1. General Information Regarding These Master Terms of Use (”Master Terms”).
Please read these terms carefully because they apply
to your use of all of the websites that Buzzeromatic Corporation operates
(collectively, the websites to which these terms apply, the “Websites”), including
the products and services provided through the Websites (collectively, the “Services”).
Websites include, but are not limited to, the websites operated at http://www.flauntable.com
(the "Flauntable Website"), http://www.iamsaintnick.com (the "I Am Saint Nick Website"),
and http://www.iamsaintvalentino.com (the "I Am Saint Valentino Website") collectively,
together with all sub-domains thereof including, without limitation.
Buzzeromatic Corporation ( “Buzzeromatic”) is
a Washington State corporation with a business office in Seattle, Washington, United
States.
Unless otherwise agreed in writing with Buzzeromatic,
your use of any Website or Service will always be subject to, at a minimum, the
terms and conditions set out in this document. These are referred to as the “Master
Terms.”
In addition, your use of any Website or Service may
also be subject to the terms of any legal notice applicable to the Website or Service,
in addition to the Master Terms. All such terms supplementing these Master Terms
are referred to below as the “Additional Terms.” Where Additional Terms apply to
a Website or Service, these will be accessible for you to read either within, or
through your use of, that Website or Service.
The Master Terms, together with any Additional Terms,
form a binding legal agreement between you and Buzzeromatic in relation to your
use of the Websites and the Services. Collectively, this legal agreement is referred
to below as the “Terms.” If there is any contradiction between the Additional Terms
and the Master Terms, then the Additional Terms shall take precedence in relation
to the Website or Service to which the Additional Terms apply.
2. Your Agreement to the Terms.
YOUR USE OF ANY WEBSITE OR SERVICE
IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE
TERMS. By accessing or using any Website or Service you also represent that you
have the legal authority to accept the Terms on behalf of yourself and any party
you represent in connection with your use of any Website or Service. If you do not
agree to the Terms, you are not authorized to use any Website or Service.
3. Changes to the Terms.
From time to time, Buzzeromatic may change, remove,
add to (including without limitation by way of Additional Terms) or otherwise modify
the Terms, and reserves the right to do so in its discretion. In that case, we will
post the updated Master Terms or Additional Terms, as relevant, to the applicable
Website(s) and indicate the date of revision. We encourage you to periodically review
the Terms. In addition, if our modifications are material, we will make commercially
reasonable efforts to notify you electronically. For example, we may send a message
to your email address, if we have one on file, or we may display a notice on the
Websites indicating that the Terms have changed. All new and/or amended Terms take
effect immediately; provided, however, that if deemed material by Buzzeromatic
it its sole discretion, such new and/or additional material terms will be marked
as such and will take effect 30 days after they are posted on the applicable Website.
Notwithstanding the foregoing, (i) no modification to the Terms will apply to any
dispute between you and Buzzeromatic that arose prior to the effective date of
any modification and (ii) if you do not agree with any modification to the Terms,
you may terminate this agreement by ceasing use of the Websites and Services. Your
continued use of any Website or Service after new and/or revised Terms are effective
indicate that you have read, understood and agreed to those Terms.
4. Provision of the Websites and Services Generally.
Buzzeromatic makes the Websites and Services available
to you on the Terms. You may only use the Websites and Services in accordance with
these Master Terms and any applicable Additional Terms. In particular but without
limitation, you may not use the Websites and Services for any purpose that is unlawful
or prohibited by these Master Terms, any applicable Additional Terms, or any other
conditions or notices that are made available on any Website or Service.
5. No Legal Advice.
Buzzeromatic is not a law firm and does not provide
legal advice. If you have a problem with the service, contact an attorney.
6. Location of the Websites and Services.
The Websites and Services are controlled and offered
by Buzzeromatic from its facilities in the United States of America. Buzzeromatic
makes no representations that the Websites or Services are appropriate or available
for use in other locations. If you are accessing or using any Website or Service
from other jurisdictions, you do so at your own risk and you are responsible for
compliance with local law. Notwithstanding the foregoing, the Websites may contain
or provide links to Content (defined in Section 8, below) hosted on websites located
outside of the United States of America.
