TERMS OF SERVICE AND USE POLICIES - NOVEMBER 20, 2014
PhotonBuzz.com reserves the right to change or modify these Terms at any time and in its sole discretion. If PhotonBuzz.com makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Site or updating the date at the top of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.
If you have any questions regarding the use of the Site, please refer other sections of the Site they be address your questions. All other questions or comments about the Site or their contents may be directed to customer service by calling (888) 684-1123 or emailing us at E-mail: email@example.com.
TABLE OF CONTENTS FOR TERMS OF SERVICE AND USE FOR ALL SITE USERS
2. Eligibility, Registration and Account
3. Ownership of Site Content
4. Repeat Infringer Policy; Copyright Complaints
7. User Content and Interactive Features or Content Areas
8. Rights in User Content and Feedback
9. Product Reviews
10. User Conduct on the Site
11. No Third-Party Beneficiaries
14. Limitation of Liability
15. Modifications to the Site
16. Applicable Law and Venue
2. ELIGIBILITY, REGISTRATION AND ACCOUNT
The PhotonBuzz.com Site is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Site. In addition, you may not make a purchase from our Site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Site; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password if applicable and accept all risks of unauthorized access to your account and the information you provide to PhotonBuzz.com; and (d) promptly notify PhotonBuzz.com if you discover or otherwise suspect any security breaches related to the Site.
3. OWNERSHIP OF SITE CONTENT
Unless otherwise indicated on our Site, the Site and all content and materials therein, including but not limited to the PhotonBuzz logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of 2Rego, LLC dba PhotonBuzz.com or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Site or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Site and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Site, the Site Content or any information contained therein, except as expressly permitted on the Site or pursuant to separate terms; or (g) any use of the Site or the Site Content other than for its intended purpose. Any other use of the Site or the Site Content, without the prior written permission of PhotonBuzz.com, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, PhotonBuzz.com has adopted a policy of terminating, in appropriate circumstances and in PhotonBuzz’s sole discretion, account holders who are deemed to be repeat infringers. PhotonBuzz may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement to the address as set forth below:
ATTN: PhotonBuzz.com Copyright Complaints
380 Chowning Place
Lancaster, PA 17601
Please see 17 U.S.C. §512(c) (3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.
"PhotonBuzz,” the PhotonBuzz logo and other PhotonBuzz.com product or service names, logos or slogans that may appear on the Site are trademarks or registered trademarks of 2Rego, LLC and/or PhotonBuzz.com and may not be copied, imitated or used, in whole or in part, without the prior written permission of PhotonBuzz.com or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "PhotonBuzz" or any other name, trademark or product or service name of PhotonBuzz without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PhotonBuzz and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by PhotonBuzz.com.
If you believe that anything on the Site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c) (3)).
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray PhotonBuzz.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PhotonBuzz.com logo or other proprietary graphic of PhotonBuzz.com to link to the Site without the express written permission of 2Rego, LLC and/or Photonbuzz.com. Further, you may not use, frame or utilize framing techniques to enclose any Photonbuzz trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without PhotonBuzz’s express written consent.
PhotonBuzz.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of PhotonBuzz.com and PhotonBuzz.com is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PhotonBuzz.com provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by PhotonBuzz.com of any site or any information contained therein. When you leave the PhotonBuzz.com Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
7. USER CONTENT AND INTERACTIVE FEATURES OR CONTENT AREAS.
The Site may include discussion forums, blogs, profiles, product reviews, comments or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Site ("User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your PhotonBuzz.com account information (also known as "Your PhotonBuzz Online Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to PhotonBuzz.com or any user or consumer or that is contrary to any instructions or warnings relating to the product;
• User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
• User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
• User Content that does not clearly and prominently disclose any material connections you may have to PhotonBuzz.com or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
• User Content that, in the sole judgment of PhotonBuzz.com, restricts or inhibits any other person from using or enjoying the Site or which may expose PhotonBuzz.com or its users to any harm or liability of any type.
PhotonBuzz.com takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is PhotonBuzz.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. At the same time, PhotonBuzz.com encourages its users to report User Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Site or, for content that infringes copyright or trademark rights, by following the instructions in Sections 4 and 5 of these Terms). Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by such Terms. Although PhotonBuzz.com has no obligation to screen, edit or monitor any of the User Content posted on the Site, PhotonBuzz.com reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.
8. RIGHTS IN USER CONTENT AND FEEDBACK
Where applicable and except as otherwise provided PhotonBuzz.com, on the Site or in a separate agreement (such as the rules of a PhotonBuzz photo context), PhotonBuzz claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant 2Rego, LLC and/or PhotonBuzz.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to PhotonBuzz at the time you upload your content. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to PhotonBuzz.com that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Site, do not and will not violate these Terms, or any other applicable PhotonBuzz terms, guidelines or policies or any applicable law, rule or regulation.
Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Site, PhotonBuzz.com or PhotonBuzz’s products or services that are provided by you, whether by email, posting to the Site or otherwise ("Feedback"), are non-confidential and shall become the sole property of PhotonBuzz.com. Photonbuzz shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
9. PRODUCT REVIEWS
10. USER CONDUCT ON THE SITE
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree to abide by any Site rules and not to:
• Use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
• Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Site for the purposes of sending spam;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
• Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
• Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• Use or attempt to use another's account without authorization from PhotonBuzz;
• Attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Develop any third-party applications that interact with User Content and our Site; or
• "Frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
PhotonBuzz.com is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is PhotonBuzz.com responsible or liable for any associated loss, damage, injury or harm. Although PhotonBuzz has no obligation to monitor any user conduct on the Site, PhotonBuzz.com reserves the right and has absolute discretion to monitor any user conduct on the Site at any time and for any reason without notice. PhotonBuzz does not approve or endorse any user-posted meetings or events referenced on the Site and PhotonBuzz recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
11. NO THIRD-PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold harmless 2Rego, LLC and/or PhotonBuzz.com affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Site; (c) any Feedback you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
Except as expressly provided, the Site, Site Content, User Content and services provided on or in connection with the Site (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. 2REGO, LLC AND/OR PHOTONBUZZ.COM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PhotonBuzz.com does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. PhotonBuzz.com does not represent or warrant that the Site or servers at Shopify, Inc. are free of viruses or other harmful components.
IN ADDITION, 2REGO, LLC AND/OR PHOTONBUZZ.COM DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING PHOTONBUZZ VIDEOS AND “ADVICE" ARTICLES. This Site Content is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on consumer electronic products, equipment and techniques by the wide variety of circumstances that can be encountered in during any outdoor event, activity or form of recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced electronic experts and/or outdoor recreationalists.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL PHOTONBUZZ, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM PHOTONBUZZ.COM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PHOTONBUZZ'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PHOTONBUZZ.COM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PHOTONBUZZ.COM FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. MODIFICATIONS TO THE SITE
PhotonBuzz.com reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that PhotonBuzz.com will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
16. APPLICABLE LAW AND VENUE
These Terms and your use of the Site will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, applicable to agreements made and to be entirely performed within the Commonwealth of Pennsylvania, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Pennsylvania and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, PhotonBuzz.com reserves the right, without notice and in its sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.