Privacy & Terms
Effective Date: May 7, 2013
These terms and conditions are effective immediately for those registering accounts after May 1, 2013, and will become effective May 2, 2013, for those with pre-existing accounts. Previous terms are available, by clicking here.
If we make material changes to these Terms, we will notify you by email or by posting a notice on the Website prior to the effective date of the changes.
"you" and "your" refer to you, as a user of the Website.
A "user" is someone who accesses, browses, or in any way uses the Website.
"we," "us," and "our" refer to ReviewBuzz.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
"Your Content" means Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, compliments, messages, and information that you publicly display or displayed in your account profile.
"User Content" means Content that users submit or transmit to, through, or in connection with the Website.
"ReviewBuzz Content" means Content that we create and make available in connection with the Website.
"Third Party Content" means Content that originates from parties other than ReviewBuzz or its users, which is made available in connection with the Website.
"Website Content" means all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and ReviewBuzz Content.
2. Intended Audience. This Website is intended for adults only. This Website is not intended for anyone under the age of 18. If you are under 18, you are not authorized to use this Website. Your account may be terminated if we believe you are under the age of 18.
3. Permission to Use the Website. We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. ReviewBuzz grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Any use not authorized hereunder, must be separately authorized in writing. You agree not to copy materials on the site, reverse engineer or break into the Website, or use Content, products or services in violation of any law. The use of this Website is at our discretion and we may terminate your use of this Website at any time.
4. Availability of Website. The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
6. Communications from ReviewBuzz and other Users. By creating an account, you agree to receive certain communications in connection with the Website. You can opt-out of non-essential communications within your account settings.
7. Your Content. You are responsible for Your Content. Once Your Content published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may expose yourself to liability by posting Content that you are not authorized to post.
8. Use of Your Content by ReviewBuzz. You authorize us to use your Content, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, distributing it, promoting it, and allowing others to do the same in connection with their own Websites and media platforms. By using this Website, you hereby irrevocably grant us world-wide, royalty-free, perpetual, non-exclusive, assignable, sub-licensable, transferable license to use Your Content for any purpose; such uses may include, but not are not limited to the right to republish, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. You also irrevocably grant the users of the Website and any other media the right to access Your Content in connection with their use of the Website and any other media. You irrevocably waive, and cause to be waived, against ReviewBuzz and its users any claims and assertions of moral rights or attribution with respect to Your Content.
9. Ownership. As between you and ReviewBuzz, you own Your Content. We own the ReviewBuzz Content, including but not limited to images, visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the ReviewBuzz Content and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the ReviewBuzz Content in whole or in part except as expressly authorized by us. Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the ReviewBuzz Content are retained by us.
10. Advertising. ReviewBuzz and its licensees may publicly display advertisements and other information adjacent to or included with Your Content, for which you are not entitled to any compensation.
11. Links to Third Party Websites and Use of Third Party Software. This Website may contain links to websites controlled by parties other than ReviewBuzz (the "Third Party Websites"). ReviewBuzz is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Websites or any website accessed from a Third Party Website, or any changes or updates to such websites. ReviewBuzz is not responsible for webcasting or any other form of transmission received from any Third Party Website. ReviewBuzz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ReviewBuzz of the Third Party Website. You acknowledge that you bear all risks associated with access to and use of content or services provided on Third Party Websites and agree that ReviewBuzz is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Website if you have any concerns regarding such links or the content located on a Third Party Website. Some of the services made available through the Website may be subject to additional third party or open source licensing terms and disclosures.
12. Other Users. We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion. User Content (including any that may have been created by users employed or contracted by ReviewBuzz) does not necessarily reflect the opinion of ReviewBuzz. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates these Terms. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
13. Conduct. ReviewBuzz encourages open exchange of ideas among users through the use of our Website features. In order to further this open exchange, you agree to use the Website only for lawful purposes. You further agree not to use or allow others to use your account to engage in any of the following:
Writing a defamatory or fictitious review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
Posting or transmitting any 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;
Posting or transmitting any Content that you do not have a right to transmit under the law or under contractual relationships;
Violating any applicable law or regulation;
Impersonating any person, or misrepresenting your relationship or affiliation to a person or entity, or manipulating identifiers or other information for the purpose of disguising the origin of any transmission, or using the account, username or password of another member.
