(Please note that the headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.)
BuzzFile provides users with access to a rich collection of resources, including but not limited to, company and business information, other reference data, alerts, and a platform where users can individually and collaboratively post information, communicate and interact with other users. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the current Service are also subject to the TOU.
For purposes of this BuzzFile Site, "BuzzFile" means BuzzFile Media LLC, its subsidiaries, affiliates, divisions, contractors, successors, assigns and all of its and their information providers and suppliers.
The services, including all content, information, data, widgets, RSS feeds, alerts, and software applications, available on or through the BuzzFile Site ("Service") are the proprietary, copyrighted works of BuzzFile and comprise: (i) works of original authorship, including compiled information containing BuzzFile's selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; and (ii) trade secret and other confidential information.
BuzzFile provides the Service to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on the Site. Your continued use of the Service, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of the Service.
BuzzFile may change or discontinue any offering or feature on the BuzzFile Site at any time and without notice. You may use the BuzzFile Site only when and as available. BuzzFile reserves the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the BuzzFile Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your Postings from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect BuzzFile's license to your Postings as stated herein.
The BuzzFile Service is available to individuals who are at least 18 years old, or the legal age required to enter into a binding contract in your jurisdiction if that age is greater than 18. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. BuzzFile may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
BuzzFile grants you a personal, non-exclusive, non-transferable, revocable license to use the BuzzFile Site and Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the data included in the Service, in whole or in part. Furthermore, you may not use any information or data accessed, viewed, retrieved, downloaded or collected from the BuzzFile Site and Services to create, improve, change, or update other databases or websites which offer similar purposes and user platforms as BuzzFile, including but not limited to, any competitors of BuzzFile. You may download insubstantial portions of data for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, broadcast, circulation, dissemination or commercial exploitation of downloaded data will be permitted without the express permission of BuzzFile. In the event of any permitted copying, redistribution, or publication of data, no changes in or deletion of attribution, trademark legend, copyright notice, links or TOU shall be made. You acknowledge that you do not acquire any ownership rights by downloading any data or retrieving any form of information from the BuzzFile site.
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code or bypass or circumvent measures employed to prevent or limit access to any area, data or code of the BuzzFile Site, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Service. You may not access the Service by any means other than through the interface that is provided by BuzzFile; or (iii) use or permit the use of the Service to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (iv) use or permit the use of the Service for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; (v) access, tamper with, or use the Service or areas of the BuzzFile Site that you are not authorized to access. Furthermore, you may not use the Service in any manner that could damage, disable, overburden, or impair the Service (e.g., you may not access the Service in an automated manner by systematic access or extraction of data, or by use of "spiders", "robots", "scrapers" or otherwise), nor may you use the Services in any manner that could interfere with any other party's use and enjoyment of the Service. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Service. All commercial and/or unauthorized use of the Service is strictly prohibited. You agree not to use or resell the Service for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
BuzzFile prohibits the caching of the BuzzFile Site. BuzzFile retains the right to limit complete access to or the amount of access to the BuzzFile Site and Services. BuzzFile also retains the right to disable any unauthorized links or frames.
The Service remains at all times the sole property of BuzzFile, and its use is subject to the copyright and trademark notices that are found at the bottom of every page on the BuzzFile Site. All rights in the Services not expressly granted to you by BuzzFile under the TOU are retained by BuzzFile.
BuzzFile provides users the ability to post to and interact with the BuzzFile Site to inform, to promote knowledge exchange among BuzzFile users, and to create a more accurate, timely, relevant, convenient, and comprehensive Service that all users benefit from. Additionally, BuzzFile permits individuals to use the information provided by the Service to create unique and personal lists, displays, categories, or other means of organization desired by the user. These unique lists, displays, categories or other means of organization may be public or private and may be changed by other users and/or BuzzFile. You agree to uphold these objectives to the best of your ability when posting to the BuzzFile Site. By posting on the BuzzFile Site you represent and warrant that the Postings are true, timely, relevant and that you own or have express permission to post the materials on the BuzzFile Site and you agree to indemnify and hold BuzzFile harmless from all claims, costs and expenses (including legal expenses) arising out of any Postings posted or published by you that are in breach of this TOU and BuzzFile policies in general.
