# 1. ACCEPTANCE OF TERMS
Welcome to BuzApps.net. BuzApps.net provides its service to you, subject to the following Terms of Service which may be updated at any time without notice to you. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and BuzApps.net (respective owners, admins, partners, etc) (“we,” “us” or “our”), concerning your access to and use of the BuzApps.net website, mobile app, App Manager (https://apps.buzapps.net), services, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”, “Service”, and/or “Site/Service”). When using particular services provided by this website and/or related services on other websites (including staff, owners, employees, etc, subdomains, add-on domains, etc of BuzApps.net), you and BuzApps.net shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time (whether or not you a registered with the website). All such guidelines or rules are hereby incorporated by reference into the Terms Of Service. BuzApps.net may also offer other services that are governed by different Terms of Service. By accessing BuzApps.net and/or related services (hereinafter we, us, our), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use BuzApps.net or its services. We may change these at any time, it would be prudent to review this regularly yourself as your continued usage of BuzApps.net after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
# 2. DESCRIPTION OF SERVICE
BuzApps.net currently provides users with access to a substantial collection of resources, including, various communications tools, shopping services, forums, mobile app design, website design, online app design/builders, personalized content, software, mobile app development, website development, and branded programming through its network of properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements may be necessary for BuzApps.net to provide the Service. You also understand and agree that the service may include certain communications from BuzApps.net, such as service announcements, administrative messages, emails, phone calls, private messages, etc. and a BuzApps.net Newsletter, and that these communications are considered part of BuzApps.net. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BuzApps.net properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided “AS-IS” and that BuzApps.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that BuzApps.net has created certain areas on the Service that may contain adult or mature content. You must be at least 18 years of age to view such areas. This Service is not for children 13 years of age or younger. You must be at least 18 years of age to purchase any of the Service offered.
# 3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BuzApps.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BuzApps.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You agree that you cannot create more than one account on BuzApps.net. If you create more than one account on BuzApps.net, BuzApps.net has the right to suspend or terminate one, any, and/or all of your created accounts and to refuse any and all current or future use of the Service (or any portion thereof).
# 4. VISITOR/MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BuzApps.net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the Account Settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.
BuzApps.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BuzApps.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;
impersonate any person or entity, including, but not limited to, a BuzApps.net official, Forum leader, Moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
“stalk” or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that BuzApps.net may not pre-screen Content, but that BuzApps.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BuzApps.net and its designees shall have the right to remove any Content that violates the Terms Of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BuzApps.net or submitted to BuzApps.net, including without limitation information in BuzApps.net Message Boards (Forums), and in all other parts of the Service.
You acknowledge, consent and agree that BuzApps.net may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms Of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BuzApps.net, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by BuzApps.net and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
# 5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
# 6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
BuzApps.net does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BuzApps.net the following world-wide, royalty free and non-exclusive license(s).
Your name, user name, and your photo, if you decide to upload one, are displayed to the members and visitors of BuzApps.net. Once a member, you may provide additional information in the profile section, including but not limited to your bio, your location, as well as your personal web site, if you have one. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself and find new friends and opportunities on BuzApps.net.
With respect to text, photos graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than BuzApps.net, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or BuzApps.net removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than BuzApps.net, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the BuzApps.net network of properties that are intended by BuzApps.net to be available to the general public. By way of example, publicly accessible areas of the Service would include BuzApps.net Message Boards and portions of BuzApps.net that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of BuzApps.net that are limited to members, BuzApps.net services intended for private communication such as BuzApps.net Mail or BuzApps.net PM’s, or areas off of the BuzApps.net network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by BuzApps.net.
# 7. INDEMNITY
You agree to indemnify and hold BuzApps.net, and its subsidiaries, affiliates, officers, agents, owners, co-branders or other partners, and employees, etc, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms Of Service, or your violation of any rights of another.
# 8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BuzApps.net I.D. (username)), use of the Service, or access to the Service.
# 9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BuzApps.net may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BuzApps.net’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BuzApps.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BuzApps.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BuzApps.net reserves the right to modify these general practices and limits from time to time.
