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 BUZZOOLA TECHNOLOGIES (CYPRUS) LIMITED. Depending on the context, Buzzoola means Buzzoola Inc., which owns the exclusive rights of Buzzoola, Buzzoola trademark, and website, and/or BUZZOOLA TECHNOLOGIES (CYPRUS) LIMITED which is the exclusive distributor of Buzzoola.
Campaign is an event to distribute our customers’ multimedia with fixed fee and necessary amount of views.
Content (multimedia content, multimedia materials) is video and audio materials posted by Buzzoola customers in Buzzoola for distribution by Buzzoola means.
Publisher is you, a person wishing to participate in Buzzoola service for publishers, having registered his or her internet-platform(s) in Buzzoola Affiliate Program and having agreed to distribute the Content for fee.
Buzzoola Affiliate Program (Affiliate Program) is Buzzoola service for distribution of Content by Buzzoola Publishers for fee.
Welcome to Buzzoola
This Terms and Conditions shall regulate the cooperation between you (the Publisher) and Buzzoola. By using the Affiliate Program you signify your irrevocable acceptance of this Terms and Conditions.
DESCRIPTION OF SERVICE
- The Affiliate Program allows Publishers to post Content on his or her internet-platform and to be remunerated with a fee by Buzzoola.
- To participate in the Affiliate Program you need to meet the following requirements:
- You need to have your internet-platform (website, forum, blog, page in the social network, etc.).
- Your internet-platform needs to participate in one of independent statistics services (e.g. liveinternet.ru).
- In order to participate in the Affiliate Program, 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 Affiliate Program is possible only if you register in Buzzoola. You register in Buzzoola yourself, create your login (among possible) and password.
- In order to take part in Campaigns and start to be remunerated with a fee you need to log in to your personal account at https://pub.buzzoola.com, select any Campaign available in Buzzoola interface and follow instructions to post the Content of the Campaign on your internet-platform.
- You also understand and agree that while using the Affiliate Program 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
- Content is distributed for a fee paid in favour of the Publisher.
- Amount of the fee is determined by each individual Campaign. Buzzoola determines the fee for one (1) view and the number of views required for the particular multimedia content within each individual Campaign. Amount of the fee for one (1) view and the number of views required is specified on the Publisher’s personal account next to each individual Content.
- The Publisher obtains a fee if Buzzoola multimedia content (one or more videos) was viewed on the basis of the following conditions.
The Publisher’s internet-platform has been viewed by a unique visitor during a day.
The visitor is considered to be unique if he or she has not previously viewed this multimedia content on the Publisher’s internet-platform. In order to determine the visitor’s uniqueness Buzzoola may among other things use the visitor’s IP-addresses, Buzzoola cookies in its browser.
WITHIN INDIVIDUAL CAMPAIGNS THE VIEW SHALL BE PAID ONLY IF WITHOUT LIMITATION IT HAS BEEN MADE FROM A PARTICULAR GEOGRAPHICAL LOCATION (COUNTRY, REGION).
THE PUBLISHER SHALL OBTAIN A FEE ONLY FOR THOSE VIEWS WHICH HAVE BEEN MADE WITHIN THE CAMPAIGN BEING CARRIED OUT. THE VIEWS MADE BY THE END OF THE CAMPAIGN SHALL BE CONSIDERED IN THE PUBLISHER’S STATISTICS BUT SHALL NOT BE REMUNERATED WITH A FEE.
IN CASE OF THE PUBLISHER’S ATTEMPT OF CHURNING OF THE VIEWS (EITHER MANUALLY OF BY SOFTWARE) BUZZOOLA RESERVES THE RIGHT TO CANCEL VIEWS WITHIN THE CAMPAIGN AND TO ISSUE A WARNING TOWARDS THE PUBLISHER WITH THE EMAIL NOTIFICATION. AFTER SECOND WARNING THE PUBLISHER’S SITES SHALL BE SET TO «LOCK» STATUS FOR ONE (1) MONTH AND SHALL NOT PARTICIPATE IN THE AFFILIATE PROGRAM.
- The Publisher is remunerated with a fee in the amount that was fixed for viewing specific Content at the time of viewing this Content by a unique user.
- The Publisher is remunerated with a fee within ten (10) calendar days following the reporting month. Upon the Publisher’s request and as agreed by the parties the fee may be paid before the specified period.
- Minimum amount of the fee is one hundred (100) Russian rubles in Webmoney and one thousand (1,000) Russian rubles in Yandex. Money (Яндекс. Деньги).
- The fees are paid according to the bank requisites specified in the Publisher’s personal account within the Affiliate Program.
