Terms & Conditions
ACCEPTANCE OF TERMS
Buzzoola is an online platform for distribution and promotion of multimedia content, which exclusive rights, Buzzoola trademark, and website belong to Buzzoola Inc., and which exclusive distributor is Allfreda Limited. Depending on the context, Buzzoola means Buzzoola Inc., which owns the exclusive rights to Buzzoola, Buzzoola trademark, and website, and/or Allfreda Limited, which is the exclusive distributor of Buzzoola.
Campaign is an event to promote your multimedia or multimedia of your customers.
Content (multimedia content, multimedia materials) is video and audio materials downloaded by you to Buzzoola for promotion within Buzzoola service for advertisers.
Advertiser is you, a person or entity wishing to use Buzzoola service for advertisers, having registered in Buzzoola as an advertiser and having provided the Content for promoting in Campaigns.
Buzzoola Service (Service) is online Buzzoola service for promoting of Content of Advertiser on the websites participating in Buzzoola Partnership Program.
Buzzoola Partnership Program (Partnership Program) is a paid Buzzoola service for promoting of Content by Buzzoola partners.
Welcome to Buzzoola.
This Terms and Conditions shall regulate the cooperation between you (Advertiser) and Buzzoola. By using the Service you signify your irrevocable acceptance of this Terms and Conditions.
Description of service
- The Service allows Advertisers to promote Content with the possibility to set the required parameters of the target audience and the number of necessary views, and provides the ability to collect detailed statistics and analysis of Campaign.
- The Service collects and stores all the views and actions performed in the player.
- Use of the Service is based on Advertiser’s use of intellectual property — Buzzoola (part of which is also Buzzoola player and constantly updated database of Buzzoola partners).
- In order to use the Service, you must obtain direct access to the World Wide Web (Internet). In addition, you must provide all equipment necessary for such access.
- Use of the Service is possible only if you register in Buzzoola. You register in Buzzoola yourself, create your login (among possible) and password.
- To start Campaign you need, using Buzzoola interface, to download Content to Buzzoola and select the Content for which the Campaign will be launched, to determine the target audience and the number of required views, as well as the desired start date of the Campaign, and to pay the Campaign.
- View is considered to be paid in Buzzoola if a unique visitor began viewing the Content (clip), and the visitor is on the territory specified in the parameters of the Campaign. The visitor is considered a unique one if for a day the visitor did not view the Content as a part of the Campaign. Buzzoola considers views of the Content by the same visitor on various websites as multiple views.
- The Campaigns’ results are displayed in Advertiser’s profile as reports.
- You understand and agree that while using the Service you may receive certain communications from Buzzoola, such as service announcements, administrative messages and Buzzoola newsletter, and that these communications are considered a part of Buzzoola membership.
Fees and payment
- The Service is rendered for a fee. The fee (royalty) is charged for the license to use the Service as a part of Buzzoola.
- Royalty is charged for the duration of use of the Service. You pay royalty each time before starting the Campaign.
- Royalty rate is calculated based on the number of specified views of the Content, and set parameters of the target audience, and is displayed in Buzzoola interface.
- You can use any possible payment methods in Buzzoola interface.
- Upon receipt of valid claims at firstname.lastname@example.org Buzzoola may refund you the paid fee within 30 (thirty) days.
- Buzzoola reserves the right at any time to change the rate of the royalty. You can see it in Buzzoola interface while calculating the royalty before launching the next new Campaign.
- You are responsible for maintaining the confidentiality of your Buzzoola account and password, and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify Buzzoola of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You understand and agree that Buzzoola cannot and will not be liable of any loss or damage arising from your failure to comply with this section.
- You have the right to stop using the Service with 10 (ten) business day notice before the proposed termination to email@example.com. After processing the application, the account will be deleted. In such a case Buzzoola will carry through all your running and paid Campaigns. Royalties paid are non-refundable.
Liabilities of advertiser
- You agree to:
- use the Service only in respect of such Content for which you have the rights to use that Content in such a way;
- not upload, post, transmit or otherwise make available any Content that is unlawful, threatening, harmful, abusive, obscene, invasive of another’s privacy (including, but not limited to, any address, e-mail, phone number, or any other contact information without the consent of the owner of such information), racially, ethnically, or otherwise objectionable;
- not upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements);
- not upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or any other proprietary rights of any party;
- not upload, post or otherwise transmit any materials that contain software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- not interfere with or disrupt the Buzzoola services or servers or networks connected to Buzzoola, or disobey any requirements, procedures, policies or regulations of networks connected to Buzzoola;
- intentionally or unintentionally not violate any active local legislation, applicable state, national or international law and any regulations having the force of law;
- not promote or provide instructional information about illegal activities, not promote physical harm or injury against any group or individual, or not promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs and other weapons or incendiary devices;
- not to post Content of any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorization, or © Buzzoola determines, in its sole discretion, is inappropriate for posting through the Service.