# 10. MODIFICATIONS TO SERVICE
BuzApps.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BuzApps.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
# 11. TERMINATION
You agree that BuzApps.net may, under certain circumstances and without prior notice, immediately terminate your BuzApps.net account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms Of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your BuzApps.net account includes (a) removal of access to all offerings within the Service, including but not limited to BuzApps.net Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Forum, Greetings, Alerts and Games, Web Pages, Classifieds, Photos, App Builders, Web Design, Music, App Manager, Push Notifications (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in BuzApps.net’s sole discretion and that BuzApps.net shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
# 12. DEALINGS WITH ADVERTISERS
In consideration for BuzApps.net granting you access to and use of the Services, you agree that BuzApps.net and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BuzApps.net 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 on the Service.
# 13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BuzApps.net has no control over such sites and resources, you acknowledge and agree that BuzApps.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BuzApps.net 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
# 14. BuzApps.net’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BuzApps.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
BuzApps.net grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BuzApps.net for use in accessing the Service.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.
# 15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. BuzApps.net expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
BuzApps.net makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, 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, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from BuzApps.net or through or from the service shall create any warranty not expressly stated in the terms of service.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service — dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
# 16. LIMITATION OF LIABILITY
You expressly understand and agree that BuzApps.net shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BuzApps.net has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. (vi) reactions, causes, actions, etc from posted text or media (videos, audio, etc), injury or damage sustained from the proper or improper use of actions performed or otherwise indicated in posted media, text, etc.
# 17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
# 18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
In reference to news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please note the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. BuzApps.net and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
# 19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms Of Service, there shall be no third party beneficiaries to this Agreement.
# 20. FREE MATERIALS/WEB PAGES/APPS/WEBSITES/PROFILE PAGES/PLACES/JOURNALS/PHOTOS/CLASSIFIED ADS/MUSIC/VIDEOS/ETC
We reserve the right to edit, add and/or remove any web page, mobile app, website, profile page, journal, and/or files that we provide to businesses, non-profit organizations, churches, groups, organizations and/or individuals. The web pages (and/or our websites) that we allow the said parties (businesses, non-profit organizations, churches, groups, organizations and/or individuals) to place their information (text, images, maps, files, etc.) to use to promote their information, products, services, etc. does not belong to the party. All items/files provided by the party will not be returned. We reserve the right to edit, add, and/or remove any web page, graphics, text, files, data, etc. without prior notice to the individual. In addition, we reserve the right to discontinue providing the service for free at any time. Unless specified in writing, any/all domains we register will remain the property of BuzApps.net.
At times we provide marketing materials free of charge to our customers. These items are not guaranteed to a customer and are offered while supplies last and/or our ability or willingness to continue offering the items (based on our discretion). We reserve the right to cancel offering the materials at any time and without notice.
The referenced content cannot be used for any unlawful act, to promote racism, adult (x-rated material) and/or to cause harm to other individuals or organizations as stated by law and/or listed in these Terms of Service. By posting (and/or providing us with the information to post on the web pages), the user attest that the information belongs to the said individual, group, organization, etc. Breaking these rules will result in the termination of the service that we provide.
# 21. CLASSIFIED ADS OR SIMILAR
We reserve the right to reject edit, add and/or remove any Classified Ads from the Classifieds sections (or similar sections) of our websites. We reserve the right to edit, add, and/or remove any Classified Ad without prior notice to the individual. In addition, we reserve the right to discontinue providing the service for free at any time. By placing a Classified Ad on one of our neighborhood websites and/or submitting an Ad to be placed, the submitting party attest that the Ad is for legal means and/or is legal under the law. The submitting party also attest that if an item is being sold, traded, etc, that the said item legally belongs to the said party and the said party is 18 years of age or older.
# 22. POSTING TO: FORUM/BULLETIN BOARD/MESSAGE BOARD/JOURNALS/GALLERY ETC
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where BuzApps.net is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that BuzApps.net have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, BuzApps.net shall not be held responsible for any hacking attempt that may lead to the data being compromised.
1. Posts are to be made in the relevant Forum and/or section of the website. Users are asked to read the Forum descriptions before posting. Users consistently posting to the wrong Forum may be given a warning.
