Terms of Use – Social Buzz Club, LLC
The following terms and conditions govern all use of the SocialBuzzClub.com website and all content, services and products available through the website, including, but not limited to, the blog, website, forum, and member area (collectively referred to as the Site). Please read this Agreement carefully before accessing or using the Site.
1. General
Social Buzz Club, LLC. dba Social Buzz Club™ and its affiliates (“we” or “us”) have created and maintain this website for your benefit, information, education, collaboration and communication. By accessing and/or using this website, you accept, without limitation, modification or qualification, these terms and conditions of use contained herein and all other operating rules, policies (including, without limitation, Social Buzz Club, LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by Social Buzz Club, LLC (collectively, the “Agreement”). If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. We reserve the right to change the terms and conditions from time to time at our sole discretion without notice. Such changes will be effective immediately upon posting to the Site. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. Social Buzz Club, LLC is available only to individuals who are at least 13 years old. Social Buzz Club, LLC reserves all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights Social Buzz Club, LLC may have. Specific areas or pages of this website may include additional or different terms relating to the use of this Site. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all material on this site © 2011 Social Buzz Club, LLC. All rights reserved.
2. Intellectual Property
The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Social Buzz Club, LLC, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Social Buzz Club, LLC. Social Buzz Club, LLC neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Social Buzz Club, LLC. Images of people or places displayed on the website are either the property of, or used with permission by, Social Buzz Club, LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy, and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website are registered and unregistered Trademarks of Social Buzz Club, LLC and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Social Buzz Club, LLC or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Social Buzz Club, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law.
3. Disclaimer
Social Buzz Club, LLC makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Social Buzz Club, LLC’s computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold Social Buzz Club, LLC harmless from, and you covenant not to sue us for, any claims for lost data, work delays or lost profits resulting from use of materials or content from this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, this Site is provided “as is”. Neither Social Buzz Club, LLC nor any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use this site, or damages resulting from use of or reliance on the information present, even if Social Buzz Club, LLC, or its suppliers have been advised of the possibility of such damages. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement or arising from a course of dealing, usage or trade practice. Social Buzz Club, LLC does not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.
4. Privacy of User Information
Please see our Privacy Policy for information regarding the collection of personal information from this website. Despite any representations concerning privacy, Social Buzz Club, LLC reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
5. Availability of Products and Services
The information provided at this website is published throughout the world. Social Buzz Club, LLC manages this website from its facilities in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America and some countries around the world. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. Please contact your local sales representative for information as to products and services available in your country.
6. Links to Third Party Sites
This website may contain links to third party sites. These third party sites have separate and independent privacy policies. Such linked sites are not under the control of Social Buzz Club, LLC, and we therefore have no responsibility or liability for the accuracy or reliability of any information, data, opinions, advice, activity, or statements contained on any such linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Access to any other Internet site linked to this website is at the user’s own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by Social Buzz Club, LLC of such third party sites or any goods or services offered by such third parties.
7. User Content
Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to Social Buzz Club, LLC or postings on interactive portions of this website, shall be deemed and shall remain the property of Social Buzz Club, LLC. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications.
Social Buzz Club, LLC may use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, producing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE and hold harmless Social Buzz Club, LLC from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Social Buzz Club, LLC, you hereby grant Social Buzz Club, LLC, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.
8. Interactive Areas, Contribution to Website and Code of Acceptable Conduct
Social Buzz Club, LLC does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. If you leave comments anywhere on the Site, including but not limited to submitting content to the Buzz Feed, posting material to other areas of the Site, posting links anywhere on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software.
When participating in interactive areas of this website and making Content available, you represent and warrant that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
By making Content available, you represent and warrant that:
- Uploading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
- The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content
- The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
- The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party Social Buzz Club, LLC will assist law-enforcement officials investigating illegal activity or violations of these terms of use.
By submitting Content to Social Buzz Club, LLC for inclusion on our Site, you grant Social Buzz Club, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
The following is a partial list of the kind of content which is illegal or prohibited on the site. It includes content that:
- Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
- Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices;
- Provides pirated content or links to pirated content files;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Displays pornographic material of any kind;
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone’s privacy; providing or creating computer viruses;
- Solicits passwords, personal identifying information for commercial or unlawful purposes from other users.
9. Products, Services and Software
A description or reference to a product, service, webpage or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Social Buzz Club, LLC of that product, service or publication. Products offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product. Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Social Buzz Club, LLC or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
10. Payments and Refunds
The Social Buzz Club, LLC site offers products and services for sale. The site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy. Free accounts are provided with a limited access to the Site that allows the user to test all available services prior to making a payment and determine if the offered services meet users needs. You may request a refund within 7 days of the payment only if your browser does not support javascript and you’re not able to use our system, otherwise no refunds will be offered. Note that our system keeps track of your browser name, version and javascript support so we will verify each request for legitimacy.
11. Changes
Social Buzz Club, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Social Buzz Club, LLC may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
12. Jurisdiction and Choice of Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in Connecticut in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.
13. Indemnification
You agree to indemnify and hold harmless Social Buzz Club, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
14. Severability
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
15. Public and Member Forums
This site makes forums and message boards available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
16. Violation of the Terms – Termination
You understand and agree that in Social Buzz Club, LLC’s sole discretion, and without prior notice, Social Buzz Club, LLC may terminate your membership and access to the site, and remove any unauthorized User content should you violate any of the terms and conditions of this company or for any other reason we feel warrants a disruption to the membership. No membership fees will be refunded if your membership is terminated due to the decision of Social Buzz Club, LLC. Social Buzz Club, LLC may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
17. Commenting Policy
We refrain from censoring comments based on ideological point of view. We only delete those comments that are abusive, off-topic, use excessive foul language, include ad hominem attacks, or include spam or spam-like links. Affiliate links will be considered spam and may be subject to removal. We ask that all persons commenting and posting on the site and forum remain respectful of others.
18. Contacting Us
If you have questions about these Terms or want to contact us for any reason you may do so by emailing us at the contact us page. To communicate with us via mail, please send your inquiries to our correspondence department at Social Buzz Club Correspondence, PO Box 34105, San Diego, CA 92163 or via phone at 203-572-1SBC (1722).