Privacy Policy
BuzzBox Internet Privacy Policy
BuzzBox is committed to protecting your privacy. This Privacy Policy,
which is a binding part of BuzzBox's Website Terms of Use and End User
License Agreement ("Agreement"), explains the type of information
BuzzBox collects through its website and theBuzzBox browser companion
software ("Toolbar Service") and what BuzzBox does with it.
Please read the following privacy policy carefully before downloading
and using BuzzBox's Toolbar Service software or using the BuzzBox
website. If you download and use BuzzBox's Toolbar Service software or
use the BuzzBox website, you will be bound by the terms of the
Agreement, including this Privacy Policy. This policy may change from
time to time so you should check it frequently.
BuzzBox's Toolbar Service improves your ability to use the Web. One of
its most important features is Related Links, which tells you about
websites that are "related" to the ones you are viewing while surfing
the Web and which you may find interesting. It does this, in part, by
logging and analyzing the Web surfing patterns of BuzzBox users, which
we call usage paths. These usage paths are also used to create research
and commercial reports that analyze aggregate Web usage patterns.
BuzzBox does not attempt to determine the identity of any BuzzBox user
by analyzing Web usage paths.
What types of information does BuzzBox collect?
If you are visiting the BuzzBox website (BuzzBox.com), we collect the
following information: the full Uniform Resource Locator("URL") of the
Web page from which you came to BuzzBox.com; your Internet Protocol
("IP") address, which may include a domain name; the date and time for
each page you view; the name of and information about any advertisement
that brought you to the BuzzBox website; searches you perform, links you
click on; and computer and connection information such as browser type
and version, operating system, and platform. We also transmit cookies to
your computer so we can track the pages of our website that you view and
the order in which you view them.
If you use the E-mail This Site feature, we collect your message, the
recipient e-mail address(es), and your e-mail address for the purpose of
sending the e-mail. We do not send other e-mail to these address(es). If
you choose, we can save your e-mail address in a cookie on your computer
to make this feature easier to use.
If you download and install the Toolbar Service software, which provides
the BuzzBox toolbar, we collect any information voluntarily provided by
you during the installation and registration process, which can include
your e-mail address as well as demographic information such as gender,
age, occupation, household income, zip code and country. We also collect
the name of and information about any advertisement that brought you to
the BuzzBox download. Any e-mail address that you give us during the
installation process is kept separate from information collected during
your use of the Toolbar Service and is not used to correlate your
identity to Web usage path. Demographic information is correlated to Web
usage collected during your use of the Toolbar Service, but we do not
attempt to determine your identity by analyzing this information.
When you download the software, and at times during your use of the
BuzzBox website and Toolbar Service, we transmit BuzzBox cookies to the
hard drive of your computer. These cookies assign your Web browser a
unique series of numbers, letters, or characters that enable BuzzBox's
servers to recognize and identify your Web browser when you are using
the Toolbar Service. They also enable BuzzBox to track and store
information about your Web usage path while using the Toolbar Service.
See below for more information about how BuzzBox uses this data.
When you use the Toolbar Service, we collect information about the
websites you visit, the searches you perform when you use the "search"
function, and the pages you view. This information allows us to provide
you with information about the Web page you are viewing (BuzzBox's Site
Info) and to build our database of information about related Web pages
(BuzzBox's Related Links). Thus, for every Web page you view while using
the Toolbar Service, the BuzzBox software transmits and stores the
following information from your computer to BuzzBox:
* Your IP address, which may include a domain name. * The full URL of
the Web page you are visiting. * General information about your browser.
* General information about your computer's operating system. * Your
BuzzBox cookie number. * The date and time the above information is
logged.
All of the above information is logged together in a single data string
for each Web page you visit. Each string is logged in our database in
the chronological order received from our hundreds of thousands of
users.