2. Members should post in a way that is respectful of other users. Flaming or abusing users in any way will not be tole
rated and will lead to a warning and/or being banned from the website 3. Members should remember this website is aimed at a general audience. Posting pornographic or generally offensive text, images, links, etc. will not be tolerated and will lead to a warning and/or being banned.
4. Members are asked to respect the copyright of other users, sites, media, etc. Users linking to or asking for information on warez, crackz, etc. or re-printing material without permission will receive a warning and their post will be removed. The said member also risk being banned from the website.
5. Members are asked only to post in English to ensure adequate support/moderation is provided.
6. Members should post in a way which is consistent with “normal writing”. That is users should not post excessive numbers of emoticons, large, small or coloured text, etc. Similarly users should not SHOUT or use excessive punctuation (e.g. ! and ?) in topic titles or posts. Users consistently abusing this will be warned and/or banned.
7. Spam is not tolerated here under any circumstance. This includes offering hosting services (charged and free), installation services, solicitation etc. Recruiting members for your own projects (Moderators, designers, professional work, etc.) is not permitted and is also considered spam. Users posting spam will be warned and their post removed. The said users also risk being banend from the website. See specific item on spam and 3rd party linking for more information.
8. The moderating, support and other teams reserve the right to edit, remove or put on moderation queue any post at any time. The determination of what is construed as indecent, vulgar, spam, etc. as noted in these points is up to Team Members and not users.
9. The above website rules where applicable also apply to private messaging. Abuse of the private messaging system may lead to warnings (as above) and/or the revocation of private messaging.
# 23. AVATARS/PROFILE PICTURES
1. Users are permitted to utilise a gallery profile picture/avatar or to link to one of their own (subject to previous points on misuse of bandwidth). User defined profile pictures/avatars are to be no larger than 120 pixels square, contain no animation, contain no image which attempts to portray the user as having an official status at this website (e.g. mimicking ranks or copying profile pictures/avatars of team members), may not exceed filesize stated in your Profile Page Settings. Remote signature images must have a consistently high availability otherwise these will be removed. Limit on image filesize prevents detrimental effect on website page load speed.
2. Profile Pictures/Avatars are subject to the same conditions as posts with respect decency, and so forth.
3. Users abusing these rules will be warned, may lose their avatar privileges and/or being banned from the website.
# 24. POLICING
Users who feel they have been unfairly warned, etc. are welcome to contact the relevant team leader, e.g. if warned by a Moderator you should contact the Support team leader. If they feel you were treated badly they may remove a warning.
Any attempt to circumvent a temporary ban or other Support Team/Moderator action will lead to a permanent ban of your account(s). Circumvention includes re-registering or using an already registered account under a non-banned username. Other examples include changing IP addresses, using a new email account or other action that can be taken to evade Moderator action to hide your identity as the owner of the sanctioned account.
# 25. OUR POLICY TOWARDS CHILDREN
If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, and/or have any question or concerns, the said parent should contact us immediately so we can take the appropriate action.
#26. PUBLISHING APPS TO APP STORES
When utilizing our Service to publish your app to the Google Play Store and/or Apple App Store, we do not (and cannot) guarantee that your app will be accepted by the respective App Stores. The sole discretion of your mobile app being approved and published to the respective App Store (Apple App Store and/or Google Play Store) rest with the company that owns the respective App Store. If utilizing this service from us, it is up to you to provide the requested materials, information, etc that the respective App Store is requesting and in a timely manner. If your app is not approved by the respective App Store, we reserve the right to cancel our app publishing attempt(s).
If we published your app to one of our Developer Accounts with a respective App Store, we reserve the right to remove your app from our account at any time, and without notice at our discretion. Publishing your app to one of our Developer Accounts does not give you any rights or ownership to our account.
To have their app published to the Google Play Store (as of 08/23/17) or Apple App Store (as of 10/10/17) by us, each customer must have their own Google/Apple Developer Account. We no longer publish customer apps under our Google/Apple Developers Account. If you currently have an app published under our account, feel free to contact us if you would like to have your app removed and/or transferred to your own Developers Account.
