falsely expresses or implies that such CONTENT is sponsored or endorsed by BUZZERLY;
   • create user accounts by automated means or under false or fraudulent pretenses;
   • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
   • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

   International users agree to comply with their own local rules regarding online conduct and acceptable CONTENT, including laws regulating the export of data to the United States or your country of residence.

   While BUZZERLY prohibits such conduct and CONTENT in connection with our site, you understand and agree that BUZZERLY may or may not pre-screen CONTENT and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any CONTENT submitted to our site. You also understand and agree that you nonetheless may be exposed to such conduct and/or CONTENT and that you use our site at your own risk.

3. PRIVACY POLICY

   For information about our data protection practices, please see our Privacy Policy at http://buzzerly.com/support/privacy.htm. By using our site, you acknowledge and agree that BUZZERLY may access, preserve, and disclose your account information and any CONTENT associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of BUZZERLY, its users and the public. BUZZERLY will not be responsible or liable for the exercise or non-exercise of its rights under the Terms of Use.

   You understand that the technical processing and transmission of BUZZERLY services, 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.

4. PROPRIETARY RIGHTS

   BUZZERLY's Rights

   You acknowledge and agree that our site and any necessary software used in connection with BUZZERLY services ("Software") contain 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 BUZZERLY services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BUZZERLY or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on BUZZERLY services or the Software, in whole or in part.

   BUZZERLY grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to BUZZERLY services. You agree not to access our site by any means other than through the interface that is provided by BUZZERLY for use in accessing BUZZERLY services.

   Your Rights

   BUZZERLY claims no ownership or control over any CONTENT submitted, posted or displayed by you on or through our site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any CONTENT you submit, post or display on or through our site and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying CONTENT on or through BUZZERLY services which are intended to be available to the general public, you grant BUZZERLY a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such CONTENT on BUZZERLY services solely for the purpose of displaying, distributing and promoting BUZZERLY services. This license terminates when such CONTENT is deleted from the BUZZERLY service to which you originally submitted. BUZZERLY reserves the right to syndicate CONTENT submitted, posted or displayed by you on or through our site and use that CONTENT in connection with any of the services offered by BUZZERLY.

5. POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND FEATURES

   It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act (DMCA) or other applicable law.

   If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify a BUZZERLY agent for notice of claims of copyright or other intellectual property infringement ("Agent"), by completing the form at Infringement Form or:

   Buzzerly.com
   3717 North Ravenswood Ave
   Suite 244
   Chicago, Illinois 60613
   

   Please provide our Agent with the following Notice:

   1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
   2. Identify the material on our site site that you claim is infringing, with enough detail so that we may locate it on the website (including but not limited to a URL);
   3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
   5. Your address, telephone number, and email address; and
   6. Your physical or electronic signature.

   BUZZERLY will remove the infringing content, subject to the procedures outlined in the DMCA.

   By submitting CONTENT to our site, you authorize BUZZERLY to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with BUZZERLY's authorized distribution of the CONTENT.

6. GENERAL PRACTICES REGARDING USE AND STORAGE

   You agree that BUZZERLY has no responsibility or liability for the deletion or failure to store any CONTENT and other communications maintained or transmitted by BUZZERLY services. You acknowledge that BUZZERLY has set no fixed upper limit on the number of transmissions you may send or receive through BUZZERLY services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

7. NO RESALE OF SERVICE

   You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of BUZZERLY services, use of BUZZERLY services, or access to BUZZERLY services.

8. MODIFICATIONS TO SERVICE

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

9. TERMINATION

   You agree that BUZZERLY, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the BUZZERLY services, immediately and without notice, and remove and discard any CONTENT within the BUZZERLY services, for any reason, including, without limitation, if BUZZERLY believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that BUZZERLY shall not be liable to you or any third-party for any termination of your access to the BUZZERLY services. Further, you agree not to attempt to use the BUZZERLY services after said termination. Sections 12 through 18 of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

10. ADVERTISEMENTS

    Many BUZZERLY services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by BUZZERLY on its services are subject to change. You agree that BUZZERLY shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on BUZZERLY services.

11. LINKS

    BUZZERLY services may provide, or third parties may provide, links to other sites or resources. Because BUZZERLY has no control over such sites and resources, you acknowledge and agree that BUZZERLY 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 BUZZERLY 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.

12. INDEMNITY

    You agree to hold harmless and indemnify BUZZERLY, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of BUZZERLY services, violation of these Terms of Use or any other actions connected with use of BUZZERLY services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BUZZERLY will provide you with written notice of such claim, suit or action.

13. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF BUZZERLY SERVICES IS AT YOUR SOLE RISK. BUZZERLY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUZZERLY 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. BUZZERLY MAKES NO WARRANTY THAT i) BUZZERLY SERVICES WILL MEET YOUR REQUIREMENTS, ii) BUZZERLY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BUZZERLY SERVICES WILL BE ACCURATE OR RELIABLE, iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BUZZERLY SERVICES 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 BUZZERLY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 BY YOU FROM BUZZERLY OR THROUGH OR FROM BUZZERLY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

14. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUZZERLY SHALL NOT BE LIABLE TO YOU 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 BUZZERLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: i) THE USE OR THE INABILITY TO USE BUZZERLY SERVICES; 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 BUZZERLY SERVICES; iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BUZZERLY SERVICES; OR v) ANY OTHER MATTER RELATING TO BUZZERLY SERVICES.

15. 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. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

16. NO THIRD PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to the Terms of Use.

17. NOTICE

    You agree that BUZZERLY may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on BUZZERLY services.

18. GENERAL INFORMATION

    Entire Agreement. The Terms of Use constitute the entire agreement between you and BUZZERLY and govern your use of BUZZERLY services, superceding any prior agreements between you and BUZZERLY. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BUZZERLY services, affiliate services, third-party CONTENT or third-party software.

    Choice of Law and Forum. The Terms of Use and the relationship between you and BUZZERLY shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and BUZZERLY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois.

    Waiver and Severability of Terms. The failure of BUZZERLY 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.

    Statute of Limitations. 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 BUZZERLY services 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 headings in the Terms of Use are for convenience only and have no legal or contractual effect.