If you use Internet Explorer's Related Links feature, we collect the
full URL of the Web page for which you requested the Related Links
information; your IP address, which may include a domain name; the date
and time of your request; and computer and connection information such
as browser type and version, operating system, and platform. This
information is stored in the same logs as the usage paths. We do not
transmit cookies to your computer when you use this Internet Explorer
feature. If you use Netscape's What's Related feature, we receive from
Netscape the URL of the Web page for which you requested the related
links information with the information that appears after the "?"
stripped out; your IP address, which may include a domain name; the date
and time of your request; and computer and connection information such
as browser type and version, operating system, and platform. We do not
transmit cookies to your computer when you use this Netscape feature.
Does BuzzBox collect personally identifiable information?
The URLs we collect through the Toolbar Service sometimes contain
personal information about you. For example, when you enter information
on a Web page (e.g., when you complete an online registration form or
sign up for a contest), the operator of the website may insert that
information into its URLfor that or the next page. This information
often appears after a question mark ("?") in the URL, although it can
appear in other places. This means that your name, your address, your
e-mail address, or similar information you might consider private or
personally identifiable which you enter into a Web page sometimes
becomes part of a URLthat is then transmitted to BuzzBox and
automatically stored in BuzzBox's databases. This can also occur with
words, topics, products, or phrases you enter into search engines -
whether those engines are provided by the BuzzBox Toolbar Service itself
or found elsewhere on the Web - while using the BuzzBox Toolbar Service.
BuzzBox has no control over what information third party websites put
into their URLs or where they put it, but any information in each URL is
collected and stored by BuzzBox when you are using the Toolbar Service.
If you e-mail BuzzBox, we may store copies of such e-mail or similar
communications between you and BuzzBox. This can result in the
collection of your e-mail address or other personally identifiable
information you may have in your e-mail text, addresses, or other
fields, as well as the collection of the your IP address, the Internet
or other routing of your communication, and the date and time of your
communication. We do not attempt to correlate this information to your
BuzzBox cookie number or your usage unless responding to your inquiry
requires us to do so.
Although these information logs may contain personally identifiable
information, BuzzBox does not attempt to correlate cookie numbers, usage
paths, or demographic information to your e-mail address and does not
attempt to determine the identity of any BuzzBox user by analyzing this
information, except as required by subpoenas, court orders or legal
requirements.
If you write a Review on the BuzzBox website, the content you submit on
the Review form, the URL that you reviewed, your chosen public nickname,
the date of the Review, your BuzzBox cookie number, and a record locator
number may be logged together by BuzzBox. If you choose to rate a
website or recommend the addition of a website as a Related Link, your
e-mail addresses and recommendation and rating are logged together by
BuzzBox.
All transmissions between you and BuzzBox, including e-mails, URLs,
cookie identification numbers, usage paths, and any personally
identifiable information they might contain, pass through many third
party machines, operating systems, programs, browsers, Web servers,
networks, routers, Ethernet switches, ISPs, proxy servers, intranets,
the public telephone systems, or other devices, any of which may create
activity logs containing such transmissions.
What does BuzzBox do with the information it collects?
If you gave us your e-mail address when you registered, we use it to
send you BuzzBox newsletters, product updates, service-related
information, and other offers and information from BuzzBox or its
business partners. BuzzBox also may contact you by e-mail to respond to
reviews, ratings, and customer service inquiries you submit. We do not
disclose your e-mail address to business partners or to anyone other
than employees and agents working for or on behalf of BuzzBox, except as
required by subpoenas, court orders, or legal requirements. We do not
use your e-mail address to correlate your identity to your Web usage
paths. If you have given us your e-mail address but wish to unsubscribe
at any time, please see our section regarding changing your information
for instructions on how to do so.
We use BuzzBox cookies for such functions as verifying that you are an
BuzzBox user, counting and tracking your BuzzBox website visits, setting
the appearance of the toolbar, helping the toolbar remember which module
and tab you were last on and which search feature you used last,
remembering the default search engine that you used in our Web search
feature, determining the length of time you spent on a Web page, and
keeping the nickname you used when you wrote your last Web review. We
further use cookies to determine the number of visitors that came to the
BuzzBox website through a particular advertisement. Your BuzzBox cookie
number is also used to create usage and to correlate those with any
demographic information you provide, but we do not use your cookies,
usage paths, or product purchasing information to attempt to determine
your identity.
