TERMS AND CONDITIONS OF USE
Last updated March 24, 2014.
- INTRODUCTION. Buzzrake is a platform which gathers feedbacks of web users (e.g. in social media, forums, Q&A sites, news articles, blog posts and users reviews) regarding products and appliances (collectively, the "Products") and processes them into independent aggregated summarized opinions (the "Opinions"). Said Opinions are aimed to provide comprehensive and systematical information for consumers, industry observers and the business community. Buzzrake's website - http://www.buzzrake.com/ (the "Website") and all of the information and contents featured, gathered and/or published on it, including but not limited to such Opinions (the "Content"), are developed by Buzzrake's owners (the "Company", "Us" or "We"). By using the Website and/or the Content you signify your agreement to these Terms and Conditions of Use. We reserve the right to modify or discontinue the Website or its contents at any time, with or without notice.
USE, LICENSE & COPYRIGHT. We grant you a worldwide, royalty-free, non-exclusive, non-transferable license to use the Website and its Content, free of charge in any format or medium, under the following terms, for your personal and non-commercial use only (the "License").
The License allows you to copy, post and adapt the Content or any part thereof solely for your personal non-commercial use. When you use the Content as described above or any part thereof, you MUST acknowledge its source and if digitally used, YOU MUST acknowledge it by establishing hypertext links to the Website (the "Hypertext Links"), all as follows:
- You MUST include a clear and visible legend indicating the source of the Content or any part thereof.
- You MUST either: (a) set a link to the Website's home page - http://www.buzzrake.com/ or to the specific page on the Website from where the Content used was taken; or (b) set Buzzrake's logo as an hyperlink on the same page containing the Content.
- If the logo itself is used as a hyperlink, it must link to the Website's home page - http://www.buzzrake.com/ or to the specific page on the Website from where the Content used by you is located.
- If you use Buzzrake's logo it must be used unamended and it must not be edited.
- The link to the Website site must not load the page into frames but the page must load into the user's entire window. The link must not have a “rel=nofollow” property.
You MAY NOT modify, remove, obscure, obliterate or reverse engineer any portion of the Content and/or the Website. You MAY NOT remove the Hypertext Links as defined above, any intellectual property rights, including, without limitation, copyright, trademark or other proprietary rights notices contained in or on the Contents and/or the Website (altogether the "IP"), and you may ensure that your use of the Content do not mislead others or misrepresent the Content and/or its intention as published or mentioned at the Website.
Please send enquiries regarding the use of the Content to email@example.com.
Your right to use the Website and its Content is limited by the terms set forth in these Terms and Conditions of Use and you shall not obtain any rights with respect to the IP, other than any rights expressly set forth herein. The Website and its Content are protected by applicable intellectual property laws, including international treaties. Except for this License granted to you, We retain all right, title, and interest in and to the Website and the Content, including all related IP. All use of the IP shall inure to Our benefit. You hereby irrevocably agree to and assign to Us in perpetuity all worldwide right, title and interest, if any, that may be deemed as owned or obtained by you in any of the IP.
Except as otherwise explicitly provided in these Terms and Conditions of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website and/or its Content; (b) rent, lease, or sublicense access to the Website and/or the Content; nor (c) circumvent or disable any security or technological features or measures of the Website and/or its Content.
We do not collect personally-identifiable information (name, address, e-mail address, social security number, or other unique identifiers), unless We specifically advise you that We are doing so.
When you visit the Website, We automatically collect and store the following information:
- The Internet protocol (IP) address from which you access the Website (an IP address is a unique number that is automatically assigned to the computer you are using whenever you are surfing the web).
- The type of browser, such as Safari, Internet Explorer, or Firefox and operating system, such as Windows 7, Windows Vista, Windows XP, or OSX and Linux, used to access the Website.
- The date and time the Website is accessed, for the purpose of monitoring demand.
- The pages visited, for the purpose of improving the usefulness of Buzzrake by providing helpful links.
- The last site you visited, if that site contained a link to Buzzrake's web page, which indicates how you found the Website.