7. User Conduct.
Users agree not to use the Websites or Services to:
- Post, use or transmit
Content that you do not have the right to post or use, for example, under intellectual
property, confidentiality, privacy or other applicable laws;
- Post, use or transmit
unsolicited or unauthorized Content, including advertising or promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited
or unwelcome solicitation or advertising;
- Post, use or transmit
Content that contains 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 or otherwise interfere with or disrupt
the Websites or Services or servers or networks connected to the Websites or Services,
or that disobeys any requirements, procedures, policies or regulations of networks
connected to the Websites or Services;
- Post or transmit Content
that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful
or otherwise discriminatory, false and misleading, incites an illegal act, or is
otherwise in breach of your obligations to any person or contrary to any applicable
laws and regulations;
- Intimidate or harass
another;
- Use or attempt to use
another’s account, service, or personal information;
- Remove, circumvent,
disable, damage or otherwise interfere with any security-related features that enforce
limitations on the use of the Websites or Services;
- Attempt to gain unauthorized
access to the Websites or Services, other accounts, computer systems or networks
connected to the Websites or Services, through hacking password mining or any other
means or interfere or attempt to interfere with the proper working of the Websites
or Services or any activities conducted through the Websites or Services;
- Use any means to bypass
or ignore robot.txt, or other measures we use to restrict access or use of the Websites
or Services;
- Impersonate another
person or entity, or falsely state or otherwise misrepresent your affiliation with
a person or entity; or
- Post or transmit any
personally identifiable information about persons under 13 years of age.
In addition, you may not (and may not authorize another
party to): (i) frame or otherwise co-brand the Websites or Services (for example,
by displaying a name, logo, trademark or other means of attribution of a third party
that is reasonably likely to give the user the impression that that third party
has the right to display, publish or distribute the Website or Service); or, (ii)
use any Website or Service in any manner that could disable, overburden, damage
or impair such Website or Service, or interfere with any other party’s use and enjoyment
of any Website or Service.
8. Terms Relating to Content on the Websites and
Services.
- Responsibility for Content.
You understand that all material, data and information, such as data files, written
text, computer software, music, audio files or other sounds, photographs, videos
or other images (collectively, “Content”) which you may have access to as part of,
or through your use of, the Websites and Services are the sole responsibility of
the person from which such Content originated. This includes assertions that persons
may make, expressly or impliedly, about the provenance and ownership of Content
that they supply, upload, list and/or link to. You acknowledge that Buzzeromatic
does not make any representations or warranties about the Content, including without
limitation, about the accuracy, integrity or quality of the Content made available
at the instigation of users of the Websites and Services. You understand that by
using the Websites and Services, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances is Buzzeromatic liable in any
way for any Content, including, but not limited to: any infringing Content, any
errors or omissions in Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, transmitted to, linked to or otherwise
accessible or made available via the Websites and Services.
- Licenses Associated
With Content on the Websites and Services.
- Buzzeromatic Content:
All Content (other than computer software) owned by Buzzeromatic
- Your Content: You retain
your Content that you provide on the Websites or in connection with the Services.
You hereby agree that all Content you voluntarily provide to Buzzeromatic on or
through any Website or Service is licensed under a Creative Commons license, is
not copyrightable, or is in the public domain (such as Content you or another make
available under Buzzeromatic). When you post your Content, you designate Nectar
Factory as the “Attribution Party” for the purposes of the Attribution 3.0 license,
as defined therein, and grant permission for the relevant Website URI to be associated
with your Content for purposes of that license. If Content you provide is protected
by copyright, then if it is not licensed under a Creative Commons Attribution 3.0
license, you must not provide it to Buzzeromatic. For the avoidance of
doubt, you may otherwise license your Content on any terms or no terms at all, but
upon uploading or supplying Content protected by copyright to Buzzeromatic on
the Websites or in connection with the Services, you are licensing such Content
under a Creative Commons Attribution 3.0 license in addition to any such other license
that may apply to your Content, and designating Buzzeromatic (and any relevant
Buzzeromatic project) as the Attribution Party for purposes of that license; provided,
however, that this subparagraph (b)(ii) shall not apply to Content, if any, that
you identify or reference when using our License Chooser or Buzzeromatic Chooser
but that you do not supply or upload onto the Websites or in connection with the
Services.