Using any means, including but not limited to robots, scripts, agents, spiders to access, monitor or harvest any information from any part of the Website;
Any action that damages or disrupts the Website or function of the Website or services provided through the Website;
Harassing or advocating the harassment of another person;
Transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
Promoting information known by you to be false, misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promoting an illegal or unauthorized copy of another person's copyrighted work;
Transmitting Content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displaying pornographic material or sexually explicit material of any kind;
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users; or recording, processing, or mining information about other users;
Commercial activities, advertising, and/or sales without prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
Accessing the Website through any means other than the interfaces provided for use in the Website. Reverse engineer any portion of the Website;
Removing or modifying any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
Accessing, retrieving or indexing any portion of the Website for purposes of constructing or populating a searchable database of business reviews;
Reformatting or framing any portion of the Website;
Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on ReviewBuzz's technology infrastructure or otherwise make excessive traffic demands of the Website;
Attempting to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
Using the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
Using any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
Using the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; or
Any unauthorized access to the Website is a breach of these Terms and may be a violation of the law. Additionally, we reserve the right at any time, without prior notice and at its sole discretion to terminate any account, remove any post or comment, or take any action for violating the above rules of conduct or causing any disruption to the Website or services provided thereby.
You agree not to provide your password or other login information to any other person and to notify ReviewBuzz by emailing email@example.com of any known or suspected unauthorized use of your login information. You should remember to sign out or log off of the Website when you are not using the services. We recommend that you close the session window, particularly if you are accessing the Website from a public computer.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is ReviewBuzz, who can be reached as follows:
By Mail: 1064 La Mirada Ct., Vista, CA 92081
By Phone: 1-760-407-8080
By e-mail: firstname.lastname@example.org
Similarly, if you create a business owner's account on the Website or purchase advertising from ReviewBuzz, the terms of the paid subscription as set forth in the applicable Purchase Order will apply. In the event of any conflict between the ReviewBuzz Purchase Order and these Terms, the ReviewBuzz preprinted terms of the Purchase Order will prevail.
16. Feedback. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against ReviewBuzz and its users any claims and assertions of any moral rights contained in such Feedback.
17. Indemnity. You agree to indemnify, defend, and hold ReviewBuzz, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "ReviewBuzz Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Website, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Website, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. ReviewBuzz reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of ReviewBuzz. ReviewBuzz will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. Disclaimers and Limitations Of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE REVIEWBUZZ ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE REVIEWBUZZ ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THE REVIEWBUZZ ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE CONTENT. ACCORDINGLY, THE REVIEWBUZZ ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE WEBSITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE.
THE REVIEWBUZZ ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE WEBSITE OR THE WEBSITE'S USERS. ACCORDINGLY, THE REVIEWBUZZ ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS OR OTHER USERS LISTED OR FEATURED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
THE REVIEWBUZZ ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE REVIEWBUZZ ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.
THE REVIEWBUZZ ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE WEBSITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE REVIEWBUZZ ENTITIES IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE REVIEWBUZZ ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
19. Governing Law & Venue. California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and ReviewBuzz (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN DIEGO COUNTY, CALIFORNIA.
We may close your account, suspend your ability to use certain portions of the Website, and/or ban you altogether from the Website for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Website, Your Content, Website Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 7-21 will continue in full force and effect, including our right to use Your Content as detailed in Section 7.
21. General. We reserve the right to modify, update, or discontinue the Website at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Website. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms contain the entire agreement between you and us regarding the use of the Website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Any failure on ReviewBuzz's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. ReviewBuzz and its collaborators and affiliates cannot be held responsible for any delay or malfunction brought about directly or indirectly by causes outside the control of ReviewBuzz. This includes, but is not limited to: malfunctioning of ReviewBuzz technical equipment, broken connection to Internet or telephone lines, computer viruses, unauthorized access to ReviewBuzz system, operation errors, strike etc. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with ReviewBuzz's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect.