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This buzzback Internet Web Site Agreement (the “Agreement”) is between you and buzzback, Inc. (“buzzback”), with its principal place of business at 200 Park Avenue South, New York, NY 10003. Use of buzzback, including, but not limited to the buzzback Web Site and all software and documentation relating thereto, together with all components thereof (collectively “buzzback Web Site”) signifies your agreement to the terms and conditions of use set forth below in this Agreement. Use of the buzzback Web Site may include, but is not limited to, your participating in the buzzback Research Process or Panel:
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE BUZZBACK WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this buzzback Web Site.
(2) Unless otherwise noted, all buzzback surveys are by invitation only and individuals may participate only once in each buzzback survey to which they are invited. Unless otherwise noted, participants who do not receive invitations directly from buzzback or from a company contracted by buzzback to issue email invitations are not eligible for compensation if any is offered. Individuals who attempt to participate in a survey twice are not eligible for compensation if any is offered. Unless otherwise noted, only one person per household may participate in each buzzback survey. Unless otherwise noted compensation will be in the form of a check made payable to the survey participant and sent to the address submitted to buzzback by the participant at the end of the survey.
(4) The buzzback Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the buzzback Web Site are only for your personal, non-commercial use. All materials contained on the buzzback Web Site are protected by copyright, and are owned or controlled by buzzback or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the buzzback Web Site. Copying, storing, printing and/or downloading of any Content is expressly prohibited without the written permission from buzzback or the copyright holder identified in the individual Contents copyright notice.
(5) Buzzback may change, suspend, or discontinue any aspect of the buzzback Web Site at any time, including the availability of any buzzback Web Site feature, database, or Content. Buzzback may also impose limits on certain features and services or restrict your access to parts or all of the buzzback Web Site without notice or liability.
(6) The following policy governs the use of the buzzback Web Site by you. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the buzzback Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the buzzback Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of facts; and (b) that you are at least thirteen (13) years old.
(7) You hereby agree to indemnify, defend and hold buzzback, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Buzzback reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of buzzback.
(8) The buzzback Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the buzzback Web Site. Links to and from the buzzback Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by buzzback or any of its subsidiaries or affiliates of any third party resources, or their contents.
(9) Buzzback does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the buzzback Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Buzzback reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the buzzback Web Site.
(10) Buzzback does not and cannot review all materials posted to the buzzback Web Site by users, and buzzback is not responsible for any such materials posted by users. However, buzzback reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in buzzback’s sole discretion are objectionable or in violation of this Agreement.
(11) THE BUZZBACK WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE BUZZBACK WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BUZZBACK AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE BUZZBACK WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE BUZZBACK WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE BUZZBACK WEB SITE OR ANY LINKED SITE. FURTHER, BUZZBACK AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUZZBACK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BUZZBACK WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BUZZBACK WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUZZBACK AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE BUZZBACK WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT SHALL BUZZBACK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BUZZBACK WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BUZZBACK WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BUZZBACK WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BUZZBACK WEB SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUZZBACK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BUZZBACK WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BUZZBACKWEB SITE.
(13) You acknowledge that transmissions to and from this buzzback Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to buzzback, no confidential, fiduciary, contractually implied or other relationship is created between you and buzzback pursuant to this Agreement.
(14) Buzzback reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the buzzback Web Site. Continued use of buzzback after such postings shall be deemed an acceptance by you to be bound by the terms of the modified Agreement.
(15) This Agreement constitutes the entire agreement between buzzback and you with respect to your use of the buzzback Web Site. Any cause of action you may have with respect to your use of the buzzback Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement is governed by the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of the courts in New York County, New York, in all disputes arising out of or relating to the buzzback Web Site. This Agreement shall be binding upon and inure to the benefit of any buzzback successor companies or assigns.