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Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY BUZZAR.TV. ("BUZZAR"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.BUZZAR.TV (THE "SITE") AND THE SERVICE OWNED AND OPERATED BY BUZZAR (COLLECTIVELY WITH THE SITE, THE "SERVICE"). BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

Description of "Buzzar" services

"Buzzar" is a recommendation platform which assists registered Users in recommending brands using "Buzzar" features. It is a neutral online space to collect and showcase succinct consumer stories about a person’s individually most-loved, most emotional consumer experience(s) about brands. Buzzar welcomes the submission of passionate nominations or comments, however it reserves the right to reject or request resubmission of nominations or comments that do not meet the general guidelines. A personal note or comment can be added by the registered User. In principle, the use of "Buzzar" services is free of charge for the User. The "Buzzar" service is offered solely with the information and feature set available at the time of registration. This feature set can be modified at any time without prior notice. In particular, Buzzar reserves the right to make any reasonable modification to "Buzzar" services, or to discontinue the service in part or whole. Such modifications do not entitle the User to any claims against Buzzar. No warrantee is made for the availability, functionality or appropriateness of "Buzzar" services for a specific purpose.

The Program is designed to reward Groupon Members that conduct certain transactions through the Buzzar website at www.buzzar.in (the "Site"). Members are awarded certain points ("Points") that they can redeem for certain items, such as merchandise, online deals in accordance with these Terms.

Eligibility to Participate.

Only individuals are eligible to participate in the Program. Groups, corporations, associations or other legal entities are not eligible. Each Member may maintain only one account under the Program. Duplicate accounts will be subject to cancellation. Only the Member named on the account will be entitled to Points issued on that account.

Determination of Points.

Each Qualifying Activity will result in the award of a certain number of Points as specified by Buzzar. The number of points will typically be displayed on the Site prior to your engaging in the Qualifying Activity. The specified Points will be added to the account of the Member that engaged in the Qualifying Activity.

All Points are subject to review and verification by Buzzar. Buzzar reserves the right to withhold or delay the award of Points until it has confirmed or cleared the transaction constituting the Qualifying Activity. Buzzar reserves the right, at its sole discretion, to adjust a Member's account status due to computer error, machine malfunction, employee, customer or other error, fraud or other misuse of the Points or the Program. All decisions of Buzzar with respect to the issuance, deduction, adjustment or use of Points shall be final and binding on all Members.

Buzzar further reserves the right to deduct Points already awarded if it discovers in its sole discretion that the Qualifying Activity was invalid, fraudulent or did not comply with Buzzar policies and procedures.

Accrued Points do not constitute the property of any Member. Points are not transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law. Points accrued in a Member's account shall be maintained in that account until it is redeemed for an award or until it expires, whichever occurs first.

ALL POINTS EXPIRE IN A MEMBER ACCOUNT TWELVE (12) MONTHS FROM THE DATE OF LAST QUALIFYING ACTIVITY FOR THAT ACCOUNT.

Redemption.

A Member may redeem Points for gift certificates, merchandise, and other items as specified in the Buzzar Rewards Marketplace. The procedures for redeeming Points are set forth at the Marketplace.

Your account balance of Points is adjusted as Points are earned and redeemed. Points cannot be redeemed for cash, are not transferable and have no face value. Points may only be redeemed for purchases and other items on www.buzzar.tv

Responsible for content

As a rule, all recommendations, comments, information and other contents published in connection with "Buzzar" services are not created by Buzzar but by third parties, who bear all responsibility for the contents and truthfulness of the contents. Buzzar shall not bear any responsibility for the quality, completeness, and topicality of recommendations, comments, information and other third-party contents linked directly or indirectly (i.e. via a URL) using "Buzzar" services, nor shall the Company guarantee such contents are free of errors. Information thus published is intended solely as general information. Buzzar does not endorse the nominations or comments submitted by contributors in relation to any particular brand, product, service, person or place. Neither the publication of a submission nor its inclusion in the popularity list should be read as an endorsement of any particular brand. The submissions reflect the views and opinions of their individual authors and are their sole and direct responsibility. Under no circumstances will Buzzar be liable or responsible, directly or indirectly, for the content of any submissions. 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 Buzzar, and Buzzar shall not be responsible for any data lost while transmitting information on the Internet. While it is Buzzar’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 Buzzar, access to the Site may be interrupted, suspended or terminated from time to time.

Recording and determination of rewards

Points are provided to users according to the number of recommendations and the user shall receive a success-based reward from the brand. Buzzar records which registered User has won the reward and will be informed via e-mail. The User’s right to the reward shall only be present given that there is no evidence of misuse or the entry of incorrect or untruthful data.

ACCEPTANCE OF TERMS.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use"), which terms also incorporates Buzzar’s Privacy Policy, Buzzar's Copyright Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Buzzar, each of which is incorporated by reference and each of which may be updated by Buzzar from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Buzzar from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Buzzar may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

MODIFICATION OF TERMS OF USE.

Buzzar reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (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 an email. Buzzar may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Buzzar or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgur, pornographic, offensive, profane, or otherwise inappropriate as determined by Buzzar in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • involves commercial activities and/or sales without Buzzar’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • 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 Buzzar or any third party; or
  • impersonates any person or entity, including any employee or representative of Buzzar.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Buzzar in its sole discretion) an unreasonable or disproportionately large load on Buzzar’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Buzzar may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Buzzar does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Buzzar has no obligation to monitor the Site, Service, Content, or User Submissions. However, Buzzar reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service 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 Buzzar is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Registration.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Buzzar and select a password and screen name ("User ID"). You shall provide Buzzar with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Buzzar account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Buzzar.tv reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Buzzar password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Buzzar in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Buzzar's control, and you acknowledge that Buzzar is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Buzzar or any association with its operators. You further acknowledge and agree that Buzzar 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.

Content and License.

You agree that the Service contains Content specifically provided by Buzzar or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Buzzar grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Buzzar, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

User Submissions.

The Service provides you with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, written forum comments, data, text, graphics, or other media assets to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:

  • acknowledge that you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
  • hereby do and shall grant Buzzar a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Buzzar’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Buzzar does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant, and can demonstrate to Buzzar’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Buzzar and all users of the Service;
  • agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
  • represent and warrant that the use or other exploitation of such User Submissions by Buzzar and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
  • understand that Buzzar shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Buzzar will not be liable for any errors or omissions in any content; and that Buzzar cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Buzzar does not endorse and has no control over any User Submission. Buzzar cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Termination.

Buzzar may terminate your access to all or any part of the Service and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER.

Buzzar has no special relationship with or fiduciary duty to you. You acknowledge that Buzzar has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Buzzar from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Buzzar makes no representations concerning any Content contained in or accessed through the Site, and Buzzar will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

THE SERVICE AND ADD-TO LINK ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND IS 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. BUZZAR, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BUZZAR MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Buzzar will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Buzzar’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification.

You shall defend, indemnify, and hold harmless Buzzar, its affiliates and each of its, and its affiliates employees, contractors, 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 Site, Service, Content, Add-to Link or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Buzzar reserves 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 Buzzar in asserting any available defenses.

Limitation of Liability.

IN NO EVENT SHALL BUZZAR, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE OR ADD-TO LINK (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, 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).

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Buzzar agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of India. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability.

The Terms of Use are the entire agreement between you and Buzzar with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Buzzar with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

Buzzar shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Buzzar’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Buzzar's prior written consent. Buzzar may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Contact.

You may contact Buzzar at the following address: info@buzzar.tv

Effective Date: September 10th, 2010