# 27. “FREE” POSTINGS
Any topics, articles, etc listed as “free” are from various sources online, and/or made available to the general public. We can NOT guarantee the validity of any event, item, etc listed as “free” and/or the person that made the initial post available to the public. Furthermore, we are not responsible for the items listed, events, transactions, transportation, posted information and/or including circumstances occurring from said postings, events, and/or items.
# 28. PURCHASING APP RATINGS, DOWNLOADS, COMMENTS, ETC.
You agree not to purchase or illegitimately obtain app ratings, downloads, comments, etc. for your app that is utilized with our App Manager or part of our service. Doing so will result in the removal of your app from our Developer Account.
You should also note that Google/Apple considers it a violation of their terms of service for an owner of a Developer Account on their platform to purchase or illegitimately obtain app ratings, downloads, comments, etc. for their app, and will terminate the said account at their discretion.
# 29. PUSH NOTIFICATIONS
As part of our app design service, we may offer Push Notifications. Notifications should only be used in accordance with the intended purpose of the respective feature of the application. Abuse of the Push Notification service can result in termination of the Notification service or of your account. This also constitutes a breach of agreement. Abuse of the service will be handled on a case-by-case basis. Abuse is determined by our discretion and measured by the quantity of Notifications sent per the functions of the feature (and if the information being sent is appropriate per the respective app feature).
Push Notifications should not be used to violate any State or Federal or governmental laws, nor to promote or solicit inappropriate (disrespectful, unlawful, rude, vulgar, sexual, etc) behavior, and/or to “spam” app users with unsolicited offers, etc. We cannot guarantee that Notifications sent via our service are received by the recipient.
# 30. PROHIBITED ACTIVITIES
You may not access or use the Site/Service for any purpose other than that for which we make the Site available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site/Service, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or harm another person.
14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
#32. MOBILE APPLICATIONS
Apple and Android Devices
#33. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
#36. SITE MANAGEMENT
#37. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
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#38. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
#40. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
#41. MOBILE APPS/WEBSITES WE DESIGNED FOR YOU
Mobile apps and/or websites that we designed for you, your organization, event, etc. should not be used to violate any State or Federal or governmental laws, nor to promote or solicit inappropriate (disrespectful, unlawful, rude, vulgar, sexual, etc) behavior. Likewise, as the app/website admin (or owner if applicable), you are responsible for ensuring that your app users do not violate any State or Federal or governmental laws, nor promote or solicit inappropriate (disrespectful, unlawful, rude, vulgar, sexual, etc) behavior. Violating these terms are not tolerated and can result in the termination of your service with us, and at our discretion.
# 42. MISCELLANEOUS
# 43. OBJECTIONABLE CONTENT
Objectionable content is not allowed and will result in the user being banned from this app. Examples of objectionable content is content that most users would find to be offensive, upsetting, or inappropriate.
Some examples of objectionable content include:
* Defamatory commentary and hate speech about religion, gender, race and other targeted groups,
* Overly sexual material of an explicit nature,
* Portrayals of extreme violence or content that encourages violence,
* Bullying and harassment, and
* Illegal activities such as drug use and gambling
#44. APP HOSTING / MAINTENANCE / SUPPORT
We provide agreed upon stability maintenance, security, and hosting support for our app design customers. This covers support for your app if a feature/function no longer works, necessary security updates required by Google (Android) and/or Apple (iOS), and the hosting of core app function related files as deemed by us. The maintenance/support will be provided as time/resources permits, and/or within the posted support hours of operation. The terms and/or fee of this service can be changed by us at any time and without notice. This service does not cover day-to-day updates of the respective app, design changes, or the republication of the respective app unless agreed upon. We cannot and do not guarantee 100% up-time of app functionality and from time-to-time app functionality may be limited and/or not work as intended due to bugs, interruption in software/hardware, etc. Upon such occurrences we will do our best to restore the service.
#45. APP HOME PAGE DESIGN SERVICE
The app Home Page Designs are not Sib. or NW. (platform name abbreviated for trade secret reasons) Layouts. You do not install these the same way that you install a Sib. or NW. Layout. These designs will not appear in the “Layouts” section in the Admin Panel of your Sib. or NW. platform.
Refunds are provided if requested within 48 hours of purchase, if the purchased design does not function properly with the current versions of the Sib. platform. The product will be emailed to the email address used for the purchase within 12 hours of purchase.