- Buzzoola reserves the right to limit the download of Content that violates this Terms and Conditions.
- You agree not to access the Service with any other means other than through Buzzoola interface used for access to the Service.
- You agree to:
You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside or use Buzzoola.
You agree to indemnify, defend, and hold harmless Buzzoola and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, investors, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to your violation of this Terms and Conditions, or your violation of any rights of another. Advertiser is solely responsible for his or her actions when using the Service.
Resale of program
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Buzzoola, and not to use Buzzoola without it official permission.
General practices regarding use
You acknowledge and agree that Buzzoola may establish general practices and limits concerning use of Buzzoola and may modify such practices and limits from time to time.
Modifications of program
Buzzoola reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Buzzoola (or any portion thereof) with or without notice at any time. You acknowledge and agree that Buzzoola shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Buzzoola or the Service.
- You acknowledge and agree that Buzzoola, the Service and any necessary software used in connection with it, and any analytical data derived therefrom («Data») contain proprietary and confidential information of Buzzoola that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Buzzoola retains all right, title and interest in and to Buzzoola, the Service and Data.
- Except as otherwise provided herein or as expressly authorized in writing by Buzzoola, you agree not to modify, retrieve, save, rent, copy, lease, loan, sell, distribute or create derivative works based on Buzzoola, the Service, Data, or the software, in whole or in part.
- By accepting this Terms and Conditions, you agree that you receive an international non-exclusive fee-based license for the right to use the Service as a part of Buzzoola. The license is granted without the right to grant sublicenses by you and transfer of the rights to third parties. The license is valid for the lifetime of your account in Buzzoola system and ceases to have effect from the date of deletion of your account.
- In order to implement and exclusively for functions of the Service while accepting this Terms and Conditions you grant an international non-exclusive royalty-free license to Buzzoola for presentation, modification, adaptation and publishing of your Content with the right to transfer the rights to present and promote your Content to third parties. This license is valid for the lifetime of your account in Buzzoola system.
- Buzzoola does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Buzzoola representative, any materials, information or idea you transmit to Buzzoola by any means, may be disseminated or used by Buzzoola without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.
Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN «AS IS» BASIS. BUZZOOLA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OF THE SERVICE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BUZZOOLA WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, BUZZOOLA IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION OR CONTENT, INACCURACY OF DATA USED FOR ADVERTISING DECISIONS, RESTRICTION OR LOSS OF ACCESS OR CHANGES TO YOUR BUZZOOLA ACCOUNT, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE IN BUZZOOLA. BUZZOOLA DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM BUZZOOLA OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS AND CONDITIONS.
Limitation of liability
AS A PERSON WHO POSTED MULTIMEDIA IN BUZZOOLA.COM AND (OR) HTTPS://MY.BUZZOOLA.COM IS RESPONSIBLE FOR THEM, BUZZOOLA SHALL NOT BE LIABLE (i) FOR INFRINGEMENT OF COPYRIGHT AND (OR) THIRD PARTY RIGHTS FOR MULTIMEDIA TO BE DISTRIBUTED, (ii) FOR THE USE OF MULTIMEDIA TO BE DISTRIBUTED, WITHOUT THE CONSENT OF THEIR OWNER, (iii) FOR THE CONTENTS OF MULTIMEDIA TO BE DISTRIBUTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUZZOOLA SHALL NOT BE LIABLE 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 TANGIBLE LOSSES (EVEN IF BUZZOOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
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 XII, XIII AND XIV MAY NOT APPLY TO YOU.
- This Terms and Conditions, and any addenda are exhaustive and constitute the entire agreement between you and Buzzoola and govern your use of Buzzoola and the Service, superseding any prior agreements between you and Buzzoola (including, but not limited to, any prior versions of the Terms and Conditions).
- Buzzoola reserves the right change the Terms and Conditions from time to time without your notice or consent for such changes.
- The failure of Buzzoola to exercise or enforce any right or provision of this Terms and Conditions shall not constitute a waiver of such right or provision.
- If any provision of the Terms and Conditions, or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the parties should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Buzzoola, the Service or the Terms and Conditions must be filed within 1 (one) year after such claim or cause of action arose or be forever barred.
- The section titles in this Terms and Conditions are for convenience only and have no legal or contractual effect.