We use IP addresses to diagnose problems with our servers and to
administer our website. Your IP address also is used by BuzzBox to
gather broad demographic information, such as your general geographic
location and Internet Service Provider. IP addresses are further used to
help determine the number of BuzzBox users. This demographic information
may also be used by BuzzBox to analyze aggregate Web usage behavior.
How does BuzzBox share the information it collects?
User privacy has always been a core value of BuzzBox. That is why
BuzzBox does not attempt to determine the identity of its users or
correlate their e-mail addresses with their Web usage paths. Except as
described below, BuzzBox does not intentionally disclose personally
identifying information collected from any user to any third party-
without the user's consent.
We disclose any information we possess in response to subpoenas, court
orders, or legal requirements, and such information might be used by the
receiving party to determine your identity and your Web usage or other
things about you. We generally do not inform users of such requests for
information, although we might try to do so in some cases.
We employ other companies and individuals to perform functions on our
behalf, such as technical support services. To perform those functions,
it may be necessary for them to obtain access to BuzzBox's databases and
servers, which may contain personally identifying information about
users. They may not use such access or information for any purpose other
than that for which they are retained.
In the event that BuzzBox or substantially all of its assets are sold or
acquired, all information collected by BuzzBox would be transferred to
the acquiring party. In any such transfer, however, such information
would remain subject to any applicable terms and conditions, including
the terms of this Privacy Policy and any amendment thereto.
How is your information protected?
BuzzBox uses commercially reasonable computer security safeguards to
protect its databases and servers against risks of loss, unauthorized
access, destruction, misuse, modification, or inadvertent or improper
disclosure of data. These risks, however, cannot be completely
eliminated and BuzzBox therefore cannot guarantee complete security.
BuzzBox also segregates certain personally identifiable information
provided by you. Any e-mail address you chose to provide is stored in a
database. Your usage paths are stored on a separate database and server
that can be accessed only by a limited number of BuzzBox employees. in
Also, any demographic information you chose to provide is stored, along
with your BuzzBox cookie number and the name of any advertisement that
brought you to the BuzzBox download, in a database separate from e-mail
addresses, and Web usage path information. BuzzBox prohibits its
employees from using any of this information to determine your identity.
No Confidentiality for Customer Feedback
Feedback and other comments and statements that you chose to submit to
BuzzBox by any means - whether by e-mail to BuzzBox Customer Service,
telephone, letter, or any other means - shall be considered
nonconfidential. BuzzBox is free to use such information on an
unrestricted basis.
Data Collection and Use Practices by Other Businesses We Do Not Control
The Toolbar Service and BuzzBox website provide links to various
features, services, and Web pages provided solely by our business
partners or other organizations. The links take you to pages provided
solely by those entities, although sometimes the pages are co-branded
with the BuzzBox logo. You will be able to tell when another entity is
involved with providing features, services, or Web pages, and any
information about your interaction with those Web pages, including which
pages and advertisements you view and any search terms or other
information you enter, will be received by that other business.
When you click on links to other businesses, those businesses may attach
a cookie to your hard drive and may collect information about you.
BuzzBox makes no claims or representations about what those businesses
do or do not collect about you. Please review any terms of use and
privacy policies of those other businesses to learn about their data
collection and data use practices.
Further, our business partners may post advertisements on pages
co-branded with the BuzzBox logo. Those advertisements are transmitted
to your browser directly by the advertiser or the business partner, not
by BuzzBox, and those advertisers may transmit a cookie to your hard
drive and may collect information about you. If an advertiser or its ad
server has previously placed a cookie on your machine, it may recognize
the cookie and learn you have visited our co-branded Web page or used
our Toolbar Service even though you do not click on the advertisement.
BuzzBox makes no claim or representations concerning what such
advertisers do or do not collect about you, and refers you to those
entities for information about their privacy practices.
