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903
The Site provides an interactive online service operated by HellBuzz, Inc. on the World Wide Web of the Internet (the “Web”), consisting of information services, content.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of HellBuzz, and HellBuzz shall not be responsible for any data lost while transmitting information on the Internet. While it is HellBuzz’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of HellBuzz, access to the Site may be interrupted, suspended or terminated from time to time.
HellBuzz shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, HellBuzz may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
HellBuzz may change, suspend or discontinue the Services including any content (including, but not limited to text, user comments, messages, data, information, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips) for any reason, at any time, including the availability of any feature or content. HellBuzz may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
HellBuzz reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If HellBuzz makes any substantial changes, we will notify you by posting an announcement on the Site. You are responsible for reviewing and becoming familiar with any modifications. Use of the Services after such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. HellBuzz shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without HellBuzz’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in HellBuzz’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with HellBuzz.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of HellBuzz, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
You may not (a) select or use as a HellBuzz User Name a name of another person with the intent to impersonate that person; (b) use as a HellBuzz User Name a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a HellBuzz User Name a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a HellBuzz User Name at our discretion; if you select a User Name for your account we reserve the right to remove or reclaim it if we believe it infringes upon another’s rights or marks. You are responsible for maintaining the confidentiality of your HellBuzz password. Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are under 13 years old, do not attempt to register or use the Services. Mass or serial account creation: while there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by HellBuzz. We respect other people’s rights and we expect you to do the same. By way of example, and not as a limitation, you agree not to use the Services:
In addition, you agree that you will not use the Service (including, without limitation by “VOTE-ing” any content) on behalf of (or per the request or instruction of) any third party, or pay or otherwise attempt to influence any third to manipulate or otherwise affect the site in any manner (including, without limitation, by paying any other user to “HellBuzz” any content). HellBuzz may remove any content and HellBuzz accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Terms of Use abuse, please email: support@HellBuzz.com
Everything located on or in this Site, including the Microsites, is the exclusive property of HellBuzz, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF HellBuzz, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
By creating and posting content to HellBuzz, you warrant that you own all rights to the content, agree that the content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the content by HellBuzz in any context. To clarify, the above does not apply to the content on external sites linked to by the original submission.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. HellBuzz owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of HellBuzz or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with HellBuzz shall not be deemed to be in the public domain but rather the exclusive property of HellBuzz, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of HellBuzz unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. HellBuzz does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted HellBuzz the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants HellBuzz the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of HellBuzz, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
HellBuzz reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to HellBuzz by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide HellBuzz with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for HellBuzz’s Copyright Agent for notice of claims of copyright infringement is as follows:
HellBuzz Sp. z o.o.
support@HellBuzz.com
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER HellBuzz, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. HellBuzz HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL HellBuzz, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL HellBuzz’S LIABILITY IN CONNECTION WITH A HellBuzz EXCEED THE AMOUNTS PAID FOR SUCH HellBuzz, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
HellBuzz shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by HellBuzz, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, HellBuzz shall have the right, but not the obligation, to remove any material that HellBuzz, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. HellBuzz does not control or endorse the content, messages or information found in any Community, and, therefore, HellBuzz specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to HellBuzz (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by HellBuzz as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Microsite, End User grants HellBuzz the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see HellBuzz’s Privacy Policy.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to HellBuzz a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless HellBuzz, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases HellBuzz from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
HellBuzz may terminate this Agreement at any time. Without limiting the foregoing, HellBuzz shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which HellBuzz, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.
HellBuzz is a trademark of HellBuzz, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on HellBuzz are the property of their respective owners.
HellBuzz, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, HellBuzz has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of HellBuzz.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with HellBuzz. HellBuzz neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on HellBuzz by anyone other than authorized HellBuzz employee spokespersons while acting in official capacities. Under no circumstances will HellBuzz be liable for any loss or damage caused by an end user’s reliance on information obtained through HellBuzz. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through HellBuzz.
HellBuzz contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by HellBuzz of the contents on such third-party sites, and HellBuzz hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with HellBuzz expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. HellBuzz reserves the right to revoke its consent to any link at any time in its sole discretion. If End User post link in comment to third-party websites, HellBuzz may change or delete it.
All payments by Credit Cards and PayPal are operated by Dotpay.eu. The ordered coins and functionalities will be assigned to End user after payment confirmation from Dotpay.eu will be sent to HellBuzz.com. End user will receive as well confirmation email. End User needs to complete all transaction' steps at Dotpay.eu site and then come back to HellBuzz.com. HellBuzz may cancel purchased coins and functionalities if Dotpay.eu will cancel payment (even if payment was previously accepted).
End user may not return or exchange purchased coins or functionalities. HellBuzz will not accept any kind of reimbursement. If number of coins is high enough, end user may obtain certain functionalities on the website. If he already has them, he will not get anything else, only purchased coins.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for HellBuzz established by HellBuzz, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against HellBuzz arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and HellBuzz; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or HellBuzz’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HellBuzz will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor HellBuzz shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.