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BUZZ MY CARD.COM ON-LINE STANDARD TERMS AND CONDITIONS.
BUZZ MY CARD LLP is a partnership registered in the UK.
Company Number: OC351270
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING YOUR DETAILS WITH BUZZ MY CARD. PARTICIPATION IN THE BUZZ MY CARD ONLINE PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE BUZZ MY CARD ONLINE PROGRAM.
INTRODUCTION.
This agreement ("Agreement") between You and BUZZ MY CARD.COM.
("Buzz My Card") consists of these Buzz My Card.com Online Program (the "Program") Standard Terms and Conditions ("Terms and Conditions").
"You" or "Publisher" means any entity identified in an enrolment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
MISCELLANEOUS.
This Agreement shall be governed by the laws of England and Wales, except for its conflicts of laws principles.
Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Cardiff Wales.
The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by Buzz My Card.
The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of Your rights hereunder.
Any such attempt may result in termination of this Agreement, without liability to Buzz My Card.
Notwithstanding the foregoing, Buzz My Card may assign this Agreement to any affiliate at any time without notice.
The relationship between Buzz My Card and You is not one of a legal partnership relationship, but is one of independent contractors.
PROGRAM PARTICIPATION.
Participation in the Program is subject to Buzz My Card prior approval and Your continued compliance with the Terms and Conditions located at http://www.buzzmycard.com, or such other URL as Buzz My Card may provide from time to time.
Buzz My Card reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least 18 years of age and agree that Buzz My Card may serve third party and/or Buzz My Card provided advertisements collectively, "Ads"),
PARTIES' RESPONSIBILITIES.
You are solely responsible for the content and adherence to the terms of this Agreement, including compliance with the Program Policies.
NO GUARANTEE.
buzzmycard.com makes no guarantee regarding the level of number of impressions of on any Ad, the timing of delivery of such impressions and/or clicks.
LIMITATIONS OF LIABILITY; FORCE MAJEURE.
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE PROGRAM, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) buzzmycard.com AGGREGATE LIABILITY TO PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY buzzmycard.com TO PUBLISHER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.
PUBLICITY
You agree that buzzmycard.com may use Your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results. If You wish to use buzzmycard.com's trade names, trademarks, service marks, logos, and domain names, You may do so, so long as such use is in compliance with this Agreement.
REPRESENTATIONS AND WARRANTIES.
You represent and warrant that (a) all of the information provided by You to buzzmycard.com to enrol in the Program is correct and current; (b) You are the owner of each Site or that You are legally authorized to act on behalf of the owner of such Site(s) for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. You further represent and warrant that each Site and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.
YOUR OBLIGATION TO INDEMNIFY.
You agree to indemnify, defend and hold buzzmycard.com, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement.
BUZZMYCARD.COM RIGHTS.
You acknowledge that buzzmycard.com owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including buzzmycard.com's search technology, referral technology, and Brand Features, and excluding items licensed by buzzmycard.com from third parties), and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any buzzmycard.com services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter buzzmycard.com's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any buzzmycard.com services, software, or documentation (including without limitation the display of buzzmycard.coms Brand Features with Ads, Links, Search Boxes, Search Results, and/or Search Buttons, as applicable). "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
ACCOUNT TRANSFERABILITY
Members accounts are not transferable, assignable or resalable in connection with the sale of your advertisement or otherwise. For example, when a member decides to cancel membership, the prior owner or manager must cancel the membership account and the new owner or manager may sign up for a new membership in his or her own name.
MEMBERSHIP REFUSAL
We reserve the right to refuse membership at our discretion.
COPYRIGHTED MATERIAL
Members take full responsibility for any infringement of intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.
in their ads. Members must ensure they have the permission of the copyright owner before placing any ads.
SITE CONTENT
Advertisements may not include:
Excessive profanity
Violence, racial intolerance, or advocate against any individual, group, or organsation
Hacking/cracking content
Illicit drugs and drug paraphernalia
Pornography, adult, or mature content
Gambling or casino-related content
Excessive advertising
Any other content that promotes illegal activity or infringes on the legal rights of others
Excessive, repetitive, or irrelevant keywords in the content or code of web pages
Incentives (monetary or point-based) to users or third-party beneficiaries for online activity including, but not limited to, clicking on ads or links, performing searches, surfing websites, reading emails, or completing surveys
Sales or promotion of certain weapons, such as firearms, ammunition, balisongs, butterfly knives, and brass knuckles
Sales or promotion of tobacco or tobacco-related products
Sales or promotion of prescription drugs
Sales or promotion of products that are replicas or imitations of designer goods
PASSWORD PROTECTION
Customer is responsible for protecting passwords and for any authorized or unauthorized use
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