You acknowledge and agree that BuzzBox is not responsible for any
content, advertising, products, or other materials on the websites
(whether co-branded with the BuzzBox logo or not) of or available from
other businesses that we do not control. You further acknowledge that
BuzzBox shall not be responsible or liable, directly or indirectly, for
any damage or loss 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.
How to Change Your Information
You can inform us of a change in the e-mail address or demographic
information you provide us by contacting us. BuzzBox does not currently
enable users to access, review, or change usage path collected during
use of the Toolbar Service. BuzzBox also does not enable users to delete
information, including usage path, and demographic information.
If you do not want to receive BuzzBox newsletters, offers, and product
and service information, simply contact us and be sure to include the
e-mail address where such information is being sent, and state that you
no longer want to receive BuzzBox information and updates.
To submit requests to change or remove website owner contact
information, follow the instructions on the following form: Change
Contact Information Form, or contact us. Please note that it can take up
to 6 weeks for approved requests to be implemented in BuzzBox's Toolbar
Service or website.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others
to use the Service, you may do so only through methods that are
consistent with the terms and conditions of your own Internet service
provider as well as prevailing standards of acceptable Internet use and
behavior. In particular, you may not use the Service, name, trademarks,
or other intellectual property of BuzzBox in conjunction with the
sending of unsolicited email, or cause to be used BuzzBox's equipment,
network connectivity, or other resources to originate, deliver, relay,
or otherwise transmit unsolicited email messages. You may not engage in
any of these prohibited activities by using the service of any other
provider, third-party agent, remailing service, or address forwarding
service, in such a way that BuzzBox's network addresses or
BuzzBox-hosted Web or email services are in any way identified as being
associated with the sending of unsolicited email. Other prohibited
methods of advertising or promoting your involvement with BuzzBox
include multiple postings of messages to Usenet newsgroups, mailing
lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat
services) or other online forums. Incidents of "spamming" or similar
inappropriate behavior should be reported to us.
ACCESS TO BUZZBOX'S SERVICE
To use the Service, you must provide all your own equipment to establish
a connection to the Internet and provide for your own access, including
paying any fees.
OTHER WEBSITES TO WHICH BUZZBOX'S SERVICE LINK OR REFER
The Web changes constantly, and no technique can ever index all pages
accessible on the Web. As a result, BuzzBox cannot guarantee the
completeness or accuracy of the websites or URLs to which BuzzBox's
Service link or refer.
Further, the process of including websites in BuzzBox's Service is
largely automatic. BuzzBox does not screen the websites included in the
Service, and these other websites are maintained by persons over whom
BuzzBox exercises no control. For these reasons, BuzzBox assumes no
responsibility for the content of any website or URL included in the
Service and is not responsible for errors or omissions or for offensive
or objectionable content contained on any website or URL included in the
Service.
BuzzBox occasionally receives requests to change or remove websites
listed in the Service. We also have implemented a page where users can
suggest website links for certain features of the BuzzBox Service.
BuzzBox reserves the right to address such requests on a case-by-case
basis, and our editors will review and seriously consider the new
suggestions that people enter.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
The Service may be used only for lawful purposes and in a lawful manner.
You agree to comply with all applicable laws and regulations.
BuzzBox has the right, but not the obligation, to monitor any Review,
activity, and content associated with the Service. BuzzBox may
investigate any reported violation of its policies and take any action
it deems appropriate, including terminating your access to the Service
without notice.
BuzzBox may report any activity it suspects violates any law or
regulation to appropriate law enforcement officials, regulators, or
other third parties. To cooperate with governmental requests, to protect
BuzzBox's systems and users, to ensure the integrity and operation of
BuzzBox's business and systems, or in response to subpoenas, court
orders, or legal requirements, BuzzBox may access and disclose any
information it considers necessary or appropriate, including user
contact details, IP addressing and traffic information, posted content,
and Web usage paths. By using the Service you expressly consent to the
foregoing use and disclosure.
