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Terms of Use

Last Updated: November 28, 2016

Opening Notice

Welcome! Glad to see our users are smart enough to read what they’re agreeing to! We want every user to read this – that’s why we wrote it in simple English, avoiding ‘Legalese’ wherever possible. We also put what we think is most important up front, left the boring things to the end, and wrote shortened explanations in square brackets [like this] to make it even more simple. Please write to us via our contact page if you have any questions or concerns.

By using the BuzzIt app and / or BuzzIt.ca (“BuzzIt”), you signify that you have read, understand and agree to be bound by these Terms of Use and our Privacy Policy.

The bold headings in this agreement are for your reading convenience and do no control any of the provisions of this agreement. Similarly, everything written inside square brackets [like these] is intended only to improve readability and does not control any of the provisions of this agreement.

Our Privacy Policy - [Your content is shared publicly but your location and identity are not]

Any Content (as defined in our Privacy Policy), login or other information that you upload to BuzzIt or send to us via snail mail, email or any other means is subject to our Privacy Policy, which governs how we will collect, use and share your information.

By using BuzzIt, you acknowledge and agree with the collection and use of this information in accordance with our Privacy Policy, including the transfer of Content across international boundaries as determined by our storage needs and how users in other countries access BuzzIt Content.

The Rules - [have fun; be respectful; no nudity please]

BuzzIt is meant to be fun for all users. If the way you have fun is by ruining other people’s fun, please go somewhere else. You can use BuzzIt for whatever purpose you like, limited to the following restrictions:

When you use BuzzIt:

  • Show respect for others users and non-users
  • Do not harass, bully or intimidate other people
  • Do not incite violence or hatred against any people or groups of people
  • Do not make threats of any kind
  • Do not make lewd comments about people in your area
  • Do not troll
  • Do not feed the trolls
  • Do not spam
  • Do not post, share, or link to: anything that could identify any other user, anyone’s contact information other than your own, pornographic or nude images or videos of any kind, viruses or malicious code of any kind, or sexist/racist/bigoted material of any kind
  • Do not intentionally do anything that could disable, overburden, or impair the proper working of BuzzIt
  • Do not use BuzzIt to cheat within a classroom testing environment
  • Do not support any violations of the above
  • Help make BuzzIt better; please report any offences to these rules via the in-app mechanisms.

You accept that your failure to comply with any of the above rules may result in us terminating your account, deleting your Content, and, at our sole discretion, notifying the authorities when we have reason to believe that people’s lives are in danger or children have been put at risk. For more details on this, please see our Privacy Policy.

The Basics (I) - [You are solely responsible for your actions on BuzzIt]

You are solely responsible for your use of BuzzIt and any Content that you create on, send to or upload to BuzzIt, and for any consequences that result from said Content.

Specifically, you agree to hold BuzzIt Inc.’s owners, heirs, beneficiaries, affiliates, officers, directors, employees, agents, third party service providers, and partners (referred to herein as “us”, “we”, or “our”) harmless from and defend us against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of BuzzIt, your violation of this user agreement, and/or your violation of the rights of any third party or person.

The Basics (II) - [You can’t sue us for what you see on BuzzIt]

You will not hold us responsible for any Content that you access through BuzzIt.

You accept that all Content on BuzzIt is the sole responsibility of the person who originated such Content, and that because we do not monitor or control the Content posted via BuzzIt, we cannot take responsibility for such Content.

Any use or reliance on any Content on BuzzIt or obtained by you through BuzzIt is at your own risk.

You understand that we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content on BuzzIt.

You understand that by using BuzzIt you could be exposed to Content that is offensive, harmful, inaccurate, inappropriate, or in some cases, mislabeled or deceptive. Under no circumstances will we be liable in any way for any Content.

Your Content - [you own it, but we and other users are allowed to see, share and use it]

You retain all ownership rights to Content that you upload to BuzzIt.

However, by uploading Content, you grant us and all other BuzzIt users a non-exclusive, royalty-free license to view your Content on BuzzIt and to use, reproduce, distribute, modify and display such Content as permitted through BuzzIt and any other form of media.

By uploading Content to BuzzIt, you give us a worldwide, non-exclusive, royalty-free license to reproduce, distribute, modify and display your Content for promotional purposes as we see fit.

