BUZZHAWKER SERVICE USER AGREEMENT
ACCEPTANCE OF USER AGREEMENT
- You agree to accept all the clauses of User Agreement, by registering for and /or using the services in any manner, including but not limited to visiting or browsing the site. You also agree to abide by all other operating rules, procedures etc that may be published from time to time on the site.
- This user agreement applies to all users of the Services, including without limitation users who are contributors of content, information, and other materials or services, registered or otherwise.
- Use of this website shall in all respects be governed by the laws of India, regardless of the laws that might be applicable under principles of conflicts of law. The parties irrevocably agree that the courts of Bhopal, Madhya Pradesh, India shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this terms and conditions.
- The disputes if any between the interested parties shall be dealt under the Arbitration & Conciliation Act 1996. The appointment of the arbitrator shall be done exclusively by the management of the Buzzhawker and you shall have no objection to the appointment of the arbitrator. The decision of the sole arbitrator shall be final and binding on both the parties.
You should be at least 18 years of age for using the site. If you are under age 18, you may not, under any circumstances use the Services. This site is not targeted to nor meant for anyone who has not reached 18 years of age. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
The right to access the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
Further, the Services are offered only for your personal use, and not for the use or benefit of any third party.
You may register to open an account with us or log in using your Facebook login information. It is not necessary to register for reading and viewing the content at our site. However, you would be required to register for an account for posting of any article on any pre-defined subject on the Site. You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use username or name of another person with the intention to impersonate that person; (ii) use a username or name subject to any rights of a person other than you without appropriate authorization; or (iii) use, a username or name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity on your Account, and you are required to take all steps to secure your account password. You may never use any other user account or registration information without permission. You must notify us immediately of any change. You shall have the choice or option to delete your account, either directly or through a request made to the site administrator.
For purposes of this User Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting there from. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
The Content specifically provided by us, our partners or our users on our site is protected by copyrights, trademarks etc. You shall abide by all copyright notices, information, and restrictions contained in any content accessed at our site. The trademarks, logos, trade names displayed on the Site are Trademarks of BH and its third party partners. Nothing contained on the BH Site shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the BH Site without the written permission of Buzzhawker.com or such third party that may own the Trademark.
Any unauthorized commercial use of the Content will be dealt according to Indian laws.
Subject to this User Agreement, we grant each user of our website a non-exclusive, revocable, non-transferable license to view, print, download, and display locally Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than the purpose of using the Services is completely prohibited without prior written permission. You shall make commercial use of any Content or in any way that violates any third party right.
You hereby agree to provide us exclusive rights for the content submitted by our services. You hereby accord your consent for, perpetual, royalty-free, fully paid, transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and even after your termination of your Account or the Services. The scope also includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, including after your termination of your Account or the Services. The foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to ensure that Buzzhawker can use the User Content that you are licensing in any way.
Unless prohibited by applicable law, upon request from BH you shall provide additional rights as and when asked for. Unless otherwise agreed upon in writing by you and Buzzhawker, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the Content.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
We shall exploit the possibility of earning through advertisements or marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
- infringes any patent, trademark, trade secret, copyright, the right of publicity or another right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright).
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party or
- Includes anyone’s identification documents or sensitive financial information.
Our Services may allow you to link to other websites, services or resources on the Internet, including our sponsors and Facebook, and other websites. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content and its legality or any other aspect of such websites or resources. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please inform us. We will act appropriately in the best interest of users. It shall not be construed any relation with us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice and alternatively, you may also terminate your account as per your wish.
You acknowledge that we have neither any control nor duty to take any action regarding the users using our Services, the content being assessed and interpretation of the content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services. Except where such disclaimer of liability is prohibited by applicable law, we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, agents, contractors, officers, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
IN NO EVENT SHALL WE NOR OUR AFFILIATES, NOR OUR OR THEIR RESPECTIVE PROPRIETORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this User Agreement periodically for changes. Your continued use of the Services following notification of any changes to this User Agreement constitutes acceptance of those changes.
This User Agreement is the entire agreement between you and us with respect to the Services, including the use of the Site. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
This User Agreement is personal to you and is not assignable, transferable or sub licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent through registered Email. You may contact us at email@example.com.
BUZZHAWKER, DMCA COPYRIGHT POLICY
HOW IS COPYRIGHT INFRINGEMENT HANDLED?
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:
It is Company’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user, that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that Company will terminate such content providers, member’s or user’s access to the service.
PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material 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 material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at copyright firstname.lastname@example.org