- Third Party Content:
Third Party Content and Third Party Websites (as defined in Section 9, below) that
Buzzeromatic links to or embeds in the Websites or that are provided through the
Services, including but not limited to blogs and news feeds, are subject to the
license terms accompanying such Content. For Third Party Content and Third Party
Websites that Buzzeromatic supplies, as a courtesy Buzzeromatic will take reasonable
steps to clearly mark any such Third Party Content or Third Party Websites that
are not licensed under a Creative Commons Attribution 3.0 license; provided, however,
that Buzzeromatic cannot and does not make any guarantee or warranty whatsoever
about the license terms of Third Party Content or Third Party Websites and provides
all such information AS-IS. We encourage you to always verify the license
of any such Content before use.
- Content You Provide.You
may only submit Content to the Websites or in connection with the Services that
you have the right to submit. This means that you can only submit Content that you
yourself create, that is in the public domain or that you have been expressly granted
the right to submit consistent with the Terms. For the avoidance of doubt, Content
that infringes the rights of any third party (e.g., Content used without express
permission of the copyright owner and not otherwise permitted by law) must not be
submitted. You represent, warrant and agree that no Content of any kind submitted,
posted or otherwise shared by you on or through any of the Websites or Services,
violates or infringes upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights, or contains libelous,
defamatory or otherwise unlawful material. Further, you represent, warrant and agree
not to submit any personally identifiable information, including any Content containing
personally identifiable information, about any person who is under 13 years of age.
Buzzeromatic may, but is not obligated to, review your content and may delete
or remove (without notice) any Content in its sole discretion that Buzzeromatic
determines violates the Terms or that may be offensive, illegal, or that might violate
the rights, harm or threaten the safety of others. Buzzeromatic does not endorse
or support any Content posted by you or any other third party on or through the
Websites or Services. You alone are responsible for creating backup copies and replacing
any Content you post on the Websites or Services, and you authorize Buzzeromatic
to make copies of your Content as we deem necessary in order to facilitate the posting
of your Content on the Websites or Services. You may request the removal of your
Content from the Websites or Services at any time, and Buzzeromatic will take
reasonable steps to promptly remove such Content; provided, however, that Nectar
Factory can remove any such Content only from its Websites and cannot remove Content
from email archives, wiki history pages and similar community forums where you may
post content, or others’ computers, such as Content you may have sent to others
in an email posted to a Buzzeromatic email list. If you choose to remove your
Content, the Buzzeromatic license you granted when submitting such Content (see
subparagraph (b)(ii), above) will remain in full force and effect in accordance
with its terms.
- Use of Content on the
Website or Services.You may use the Content you find on the Websites or Services
in accordance with the terms of the license applicable to that Content. You represent
and warrant to Buzzeromatic that you will use any and all Content on our Websites
or Services in accordance with the applicable license. You should be sure to review
the terms of that license before you use the Content to which it applies so that
you know what you can and cannot do.By using the Websites or Services, you agree
that you are solely responsible for your use of any and all Content made available
thereon. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the provenance, ownership, accuracy,
completeness, or reliability of such Content. In this regard, you acknowledge that
you may not rely on any Content made available on the Websites or Services without
your own independent evaluation of that Content. Buzzeromatic does not guarantee
that Content made available on the Websites or Services does not infringe the rights
of any third party.