THE PUBLISHER’S DUTY SHALL BE TO PROVIDE PAYMENT DETAILS CORRECTLY AND IN ADVANCE. BUZZOOLA SHALL NOT BE RESPONSIBLE IF THE PUBLISHER FAILED TO OBTAIN THE FEE AS THE PAYMENT DETAILS SPECIFIED NOT CORRECTLY OR IF THE FEE HAS NOT BEEN TRANSFERRED TO THE PUBLISHER WITHIN THE TIME STIPULATED BY THIS TERMS ANS CONDITIONS BECAUSE THE PUBLISHER FAILED TO SPECIFY HIS OR HER PAYMENT DETAILS AT THE TIME OF THE FEE PAYMENT.
- Buzzoola reserves the right to limit the maximum number of views per one internet-platform for a period depending on daily or monthly visits of the PUBLISHER’s internet-platform.
- You are responsible for maintaining the confidentiality of your Buzzoola account and password personally and are 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 Affiliate Program with 10 (ten) business days notice before the proposed termination to firstname.lastname@example.org. After processing the application, the account will be deleted and you will be remunerated with the fee due to you.
LIABILITIES OF THE PUBLISHER
- At the time of participation in the Affiliate Program, you should avoid having on your internet-platform 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 provided without the consent of the owner of such information); racially, ethnically, or otherwise objectionable;
- At the time of participation in the Affiliate Program the PUBLISHER’s internet-platform should not be used to upload, post or otherwise transmit any content that the Publisher does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information obtained as part of employment relationships or under nondisclosure agreements), as well as any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or any other proprietary rights of any party;
- The Publisher’s internet-platform should not be used to 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;
- On his or her internet-platform the Publisher should not promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual; promote any act of cruelty to animals (this may also include, without limitation, providing instructions on how to assemble bombs and other weapons or incendiary devices);
- At the time of using the Affiliate Program the Publisher’s internet-platform should meet applicable norms of federal, national or local law.
- You agree not to access the Affiliate Program with any other means other than through Buzzoola interfaces used for access to the Affiliate Program.
- In case your internet-platform is located in social networks (forums, blogs, etc.) you are subject to additional conditions:
- In addition to this Terms and Conditions you agree and assure to meet terms and conditions of such resources;
- Placing Content shall be permitted only via interface of the Affiliate Program, strictly following instructions of interface of the Affiliate Program. Otherwise, the placement may be incorrect and shows will not be counted.
- It is prohibited to edit the Content, it may only be added or removed.
- You may not remove the Content posted before the end of reconciliation with the social network statistics.
You agree to comply with all local legal rules regarding online conduct and acceptable content. Specifically, you agree to observe 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 Publishers, investors, and employees, from any claim or demand, including reasonable advocating charges incurred by any third party due to your violation of this Terms and Conditions or your violation of any rights of another. The Publisher is solely responsible for his or her actions when using the Affiliate Program.
RESALE OF THE 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 TO THE PROGRAM
Buzzoola reserves the right at any time and from time to time to modify or discontinue Buzzoola (or any portion thereof), temporarily or permanently 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 Affiliate Program.
- You acknowledge and agree that Buzzoola, the Affiliate Program and any necessary software used in connection with them, 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 Affiliate Program 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 Affiliate Program, Data, or the software, in whole or in part.
- Buzzoola provides you with non-exclusive worldwide free license to publish, playback and distribute the Content only via Buzzoola media player. The license is valid only within the definite Campaign and only concerning the definite Content with regard to which the Campaign has been launched.
- Buzzoola does not want to receive confidential or proprietary information from you through the Affiliate Program or by email. Unless otherwise agreed in writing by an authorized Buzzoola representative, any materials, information or ideas you transmit to Buzzoola by any means may be distributed 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 AFFILIATE PROGRAM IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN «AS IT IS» BASIS. BUZZOOLA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED 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 AFFILIATE PROGRAM, 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 SOLUTIONS, 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 AFFILIATE PROGRAM OR OTHER INTERACTION WITH THE AFFILIATE PROGRAM. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE IN BUZZOOLA. BUZZOOLA DOES NOT WARRANT THAT (i) THE AFFILIATE PROGRAM WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE AFFILIATE PROGRAM 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 AND THE AFFILIATE PROGRAM SHALL CREATE ANY WARRANTY IF THAT IS 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 IS NOT LIABLE (i) FOR INFRINGEMENT OF COPYRIGHT AND (OR) THIRD PARTIES’ 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 AFFILIATE PROGRAM; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY CONCERNING BUZZOOLA OR THE AFFILIATE PROGRAM; OR (iv) ANY OTHER MATTER RELATING TO THE AFFILIATE PROGRAM.
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 as well as any amendments hereto are exhaustive and constitute the entire agreement between you and Buzzoola and govern your use of Buzzoola and the Affiliate Program, 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 to 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 the 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 Affiliate Program or this Terms and Conditions must be filed within one (1) 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.