These Terms of Service are effective from 1 December 2014
Buzz Muster is an online service that allows you to send employee polls to team members, and collate their responses for analytical study. The Service consolidates and tracks your information on https://www.buzzmuster.com.
The Service is provided to you by Buzz Muster without advice. It is not intended to provide legal or financial advice.
“Agreement” means these Terms of Service.
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” means any data inputted by You or with Your authority into the Website, or data acquired via your authorisation (including your transaction information).
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service” means the services described and provided by the https://www.buzzmuster.com Website, whether accessed directly, or through third party applications.
“Website” means the Internet site at the domain https://www.buzzmuster.com or any other site operated by Buzz Muster.
“User” means the registered user for the Service, and, where the context permits, includes any entity on whose behalf that person registers to use this Service.
“You” means the Ordinary User and / or Subscriber, where the context permits. “Your” has a corresponding meaning.
PRIVACY AND YOUR INFORMATION
YOUR REGISTRATION INFORMATION
You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login email address, allows you to access the Service. That Login and password, together with any other information you provide at signup form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Buzz Muster immediately email@example.com.
YOUR USE OF THE SERVICE
Your right to access and use Buzz Muster and the Service is personal to you and is not transferable by you to any other person or entity. You must access and use Buzz Muster, the Website and the Service for lawful purposes and in accordance with these Terms and Conditions.
Accurate records enable Buzz Muster to provide the highest level of service to you. You must provide true, accurate, current and complete information in our “add account” setup forms, and you must not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of Buzz Muster may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Buzz Muster or other actions that we elect to take.
You also agree that Buzz Muster may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Buzz Muster a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Buzz Muster in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Buzz Muster reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms and Conditions; (b) where we conclude that your conduct impacts on our name or reputation; or(c) where we conclude that your conduct violates our rights or those of another party.
You acknowledge that Buzz Muster may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and/or the Service and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
USE OF BUZZ MUSTER WITH OTHER DEVICES
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. TO THE EXTENT PERMITTED BY LAW, Buzz Muster MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
ONLINE, EMAIL AND MOBILE ALERTS
Buzz Muster may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Buzz Muster account, such as a change in your Registration Information.
These alerts provide you with alert messages for your accounts. Buzz Muster may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options within your user settings.
Electronic alerts will be sent to the email address you have provided as your primary email address for Buzz Muster. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.
Because alerts are not encrypted, we will never include your unique third-party identification information. However, alerts may include information about your accounts, depending upon which alerts you select.
RIGHTS YOU GRANT US
By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to Buzz Muster through the Service, you are licensing that content to Buzz Muster solely for the purpose of providing the Service. Buzz Muster may use and store the content, but only to provide the Service to you. By submitting this content to Buzz Muster, you represent that you are entitled to submit it to Buzz Muster for use for this purpose, without any obligation by Buzz Muster to pay any fees or other limitations.
Unless specific exclusion is requested and agreed upon, you hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your company name, company logo, and any comments you make publicly for promotional purposes (such as on our websites) concerning your use of our services in our communications materials (website, presentations, etc.).
INTELLECTUAL PROPERTY RIGHTS
All intellectual property in relation to the Website, the Service and the content on the Website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics comprised in the Website) (“Intellectual Property”) belongs to Buzz Muster or its licensors, advertisers or affiliates.
Buzz Muster retains all right, title, and interest in and to the Website and all related content and Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.
You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.
You may [download] and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
The contents of Buzz Muster belong or are licensed to Buzz Muster or its software or content suppliers. Buzz Muster grants you the right to view and use https://www.buzzmuster.com subject to these terms. You may download or print a copy of information provided on https://www.buzzmuster.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Buzz Muster in whole or in part for any other purpose is expressly prohibited without our prior written consent.
ACCESS TO THE INTERFACE
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Buzz Muster or any portion of Buzz Muster or the Service, without Buzz Muster’s express written consent, which may be withheld in Buzz Muster’s sole discretion;
Interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
Collect or store personal data about other users of the Website;
Impersonate or falsely represent your association with any person or organization;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Buzz Muster, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
Post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Buzz Muster or the Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Buzz Muster or the Service.
Furthermore, Buzz Muster does not warrant that functions contained in the Website and Service, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Buzz Muster or our hosting server, are free of viruses or bugs.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Buzz Muster, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Buzz Muster limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).
You specifically acknowledge that Buzz Muster shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by Buzz Muster from its facilities and makes no representations that the Service is appropriate or available for in any locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Buzz Muster, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Service.
ABILITY TO ACCEPT THIS AGREEMENT
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
We provide these Terms with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Buzz Muster without restriction.