9. Third Party Websites and Content; Links.
The Websites or Services may contain links to websites
not controlled by Buzzeromatic (”Third Party Websites”), as well as Content belonging
to or originating from persons or organizations other than Buzzeromatic (”Third
Party Content”). You acknowledge that Buzzeromatic: (a) is not responsible or
liable for any Third Party Websites or any Third Party Content, information or products
made available at any Third Party Website; (b) has not reviewed any Third Party
Websites or Third Party Content for accuracy, appropriateness, completeness or non
infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or
Third Party Content; and (d) makes no representations or warranties whatsoever about
any Third Party Websites or Third Party Content.
10. Participation: Registered Users.
Registering for an account on any of the Websites is void where prohibited. Only persons who are over
the age of majority in their jurisdiction (which typically is 18, but may be different
in your jurisdiction) and fully competent to enter into the terms, conditions, obligations,
affirmations, representations and warranties set forth in the Terms and to abide
by and comply with the Terms may register for an account and use the related Services;
provided, however, that if you are under the age of majority in your jurisdiction
but over 13 years of age, you may join with the express permission of your parent
or legal guardian. Any registration by, use of or access to the Services provided
to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under
the age of majority in their jurisdiction but without parental or guardian permission,
is unauthorized, unlicensed and a violation of these Master Terms. By registering
for an account on any of the Websites or using the related Services, you represent
and warrant that you (1) are the age of majority in your jurisdiction or, (2) are
over the age of 13 and have the express permission of a legal guardian to become
a Registered User and use Services made available to Registered Users, and
you further agree to abide by all of the terms and conditions of these Master Terms
and any applicable Additional Terms.
Services offered to Registered Users are provided
subject to these Master Terms and any Additional Terms specified on the relevant
Website. Buzzeromatic reserves the right to modify or discontinue the accounts
of Registered Users and related Services at any time. Buzzeromatic disclaims any
and all liability to Registered Users and third parties in the event Buzzeromatic
exercises its right to modify or discontinue user accounts or related Services.
Registration; Security. You agree to (a) provide
accurate, current and complete information about you, if and as may be prompted
by the registration process on the any of the Websites, (b) maintain the security
of your password(s) and identification, (c) maintain and promptly update your registration
information and any other information you provide to Buzzeromatic, and to keep
it accurate and complete to, among other things, allow us to contact you, and (d)
be fully responsible for all use of your account and for any actions that take place
using your account. It is your responsibility to ensure that Buzzeromatic has
up-to-date contact information for you. You may not set up an account or membership
on behalf of another individual or entity unless you are authorized to do so.
No Membership in Buzzeromatic. As used in
these Master Terms, “Registered User” means a person who has registered and obtained
an account on one of our Websites. Becoming a Registered User or using any of the
related Websites or Services does not and shall not be deemed to make you a member,
shareholder or affiliate of Buzzeromatic for any purposes whatsoever, nor shall
you have any of the rights of statutory members as defined in Sections 2(3) and
3 of Chapter 180 of the General Laws of Washington State.
Termination; Termination and Inactivation of User
Accounts. Your participation as a Registered User and use the related Services
terminates automatically upon your breach of any of these Master Terms or applicable
Additional Terms.
In addition, Buzzeromatic may, at any time: (a)
modify, suspend or terminate the operation of or access to your user account for
any reason; (b) modify or change such Websites and Services and any applicable Terms
and policies governing your user account and related Websites and Services for any
reason; and (c) interrupt user accounts and related Websites and Services for any
reason, all as Buzzeromatic deems appropriate in its discretion. Your access to
your account, and use of the related Websites and Services may be terminated by
you or by Buzzeromatic at any time and for any reason whatsoever, without notice.
In addition, Buzzeromatic reserves the right to
delete and purge any account and all Content associated therewith following any
prolonged period of inactivity, all as may be determined by Buzzeromatic in its
complete discretion.
11. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE
LAW, Buzzeromatic OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Buzzeromatic DOES NOT WARRANT
THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BUZZEROMATIC’S SERVERS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUZZEROMATIC DOES NOT WARRANT
OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN
TERMS OF BUZZEROMATIC, RELIABILITY, OR OTHERWISE.
12. LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND
THEN ONLY TO THAT EXTENT, IN NO EVENT WILL BUZZEROMATIC, ITS EMPLOYEES, OFFICERS,
DIRECTORS, AFFILIATES OR AGENTS (”THE BUZZEROMATIC PARTIES”) BE LIABLE TO YOU
ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE
OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE
GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY
THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF
FOR ANY REASON), EVEN IF THE BUZZEROMATIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
THE BUZZEROMATIC PARTIES SHALL NOT BE RESPONSIBLE
OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES
(INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR
SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD
PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING
TO THE WEBSITES OR SERVICES.
13. Indemnification for Breach of Terms of Use.
You agree to indemnify and hold harmless the Nectar
Factory Parties (defined above) from and against any and all loss, expenses, damages,
and costs, including without limitation reasonable attorneys fees, resulting, whether
directly or indirectly, from your violation of the Terms. You also agree to indemnify
and hold harmless the Buzzeromatic Parties from and against any and all claims
brought by third parties arising out of your use of any of the Websites or Services
and the Content you make available via any of the Websites or Services by any means,
including without limitation through a posting, a link, reference to Content, or
otherwise.
14. Privacy Policy.
Buzzeromatic is committed to handling responsibly
the information and data we collect through our Websites and Services and agrees
to use your personal information in accordance with the Privacy Policy and the Terms.
The
Privacy Policy is hereby incorporated
by reference into these Master Terms.
15. Trademarks.
The Websites and Services may contain trademarks,
service marks, logos and other names that are the property of Buzzeromatic or
such other party as indicated with respect to that name or icon. In the case of
Buzzeromatic’ trademarks, logos and icons, these may only be used in accordance
with our trademark policy. The Trademark Policy is incorporated by reference into
these Master Terms.
16. Copyright Complaints; DMCA Compliance.
Buzzeromatic respects the intellectual property
rights of others, and we prohibit users of our Websites and Services from submitting,
uploading, posting or otherwise transmitting any materials that violate another
person’s intellectual property rights.
Buzzeromatic complies with the provisions of the
Digital Millennium Copyright Act (”DMCA”). As required by the DMCA, a Designated
Agent has been established with proper documentation sent to the US Copyright Office.
Contact our designated agent to report alleged copyright
infringement.
Additionally, it is our policy to terminate usage
rights and any applicable user accounts of users we determine to be “repeat infringers”
of others’ copyrights.
17. Termination of this Agreement.
These Master Terms and any Additional Terms will
continue to apply until terminated by either you or Buzzeromatic as set out below.
Your right to access and use the Websites and Services terminates automatically
upon your breach of any of these Master Terms or Additional Terms that may apply
to any of the Websites or Services.
Buzzeromatic may, at any time: (a) modify, suspend
or terminate the operation of or access to any of the Websites or Services, or any
portion of the Websites or Services, for any reason; (b) modify or change the Websites
or Services, or any portion of the Websites or Services, and any Master Terms, Additional
Terms and other policies governing the use of the Websites or Services, for any
reason; (c) interrupt the operation of the Websites or Services, or any portion
of the Websites or Services, for any reason, all as Buzzeromatic deems appropriate
in its sole discretion.
Your access to, and use of, the Websites or Services
may be terminated by you or by Buzzeromatic at any time and for any reason. Nectar
Factory will use reasonable efforts to notify you in advance about any material
modification, suspension or termination by Buzzeromatic that is not caused by
your breach of the Terms.
The disclaimer of warranties, the limitation of liability
and the jurisdiction and applicable law provisions shall survive any termination.
The license grants mentioned herein shall continue in effect subject to the terms
of the applicable license. Your warranties and indemnification obligations shall
survive any termination for one year.
