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.
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.
(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: 1068 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.
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.
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.