BuzzFile may permit you to post, submit, create, transmit, email, or otherwise make available business information, lists, categories, pictures, videos, links or other information (collectively, "Postings"). You may only submit Postings that you created or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to the BuzzFile Site, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, make derivative works, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known and otherwise use such Postings in any form. . By submitting Postings to the BuzzFile Site, you also grant other users of BuzzFile free permission to view and use your Content. BuzzFile owns all rights in any complication and collective works of content as organized, presented, and retained by BuzzFile. Users of the BuzzFile site, both those who actively submit Postings and those who utilize the Service and Postings of other users, are further prohibited from degrading, vandalizing, detracting, or further damaging the information provided by the Service or that which is created by other users.
Business owners may post, correct, or add to only the pages describing their specific business. Business owners may post additional information about their business including but not limited to links to their site or their social media pages, hours of operations, additional contacts, detailed products & services, logos, photographs or other relevant images, advertisements, coupons and promotions. If you, as the business owner, post advertisements, coupons, and promotions on the BuzzFile site, you represent and warrant that you have authority to offer and honor such advertisements, coupons, and promotions. Business owners are explicitly prohibited from posting or inducing others to post on the pages of other businesses in the same line of business or their competitors in anyway. Business owners are further explicitly prohibited from changing the information of other businesses for their own benefit, including but not limited to vandalizing or causing damage to the operations or reputation of other businesses or adding false content which misrepresents the services of other business to be something they are not. Business owners are further prohibited from misusing the Service or misrepresenting information solely to benefit the business owner including but not limited to listing their businesses in inappropriate lists, categories, locations, etc. so as to increase their businesses exposure Without limitation of other representations, warrants, and indemnities elsewhere within the TOU, you specifically agree to indemnify BuzzFile against any claims by users, businesses or entities of the Service that the terms of these advertisements, coupons or promotions offered were not honored or due to your act of Posting on or inducing others to post on pages of other businesses in the same line of business or your competitors.
You may not post, upload, submit, email, transmit, or otherwise make available any Postings that:
- are unlawful, obscene, defamatory, harmful, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, invasive of another's privacy, give rise to civil liability, violate any law (including but not limited to local, state, national, international), or are otherwise inappropriate;
- impersonate any person, business or entity on the BuzzFile Site or when communicating with BuzzFile employees, disguise the true origin of the Posting, or falsely state or otherwise misrepresent your affiliation with a person, business or entity;
- contain inside information, confidential information, proprietary information or any other information you do not have a right to transmit under law or through contractual or fiduciary relationships or that infringes on trade secrets, copyrights or patents of any party;
- violate the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, including but not limited to NYSE, NASDAQ and AMEX;
- contain falsehoods or misrepresentations that could damage any person, business, entity, BuzzFile or any other third party;
- contains viruses, adware, spyware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or network or telecommunications equipment;
- disrupt, harm or Interfere with BuzzFile, the BuzzFile Site, the Service or networks connected to the Service or access or attempt to access any unauthorized, password protected or otherwise secure areas of the BuzzFile Site, Service or network;
- harvest, collect or store personal information of any user, business or entity or otherwise invade their privacy;
- contain advertising, promotions, or other forms of solicitation including chain letters and pyramid schemes;
- contain any unsolicited email, text messages, instant messages or other bulk communication (Spam), or facilitate in any way the sending of unsolicited bulk communications to any BuzzFile user, business or entity;
- violate, or induce or allow others to violate the TOU.
You acknowledge that BuzzFile is not obligated to pre-screen content submitted by users, businesses or entities but that BuzzFile shall have the right (but not the obligation) in their sole discretion to refuse or remove any Posting that is made available on the BuzzFile Site or Service by any user that violates the TOU or is otherwise objectionable. You further acknowledge that Postings that violate the TOU, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to that your conduct on the BuzzFile Site will at all times comply with the TOU.