18. Customer Service.
We offer varying types and levels of customer service
depending on a number of factors, including the service you are using and the problems
you are experiencing. We assume no obligation to provide support services for any
third party products or services, or for problems with our service caused by third
party products or services. Unless you have entered into a separate services agreement
with us, we may change the customer service options at any time. You can always
email us at support@buzzeromatic.com or visit http://www.getsatisfaction.com/buzzeromatic.
19. Money Back Guarantee.
We offer a money back guarantee if you terminate
your service within 30 days from your subscription date. The subscription date is
the date you order service or the date we successfully process your payment, whichever
is later. It is not the day you receive the equipment you ordered or the first day
you use the service.
20. Billing.
We will charge your method of payment in advance
for each monthly service plan fee, associated taxes and surcharges, in arrears for
any usage and calls not covered by your plan, and immediately on disconnection for
any unbilled amounts and any disconnection and rebate recovery fees that are due.
If you subscribe to a prepaid annual plan, we will bill you in advance for the service
plan fee due for the entire year, plus any associated taxes, and in arrears on a
monthly basis, subject to the proviso that we may initiate for mid-cycle billing
of additional amounts due that exceed $75.00, for usage and calls not covered by
your plan, and immediately on disconnection for any unbilled amounts and any disconnection
or rebate recovery fees that are due. When you subscribe to our service, you must
give us a valid email address and a payment method that we accept. We reserve the
right to stop accepting your payment method or your payments. You must advise us
at once if your payment method expires, you close your account, your billing address
changes, your email address changes, or your payment method is cancelled and replaced
on account of loss or theft.
When you subscribe to our service, you authorize us to collect from your payment
method, and any other outstanding charges. This authorization will remain valid
until 30 days after you terminate our authority to charge your payment method.
If we disconnect your service, you will remain liable to us for all charges under
this agreement and all the costs we incur to collect these charges, including, without
limitation, collection agency fees, reasonable attorneys' fees, and arbitration
or court costs.
You agree to promptly update your account information whenever your personal or
billing information changes (including, for example, your name, address, e-mail
address, telephone number, and credit/debit card number and expiration date). You
acknowledge and agree that Buzzeromatic will be sending you information regarding
your service, including via e-mail, over the Internet. If notices are sent by us
to the last email address provided by you, you agree that we have provided sufficient
email notice and you waive any rights to assert failure of notice.
If you want to dispute any Buzzeromatic charges on your statement, you must notify
us within 7 days after you receive your statement from your bank or credit card
issuer. If you do not dispute the charges within 7 days, you waive any right to
contest the charges.
21. Miscellaneous Terms.
These Master Terms and any Additional Terms are governed
by and construed by the laws of the State of California, in the United States, exclusive
of its choice of law rules. The parties agree that any disputes or proceedings between
Buzzeromatic and you concerning these Master Terms, any Additional Terms, and/or
any of the Websites or Services shall be brought in a federal or state court of
competent jurisdiction sitting in the Northern District of California, and hereby
consent to the personal jurisdiction and venue of such court. Either party’s failure
to insist on or enforce strict performance of any of the Terms shall not be construed
as a waiver of any provision or right. If any term or part of the Terms is held
to be invalid or unenforceable by any law or regulation or final determination of
a competent court or tribunal, that provision will be deemed severable and will
not affect the validity and enforceability of any remaining provisions. The parties
agree that no joint venture, partnership, employment, or agency relationship exists
between you and Buzzeromatic as a result of these Master Terms, any Additional
Terms, or your use of any of the Websites or Services. These Master Terms and any
applicable Additional Terms constitute the entire agreement between you and Nectar
Factory relating to this subject matter and supersede all prior, contemporaneous
and future communications (with the exception of future amendments to the Terms
as made available by Buzzeromatic from time to time) between you and Buzzeromatic.
A printed version of the Terms and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based on or relating to
the Terms to the same extent and subject to the same conditions as other business
documents and records originally generating and maintained in printed form.
These Terms of Use are Effective as of September
26, 2009.