PROPRIETARY RIGHTS
Intellectual Property and Copyright Infringement Notice
The Service is controlled and operated by BuzzBox Inc, team@buzzbox.com,
contact information . The Service, and all materials on the Service
including images, text, illustrations, logos, audio and video files
(collectively "intellectual property"), are protected by copyrights,
trademarks, servicemarks, or other proprietary rights which are either
owned by BuzzBox, or owned by other parties who have licensed their
intellectual property to BuzzBox. The compilation (meaning the
collection, arrangement, and assembly) of all materials on the Service
is the exclusive property of BuzzBox and protected by U.S. and foreign
laws and international copyright treaties. Material from the Service and
from any other Service owned, operated, controlled, or licensed by
BuzzBox may not be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way. Use or modification of BuzzBox's
intellectual property in any form, including but not limited to use on
any other website or networked computer environment, without express
written authorization is a violation of BuzzBox's copyrights and other
proprietary rights and is strictly prohibited.
Notification and Procedure for Making Claims of Copyright Infringement
You may notify BuzzBox if your work has been copied in a way that you
believe constitutes copyright infringement. In compliance with Title 17,
United States Code, Section 512(c)(2), BuzzBox has designated a
Copyright Agent to receive any such notification. BuzzBox's Copyright
Agent may be contacted at:
email: team@BuzzBox.com
If you wish to notify BuzzBox's Copyright Agent of a claim of copyright
infringement, please provide written notice. Your notice must contain
the following information:
1. a physical or electronic signature of the person authorized to act on
behalf the copyright owner; 2. identification or description of the
copyrighted work you claim has been infringed; 3. identification or
description of the work you believe is infringing on your copyrighted
work and enough information to assist BuzzBox in locating the allegedly
infringing work; 4. your address, telephone number, and email address;
5. a statement that you have a good faith belief that the use by the
person you believe has infringed on your copyright is not authorized by
the copyright owner, its agent, or the law; 6. your statement, made
under penalty of perjury, that the information contained in your
notification is accurate, and that you are the copyright owner or are
authorized to act on the owner's behalf.
Trademarks
BuzzBox graphics, logos, page headers, button icons, scripts, and
service names are trademarks or trade dress of BuzzBox in the United
States and other countries. Neither BuzzBox's trademarks may be used in
connection with any product or service that is not BuzzBox's in any
manner that is likely to cause confusion among users, or in any manner
that disparages or discredits BuzzBox.
Software License
The proprietary software associated with the Toolbar Service
("Software"), which shall be deemed to include any enhancements or
modifications thereto and any related documentation, is a copyrighted
work. Subject to your compliance with all of the terms and conditions of
this Agreement, and in consideration of you promises reflected in this
Agreement, BuzzBox grants to you a personal, nonexclusive, nonassignable
and nontransferable license to download, install and use the Software to
and on a single computer and to use the Software solely to use the
Service as permitted under this Agreement. All rights not expressly
granted to you by the foregoing sentence are reserved by BuzzBox.
Without limiting the generality of the foregoing, you may not copy,
modify, distribute or reverse engineer, decompile or disassemble the
Software, except that you may make one copy of the Software for back-up
purposes. You may not use the Software for any commercial purpose other
than in connection with the Service and as permitted hereunder, and you
may not transfer, sell, assign or convey it to another party without
BuzzBox's prior written consent.
Other Licenses
Your Grant
By entering into this Agreement, using the Service, or posting any
Review, you grant BuzzBox and its affiliates a perpetual, nonexclusive,
world-wide, royalty-free, irrevocable and fully sublicensable right and
license to store, copy, modify, translate, distribute, display and
otherwise use your Reviews, and any or all information contained
therein, for any purpose whatsoever, including, but not limited to, in
marketing or advertising materials, and to exercise all copyright and
rights of publicity over the material displayed in your Reviews, in any
existing or future media, now known or later developed. You also waive
any "moral rights" or rights of attribution or integrity in such
content. You are not entitled to any compensation for such use. You also
grant BuzzBox and its affiliates and sublicensees the right to use your
nickname or any identifying information that you submit with your
Reviews.
