RezBuzz Terms of Use Agreement |
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the RezBuzz Services. By using the RezBuzz Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the RezBuzz Website, or otherwise use the RezBuzz Services without being registered) or you are a "Member" (which means that you have registered with RezBuzz). The term "User" refers to a Visitor or a Member. You are only authorized to use the RezBuzz Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the RezBuzz Website and discontinue use of the RezBuzz Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the RezBuzz Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes RezBuzz's policy for acceptable use of the RezBuzz Services and Content (as defined in Section 6.1 below) posted on or through the RezBuzz Services and your rights, obligations and restrictions regarding your use of the RezBuzz Services and Content posted on or through the RezBuzz Services. In order to participate in certain RezBuzz Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from RezBuzz. Unless otherwise provided by the additional terms and conditions applicable to the RezBuzz Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
RezBuzz may modify this Agreement from time to time and such modification shall be effective upon posting by RezBuzz on the RezBuzz Website. Your continued use of the RezBuzz Services after RezBuzz posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the RezBuzz Services and that you provide to other Users. Your RezBuzz profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other RezBuzz Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and RezBuzz assumes no responsibility or liability for this material. If you become aware of misuse of the RezBuzz Services by any person, please click on the "Contact RezBuzz” or the “Report Abuse” link at the bottom of the RezBuzz Website pages.
RezBuzz reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the RezBuzz Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. RezBuzz expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the RezBuzz Services if RezBuzz determines, in its sole discretion, that you have violated this Agreement or pose a threat to RezBuzz and/or its Users.
Disclaimers. RezBuzz is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the RezBuzz Services, whether caused by Users of the RezBuzz Services or by any of the equipment or programming associated with or utilized in the RezBuzz Services and such User Content does not necessarily reflect the opinions or policies of RezBuzz. Profiles and third party applications created and posted by Members on the RezBuzz Website may contain links to other websites. RezBuzz is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by RezBuzz. Inclusion of any linked website on the RezBuzz Services does not imply approval or endorsement of the linked website by RezBuzz. When you access these third party sites, you do so at your own risk. RezBuzz takes no responsibility for third party advertisements or third party applications that are posted on or through the RezBuzz Services, nor does it take any responsibility for the goods or services provided by its advertisers. RezBuzz is not responsible for the conduct, whether online or offline, of any User of the RezBuzz Services. RezBuzz assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. RezBuzz is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the RezBuzz Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the RezBuzz Services. Under no circumstances shall RezBuzz be responsible for any loss or damage, including personal injury or death, resulting from use of the RezBuzz Services, attendance at a RezBuzz event, from any User Content posted on or through the RezBuzz Services, or from the conduct of any Users of the RezBuzz Services, whether online or offline. The RezBuzz Services are provided "AS-IS" and as available and RezBuzz expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RezBuzz cannot guarantee and does not promise any specific results from use of the RezBuzz Services.
Use of the RezBuzz Services and registration to be a Member for the RezBuzz Services (“Membership”) is void where prohibited. By using the RezBuzz Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the RezBuzz Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, or we believe that you are under 18 years of age and you represent yourself as 18.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the RezBuzz Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. RezBuzz may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
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 not to 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 RezBuzz 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.
Proprietary Rights in Content on RezBuzz. RezBuzz does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the RezBuzz Services. After posting your Content to the RezBuzz Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the RezBuzz Services, you hereby grant to RezBuzz a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the RezBuzz Services, including without limitation distributing part or all of the RezBuzz Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the RezBuzz Website. This limited license does not grant RezBuzz the right to sell or otherwise distribute your Content outside of the RezBuzz Services. After you remove your Content from the RezBuzz Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the RezBuzz Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the RezBuzz Website as soon as practicable after you make the change.
You represent and warrant that: (i) you own the Content posted by you on or through the RezBuzz Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the RezBuzz Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the RezBuzz Services.
The RezBuzz Services contain Content of RezBuzz ("RezBuzz Content"). RezBuzz Content is protected by copyright, trademark, patent, trade secret and other laws, and RezBuzz owns and retains all rights in the RezBuzz Content and the RezBuzz Services. RezBuzz hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the RezBuzz Content (excluding any software code) solely for your personal use in connection with viewing the RezBuzz Website and using the RezBuzz Services.
The license you grant to RezBuzz is non-exclusive (meaning you are free to license your Content to anyone else in addition to RezBuzz), fully-paid and royalty-free (meaning that RezBuzz is not required to pay you for the use on the RezBuzz Services of the Content that you post), sublicensable (so that RezBuzz is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the RezBuzz Services), and worldwide (because the Internet and the RezBuzz Services are global in reach) The RezBuzz Services contain Content of Users and other RezBuzz licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the RezBuzz Services.
RezBuzz performs technical functions necessary to offer the RezBuzz Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the RezBuzz Services.
Content Posted.
RezBuzz may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of RezBuzz violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. RezBuzz assumes no responsibility for monitoring the RezBuzz Services for inappropriate Content or conduct. If at any time RezBuzz chooses, in its sole discretion, to monitor the RezBuzz Services, RezBuzz nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the RezBuzz Services, and any material or information that you transmit to other Members and for your interactions with other Users.
The following are examples of the kind of activity that is illegal or prohibited on the RezBuzz Website and through your use of the RezBuzz Services. RezBuzz reserves the right to investigate and take appropriate legal action against anyone who, in RezBuzz's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the RezBuzz Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, RezBuzz reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which RezBuzz deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the RezBuzz Services, you acknowledge that you will have caused substantial harm to RezBuzz, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay RezBuzz $50 for each such unsolicited email or other unauthorized commercial communication you send through the RezBuzz Services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the RezBuzz Services; activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
any automated use of the system, such as, but not limited to, using
interfering with, disrupting, or creating an undue burden on the RezBuzz Services or the networks or services connected to the RezBuzz Services; impersonating or attempting to impersonate another Member, person or entity;
for band, comedy, filmmaker and other profiles containing a RezBuzz player, copying the code for your RezBuzz Player and embedding it (or directing others to embed it) anywhere other than your band profile on RezBuzz; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the RezBuzz Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the RezBuzz Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
using the RezBuzz Services in a manner inconsistent with any and all applicable laws and regulations.
Protecting Copyrights and Other Intellectual Property.
RezBuzz respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. RezBuzz has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the RezBuzz Services in a way that constitutes copyright infringement, please send RezBuzz's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the RezBuzz Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. RezBuzz's Copyright Agent for notification of claimed infringement can be reached as follows:
Member Disputes.
You are solely responsible for your interactions with other RezBuzz Members. RezBuzz reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
Use of the RezBuzz Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and RezBuzz agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the RezBuzz Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT. Indemnity. You agree to indemnify and hold RezBuzz, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the RezBuzz Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the RezBuzz Services causes RezBuzz to be liable to another. Please contact us at: Contact RezBuzz with any questions regarding this Agreement.
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