We use this information to make Buzzrake more useful to visitors by learning the number of visitors to our site, the number of pages served, and the level of demand for specific pages. We do not track or record information about identifiable individuals and their visits.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THE CONTENT AND/OR THE WEBSITE IS AT YOUR SOLE RISK. THE INFORMATION ON OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE, ITS CONTENT OR OTHER CONTENTS LINKED TO OR FROM THE WEBSITE AND/OR ITS CONTENT IS PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. THE CONTENT CONTAINS SPECIFICATIONS, FEATURES AND/OR OTHER INFORMATION REGARDING THE PRODUCTS WHICH HAVE BEEN PROVIDED BY INDEPENDENT THIRD PARTIES AND/OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DID NOT CONDUCT ANY INDEPENDENT REVIEW OF SUCH SPECIFICATIONS. NO REFERENCE TO ANY THIRD PARTY OR THIRD PARTY PRODUCT OR SERVICE SHALL BE CONSTRUED AS AN APPROVAL OR ENDORSEMENT BY US OF THAT THIRD PARTY OR THIRD PARTY'S PRODUCT OR SERVICE. YOU AKNOWLEDGE THAT WHILE THE CONTENT IS THE RESULT OF OUR COMMERCIALLY REASONABLE AND GOOD FAITH EFFORTS, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT BEING ERROR-FREE, COMPREHENSIVE AND/OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED AS PART OF THE CONTENT AND/OR ON THE WEBSITE, MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY PRODUCT PRESENTED IN ANY CONTENT WHICH IS PROVIDED OR OFFERED BY THIRD PARTIES AND YOU ACKNOWLEDGE THAT ANY RELIANCE ON REPRESENTATIONS AND WARRANTIES PROVIDED EITHER BY US OR BY ANY THIRD PARTY SHALL BE AT YOUR OWN RISK. ANY MATERIAL OR ANY OTHER INFORMATION OBTAINED THROUGH THE WEBSITE AND/OR THE CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH OR FROM THE WEBSITE AND/OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT.
- INDEMNIFICATION. YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM ANY COSTS, DAMAGES, EXPENSES AND LIABILITY CAUSED BY YOUR USE OF THE CONTENT AND/OR THE WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY THROUGH USE OF THE CONTENT AND/OR THE WEBSITE.
- LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE AND/OR THE CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR THE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED TEN US DOLLARS ($10). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- JURISDICTIONAL AND VENUE ISSUES. These Terms and Conditions of Use are governed by and shall be construed in accordance with the laws of Israel, excluding its conflict and choice of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions of Use or the Content and/or the Website shall be filed, and that venue properly lies, only in competent courts located in Tel-Aviv, Israel, and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the Content or any other content on the Website are appropriate or available for use in any particular location. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision in these Terms and Conditions of Use will not constitute a waiver of such right or provision unless acknowledged and agreed by Us in writing.
- COPYRIGHT AND TRADEMARK INFORMATION. Copyright © 2014 by Buzzrake. All rights reserved. All contents (including but not limited to the Content) posted on the Website are subject to copyrights owned by Us and/or third parties which are protected by intellectual property rights. Any reproduction, retransmissions, or republication of all or part of the Content and/or the Website is expressly prohibited, unless in accordance to these Terms and Conditions of Use herein or in case We have explicitly granted in writing Our prior written consent to so reproduce, retransmit, or republish the material. All other rights reserved. The names, trademarks, service marks and logos of Ours appearing on the Content and/or the Website may not be used in any advertising or publicity, or otherwise to indicate Our sponsorship or affiliation with any product or service, including, without limitation, the Products, without Our prior express written permission. All other trademarks are property of their respective owners, and constitute neither an endorsement nor a recommendation by Us of those third parties. In addition, such use of trademarks or links to third parties' web sites, if any, is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Us.
- NOTICE AND TAKEDOWN PROCEDURE. If you believe any Content accessible on or from the Website infringes your copyright, you may request removal of those materials (or the access thereto) from the Website by contacting Us at the address below and providing all of the following information (the "Copyright Information"):
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy of the location (e.g. URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide Us with its URL or any other pertinent information that will allow Us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have submitted is accurate and indicating that, under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature of the copyright owner or its authorized representative.
Please submit the Copyright Information to the following address: firstname.lastname@example.org.
- UPDATES TO THESE TERMS AND CONDITIONS OF USE. We may occasionally amend these Terms and Conditions of Use. When We do amend these Terms and Conditions of Use, We revise the “last updated” date on these Terms and Conditions of Use, and you should check frequently to see recent changes. Your use of the Content and/or the Website after any such changes will be subject to the most current version of the Terms and Conditions of Use and the most current version shall supersede all earlier versions.
- TERMINATION. We reserve the right to discontinue offering the Content (or any portion thereof) and/or the Website or to modify any of the aforementioned, at any time and in Our sole discretion. If you are dissatisfied with any aspect of the Content and/or the Website, at any time, your sole and exclusive remedy is to cease using them.
If you have any queries regarding these Terms and Conditions of Use, please contact Us at email@example.com.