BuzzBox's Grant
Subject to your compliance with all the terms and conditions of this
Agreement, and in consideration of your promises reflected in this
Agreement, BuzzBox grants to you a limited license to make personal use
of the Service. This license expressly excludes, without limitation, any
resale, modification, or commercial use of the Service or any portion
thereof or any Reviews and making any derivative works based upon or
distributing or copying the Service or any Reviews, except as expressly
permitted hereunder. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information of BuzzBox
and its affiliates without express written consent of BuzzBox. You may
not use any meta tags or any other "hidden text" utilizing the name or
trademarks of BuzzBox and its affiliates without the express written
consent of BuzzBox and its affiliates. Any unauthorized use terminates
the permission or license granted by BuzzBox in this paragraph.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless BuzzBox and its
affiliates, and each of their officers, directors, employees, agents,
representatives, information providers and licensors, from any claims,
costs, losses, damages, judgments and expenses, including but not
limited to reasonable attorney's fees, relating to or arising out of any
breach of this Agreement or any use of the Service by you, or by any
other person using the Service through you or using your computer.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT
YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, BUZZBOX INC
AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER BUZZBOX NOR ANY OF ITS
AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES
OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE, INCLUDING
ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE,
RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE
OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM
VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE
ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW,
RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH
THE SERVICE OR THE SITE; (v) THE AVAILABILITY FOR SALE, OR THE
RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR
REFERENCED USING THE SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE; AND (vii) THAT THE SERVICE IS
NONINFRINGING. BUZZBOX INC AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU
HEREBY WAIVE AND RELEASE BUZZBOX INC AND ITS AFFILIATES FROM, ANY AND
ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING
OUT OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE SOFTWARE,
WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED)
OF BUZZBOX INC OR ITS AFFILIATES.
IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE
SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY REVIEW, AND
A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE BUZZBOX INC AND
ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS,
EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT 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 SUCH SOFTWARE AND/OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BUZZBOX INTERNET OR ANY OF THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT
OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO,
ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES,
ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE
SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER
REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER
FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED
THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED
OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY
MAY NOT APPLY TO YOU.
APPLICABLE LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington and the Federal Arbitration Act, without
giving effect to any principles of conflicts of laws, and you hereby
consent to the exclusive jurisdiction of the state and federal courts
sitting in King County, Washington.
ARBITRATION
You and BuzzBox agree any and all disputes and claims relating in any
way to this Agreement (including the arbitrability of any claim or
dispute and the enforceability of this paragraph), with the exception
set forth in the next paragraph, shall be submitted to and resolved by
means of confidential arbitration conducted in the State of Washington,
King County. If you and BuzzBox cannot agree on arbitrators, they shall
be appointed by the Presiding Judge of the King County Superior Court.
The arbitration shall be conducted under the then prevailing Commercial
Arbitration Rules of the American Arbitration Association ("AAA"). You
and BuzzBox Internet may litigate in court only to compel arbitration
under this Agreement or to confirm, modify, vacate or enter judgment on
the award rendered by the arbitrators. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. This Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the
application of which is hereby excluded. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other current or former user of the
Service, whether through class arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened to
violate BuzzBox's intellectual property rights, BuzzBox may seek
injunctive or other appropriate relief in any state or federal court in
the State of Washington, and you consent to exclusive jurisdiction and
venue in such courts.
GENERAL PROVISIONS
Entire Agreement
This Agreement, which includes the BuzzBox Privacy Policy, constitutes
the entire agreement of the parties with respect to the subject matter
hereto and supersedes and cancels all prior and contemporaneous
agreements, claims, representations and understandings of the parties in
connection with the subject matter, hereof, oral or written.