Support is provided for installation of the Design but not for customization of the design outside of changing the default hyperlinks, in-app links, and/or default images.
#47. VIDEO ADS / PROMOTION VIDEOS
We do not create videos promoting political views, religious beliefs, customs, practices, etc. We reserve the right to decide which videos qualify as a religious or political view/belief.
The belief, opinion, practice, service, etc promoted by our video promotion services are not our belief, opinion, etc but are those held by the customer in which we are providing the service for.
#49. SUPPORT AND MAINTENANCE
A) Support Services. BuzApps.net will provide support services to Customer for the specific supported platforms designated in the Service and/or as agreed upon. Support services consist of: (a) answering questions regarding the installation and operation of the Service; (b) attempting to identify causes of suspected errors occurring on the Service; (c) addressing confirmed errors in the Service and (d) any additional support services that may be specified in the Service and/or as agreed upon. Unless otherwise mutually agreed in writing, BuzApps.net will have no obligation to provide on-site support services at Customer’s location.
B) Service Levels and Procedures. When the Customer notify BuzApps.net of a suspected error in the Service, BuzApps.net will use commercially reasonable efforts to reproduce such suspected error. If BuzApps.net identifies an error, it will use commercially, reasonable efforts to correct the error in a commercially reasonable and appropriate time-frame (as dictated by the nature of the error and/or as agreed upon by the Customer and BuzApps.net. If BuzApps.net cannot meet the service levels specified in a Service (or, in the absence of any specified service levels, correct the error within a reasonable time), Customer may as its exclusive remedy terminate the applicable Service by giving written notice to BuzApps.net 20 days prior to the termination date, whereupon BuzApps.net will promptly refund to Customer that portion of the fees paid under that Service for the then-current Subscription Term that is attributable to the Service on which the uncorrected error resides. This sets forth BuzApps.net’S entire liability (if any) to customer and customer’s exclusive remedy for any error.
C) Exclusions. BuzApps.net will have no obligation to correct Errors caused by: (a) improper installation of the Service; (b) any release, error correction or modification of the Service not made by BuzApps.net unless it is pre-approved in writing by BuzApps.net; (c) any version of the Supported Service running on any platform that is not supported by BuzApps.net. No support services will be provided for the Service if the Customer ceases payment hereunder.
D) Maintenance Support Services. If specified in the Service, BuzApps.net will provide maintenance services for the Service. Maintenance services consist of BuzApps.net providing Customer with error corrections, bug fixes and updates as are made available to the Service during the period in which Customer has purchased maintenance services under the Service. BuzApps.net does not promise or warrant that any minimum number of error corrections, bug fixes or updates will be made available during a particular time period. Maintenance services do not include provision of error corrections of software provided by third parties, other than those expressly specified in the Service.
E) Additional Charge Support Services. Should Customer request that BuzApps.net provide services in connection with problems (a) caused by the factors of the customer and/or that are otherwise beyond the scope of this Agreement (including, for example, providing assistance or other services in connection with a non-conformity that does not constitute an error), Customer will pay for such services that BuzApps.net agrees to perform on a time-and-materials basis at BuzApps.net’s then-current rates.
F) Customer Obligations. As a condition to BuzApps.net’s support and/or maintenance obligations under this Agreement, Customer must: (a) assist BuzApps.net in identifying and correcting errors; (b) execute reasonable diagnostic routines in accordance with instructions provided by BuzApps.net (and inform BuzApps.net of the results of such tests); (c) ensure that its designated Support coordinator(s) are sufficiently qualified and familiar with the Service and Customer systems so as to provide BuzApps.net with reasonable assistance in diagnosing and addressing errors.
G) Obtaining Support. When requesting mobile app and/or website Support, the Customer must open a Support Ticket on this website by clicking the Support link at the top of the BuzApps.net website.
#50. CANCELLING YOUR APP SUBSCRIPTION SERVICE
You can cancel your service with us at any time. Cancelling your App Service Subscription will result in you not being able to access your app, cancels updates/maintenance to your app, and you lose the ability to send Push Notifications via our service. Upon ending your App Service Subscription, we will provide you with the source files of your app.
Last Updated: 09/23/2023