Governing Law and Jurisdiction - [disputes must be brought and settled in British Columbia]

Any claim or dispute between you and us arising out of or relating to these Terms of Use or the use of BuzzIt, in whole or in part shall be governed by the laws of the Province of British Columbia, Canada. You agree to submit to the sole jurisdiction and venue of the provincial and federal courts located in Vancouver, British Columbia.

Reduction of legal period for cause of action - [notices of claim must be filed within one year]

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 BuzzIt or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred from bringing such claim.

Links to Other Sites - [linked content is not our responsibility]

BuzzIt allows the user community to post links to other websites and services and we do not actively monitor which links are posted, or the content that said links contain. These third party websites and services are not under our control and therefor our Terms of Use and Privacy Policy do not apply to them. You agree not to hold us responsible for content you access via a link on BuzzIt, or how those linked sites gather and use your information, or for any wrongdoing by a third party that you encountered via a link on BuzzIt. You also agree to take sole legal responsibility for links that you post to BuzzIt.

Disclaimer of Warranty – [BuzzIt is provided on an “as is” basis]

We disclaim all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral, on paper or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user Content. We cannot and do not guarantee that BuzzIt will always work as you expect.

The DMCA – [if you upload copyrighted material, we’ll take it down if the owner asks nicely]

You agree that you have the right to submit anything you post, and that your Content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

You accept that this agreement and your use of BuzzIt is subject to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. § 512).

We reserve the right to remove any Content that we deem to be infringing on the copyright of others and we will respond to legitimate requests under the DMCA.

If you are a copyright owner or an agent thereof and believe that Content on BuzzIt infringes on your copyright, please send the following information to us via our contact page:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If we remove your Content, we will notify you within BuzzIt. If you believe your Content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us which must include the following:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dover, Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

We reserve the right to eliminate any account that we deem to be held by a repeat offender, at our sole discretion.

Notice of Our Exclusive Ownership and Copyright – [BuzzIt is yours to use but belongs to us]

We reserve exclusive rights over everything related to BuzzIt, except for the Content uploaded by users as explained in the section of this agreement titled “Your Content”. This includes, but is not limited to, the BuzzIt name, the BuzzIt Bee Logo, the software code and the look and feel of BuzzIt.ca and the BuzzIt app.

Nothing in these Terms of Use gives you the right, except under conditions of fair use, to use any of the distinctive BuzzIt brand features for your own purposes, commercial or otherwise.

Your Use of Our Software – [no hacking or using hacked versions]

We grant you a personal, non-exclusive and non-transferable right and license to use BuzzIt, in any way that does not contradict any of the provisions of these Terms of Use, provided that you do not, and do not allow any third party to, copy, modify, create a derivative work from, 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 our software.

You agree not to modify or use unauthorized versions of BuzzIt. You agree to access BuzzIt only through the BuzzIt.ca website and the BuzzIt app.

This Agreement Supersedes All Others – [anything that contradicts this is void]

These Terms of Use, together with our Privacy Policy, represent the entire agreement between you and us regarding BuzzIt, and these two documents supersede any other such agreement, whether oral, written or electronic.

Severability – [if any individual clause is invalid, that doesn’t void the whole agreement]

If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

Non-Enforcement – [getting away with something does not make it OK]

If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

Changes to This Agreement - [change happens - view this page to stay updated]

We reserve the right to modify this agreement at any time at our sole discretion. By continuing to use BuzzIt after we publish a change to these Terms of Use through BuzzIt.ca, you agree to be bound by those changes.

For your convenience, we will keep all versions of this agreement available through the BuzzIt.ca website.

Termination of This Agreement – [either you or we can decide to break up at any time]

You agree that we reserve the right to end this agreement at any time. If we choose to end this agreement, it will be by terminating your account and restricting your future access.

You also have the right to end this agreement at any time, and can do so from within your BuzzIt account by selecting “Permanently Delete My Account” within the settings section.You accept that if your account is terminated by either party, certain parts of your Content will remain public. This is for the benefit of the remaining community, and will generally be the case when your Content has become integrated with Content from other BuzzIt users. For example, if you were to delete your comments from an existing conversation, that conversation might be ruined for all other users.

You accept that if your account is terminated by either party, we will retain a single file that identifies you to us for a maximum of two (2) years, fully encrypted, out of use, and offline. We agree that this single file will only be opened in the event that we receive a valid court order, subpoena or search warrant related Content created by you.

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