Severability
If any provisions of this Agreement shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
No Waiver
BuzzBox's failure to enforce the strict performance of any provision of
this Agreement will not constitute a waiver of BuzzBox's right to
subsequently enforce such provisions or any other provisions of this
Agreement. No waiver of any provision of this Agreement shall be
effective unless in writing.
Any rights not expressly granted herein are reserved.
Glossary of Terms
Related Links
Related Links are lists of webpage that are related to the webpage you
are viewing. Whenever you visit a Web page, the BuzzBox Toolbar Service
retrieves information from the BuzzBox servers to suggest other related
Web pages that might be of interest to you. BuzzBox's Related Links
enable you to "surf" from one related site to another, discovering
interesting and unique sites as you go, without having to return to a
search engine.
Usage Paths
A usage path is the trail of requests automatically transmitted to and
logged by BuzzBox as a user surfs the Internet with the BuzzBox toolbar
enabled. Usage paths consist of the following data for each Web page
visited by an BuzzBox user: (a) the IP address assigned to the user; (b)
the date and time the Web page is visited by the user; (c) the user's
browser type and version; (d) the user's operating system and version;
(e) the user's BuzzBox cookie; and (f) the full URL that the site
assigns to the Web page.
Uniform Resource Locator
A URL (or uniform resource locator) is the full Web address of a file or
document you view when browsing the Internet. With most browsers, such
as Microsoft Internet Explorer or Netscape Navigator, the URL of every
Web page that you view is displayed in a window near the top of the
screen. Typically, a URL consists of four parts: protocol, server (or
domain) where the file is located, path, and filename. However, some
URLs have no path or filename. An example of a URL is:
http://www.BuzzBox.com/company/index.html
http is the protocol www.BuzzBox.com is the server company/ is the path
index.html is the filename
Internet Protocol Address
An Internet Protocol ("IP") address is a set of numbers that is
automatically assigned to your computer each time you connect to the
Internet. When you use your Web browser to request a Web page from
another computer on the Internet, your Web browser automatically gives
that computer your IP address so that the data you request can be sent
to your computer. For many users who access the Internet from a dial-up
Internet service provider (ISP), the IP address will be different every
time they log on ("dynamic" IP addresses); others may be assigned only
one IP address that remains the same from session to session ("static"
IP addresses) (more common with broadband ISPs).
Domain Name
A domain name identifies one or more IP addresses. Domain names are used
in URLs to identify particular Web pages. For example, in the URL
http://www.BuzzBox.com/site/company, the domain name is BuzzBox.com.
Cookies
A cookie is a small data file consisting of numbers, letters, or other
characters that the BuzzBox server sends to your browser and stores on
your computer's hard drive when you visit the BuzzBox website or
download the BuzzBox Toolbar Service software. The BuzzBox servers can
access this cookie when you return to the website or use the BuzzBox
Toolbar Service. The cookie automatically identifies your computer, but
not your identity, to our servers while you use the BuzzBox Toolbar
Service or the BuzzBox website. If you have The Web You Made feature
turned on, your cookie also contains information about the last several
websites that you visited.
You can configure your browser to accept all cookies, reject all
cookies, or notify you when a cookie is set. (Each browser is different,
so check the "Help" menu of your browser to learn how to change your
cookie preferences.) However, if a browser is set to reject cookies, it
may encounter functionality problems with the BuzzBox Toolbar Service.
Toolbar
The BuzzBox toolbar consists of buttons or links on your Web browser and
enables you to use the BuzzBox Toolbar Service. The toolbar provides
information for each Web page a user views, including a rating for the
level of traffic the page receives, reviews of the page provided by
other BuzzBox users, contact information for the owner of the Web page,
site statistics and Related Links.
Browser
A browser, short for Web browser, is a software application used to
locate and display Web pages. Two popular browsers are Netscape
Navigator and Microsoft Internet Explorer.
Detail Page
A detail page is the page, displayed by either BuzzBox, that provides
details about a website, provides a user the ability to read and write
reviews, and provides personalized recommendations for other websites
and/or products that the user may be interested in.
Contact us with questions or problems, as appropriate.