BuzzFile may offer an optional fee-based service for verified and registered business users to have certain additional features and extra services. A credit card will be required to sign up for such services when and if they become available on the BuzzFile Site. All requests to become a premium business user is subject to approval by BuzzFile, which in its sole discretion may reject any such user for any reason.
Any such fees paid to BuzzFile for premium services will be non-refundable. You may reserve your right to cancel your subscription to such premium access at any time, effective after your subscription term has ended (monthly or annually). If you cancel your subscription at any time, you agree that BuzzFile retains sole discretion in refunding any portion of the subscription fee, if at all.
Premium service users agree to pay the applicable fees and charges for such service. BuzzFile may limit the number of promotions for which you may be eligible in a given period. You are required to provide BuzzFile with accurate billing and payment information and to keep this information up to date for continued receipt of such premium service. You agree that any submission you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.
You have the sole responsibility in notifying BuzzFile for any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
BuzzFile may include advertisements on the Service, which are necessary for BuzzFile to provide all or portions of the Service to its users free of charge. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Service, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all company and product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that BuzzFile shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Service.
Users of the Site will be liable for any damage to BuzzFile reputation or relationship with advertising partners due to their intentional and malicious misuse of such features of the Site. Users may click only ads of interest to them and are prohibited from spamming or using advertising links on the BuzzFile Site in any inappropriate manner. Users may not use software or robots to strip the advertisements from the Site, hide them from the public, change their appearance or location, or degrade them in any other manner. Such use of the Site will be considered a violation of this TOU and legal action will be taken against users who violate this provision of the TOU, where applicable.
Anyone linking to the Service must comply with the following guidelines and all applicable laws: A site that links to the Service (i) may link to but not replicate the Service's content; (ii) should not frame or create a browser or border environment around the Service's content; (iii) should not imply that BuzzFile is endorsing it or its products; (iv) should not misrepresent its relationship with BuzzFile or any Service; (v) should not present false information about BuzzFile or any Service; (iv) should not use any BuzzFile trademarks, trade names, or logos without permission from BuzzFile; and (vi) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.
WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICE. ADDITIONALLY, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. BUZZFILE AND ITS INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.
BUZZFILE AND ITS INFORMATION PROVIDERS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NEITHER WE, NOR OUR INFORMATION PROVIDERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF THE SERVICE. THE SERVICE MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SERVICES.
YOU SHOULD NOT USE THE SERVICE FOR EMERGENCY PURPOSES OR AS A SUBSTITUTE FOR MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE ENTIRE RISK FOR USE OF THE SERVICE IS BORNE BY YOU.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD PERMISSIBLE UNDER APPLICABLE LAW.
NONE OF THE INFORMATION PROVIDERS, LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE SERVICE IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR INFORMATION PROVIDERS, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR INFORMATION PROVIDERS, LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SERVICE AND/OR ANY MATERIAL LINKED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES WILL BUZZFILE, OR BUZZFILE'S INFORMATION PROVIDERS, LICENSORS', DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID BAZZFILE FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.
You agree to indemnify and hold BuzzFile, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Service, (ii) your use of or reliance on the Service, (iii) your connection to the Service, (iv) your violation of the TOU, or (v) your violation of any rights of another party.
The BuzzFile.com and other Service names, trademarks and logos are trademarks of BuzzFile or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of BuzzFile. The trademarks, logos, and service marks not owned on behalf of BuzzFile and that are displayed on the Service are the registered or unregistered marks of their respective owners. No rights are granted by BuzzFile to use such marks, whether by implication, estoppel, or otherwise.
The TOU and the relationship between you and BuzzFile shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and BuzzFile agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in New York, New York.
If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English.
If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Services, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.
The TOU constitute the entire agreement between you and BuzzFile and govern your use of the Service, superseding any prior agreements between you and BuzzFile. Please note, however, that some Services may have additional or different terms related specifically to such Service only ("Service Terms"). The Service Terms are in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOU may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for BuzzFile, we can stop providing all or part of the Services associated with BuzzFile to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or stop your access of this site. In all such cases, this TOU may still be applicable.