WeBuzz is a community, and members of a community must respect each other as human beings. WeBuzz therefore asks you not to get involved in any unwanted profane, offensive, obscene or sexual exchanges or to attempt to harm any person in any way.Please go to Inhope’s site if you would like information on reporting illegal use and content on the internet.
WeBuzz asks that you do not:
Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:
No Emergency Calls: by entering into this Agreement You acknowledge and agree that the WeBuzz Software does not and does not intend to support or carry emergency calls. Please also see article 7 below.
Entering into this Agreement: this End User License Agreement constitutes a valid and binding agreement between WeBuzz and You, as a user, for the use of the WeBuzz Software. you enter into this Agreement by the install and use of the WeBuzz Software. You hereby agree and acknowledge that this Agreement covers all your use of WeBuzz Software, whether it be from this installation or from any other terminals where WeBuzz Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the WeBuzz Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that installing the WeBuzz software, you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the WeBuzz Software. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the WeBuzz Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the WeBuzz Software is allowed.
Article 1 Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, WeBuzz. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 Emergency Services: means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
1.4 Documentation: any online or otherwise enclosed documentation provided by WeBuzz.
1.5 Effective Date: the date on which this Agreement is entered into by installing the WeBuzz software as stated above.
1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the WeBuzz Software, the Documentation, the WeBuzz Website or the WeBuzz Promotional Materials.
1.7 Password: refers to a code you select, which, in combination with the User ID, gives you access to Your User Account.
1.8 WeBuzz: refers to the company established under the laws of the Ontario, Canada with its address at 1155 Halton Terrace, Kanata, Ontario, K2W1H1.
1.9 WeBuzz Online Material: the WeBuzz banner available for download on the WeBuzz Website, consisting of a WeBuzz logo and a link to the WeBuzz Website.
1.10 WeBuzz Promotional Materials: any and all trademarks, names, signs, logos, banners, WeBuzz Online Material and any other materials, in whatever form, owned and/or used by WeBuzz for the promotion of its company, its products and activities.
1.11 WeBuzz Software: the software distributed by WeBuzz, including without limitation the UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
1.12 WeBuzz Staff: the officers, directors, employees and agents of WeBuzz or its Affiliates, or any other persons hired by WeBuzz or its Affiliates.1.13 WeBuzz Website: any and all elements, contents and the ‘look and feel’ of the website available - among other URL’s - under the URL www.we-buzz.com, from which website the WeBuzz Software can be downloaded.
1.14 Terms of Service: means the agreement between WeBuzz and you for the use of the WeBuzz Services.
1.15 UI: the user interface of the WeBuzz Software.
1.16 User Account: refers to the account with User ID and Password that you create for your use of the WeBuzz Software;
1.17 User ID: refers to an identification code you selected, which in combination with the Password, gives access to Your User Account;
1.18 You: you, the end user of the WeBuzz Software, also used in the form "Your" where applicable.
Article 2 License and Restrictions
2.1 License. Subject to the terms of this Agreement, WeBuzz hereby grants You a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable to download, install and use the WeBuzz Software on Your computer(s) and/or phone and/or cell phone or PDA for the sole purpose of personally using the services and applications provided by WeBuzz and any other applications that may be explicitly provided by WeBuzz. For the avoidance of doubt, you are allowed to use WeBuzz Software at work, if possible, in accordance with the terms of this Agreement.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the WeBuzz Software or any part thereof.
2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the WeBuzz Software or any part thereof.
2.4 Third Parties. You acknowledge and agree that the WeBuzz Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the WeBuzz Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the WeBuzz Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with WeBuzz or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to WeBuzz or its Affiliates to enforce any of your rights.
2.5 New Versions of the WeBuzz Software. WeBuzz, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the WeBuzz Software. You acknowledge and agree that WeBuzz has no obligation to make available to You any subsequent versions of the WeBuzz Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the WeBuzz Software. Furthermore, You acknowledge and agree that WeBuzz, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the WeBuzz Software, and/or disable any WeBuzz Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at WeBuzz’s discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with our policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. WeBuzz will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the WeBuzz Software and (2) by the suspension or termination of the license or this Agreement by WeBuzz and/or by You.
2.6 Premium (Paid) Services. This Agreement applies to downloading,
Article 3 Definitions to License Restrictions and Additional Terms
3.1 Distribution of WeBuzz Software. You are not allowed to distribute the WeBuzz Software under this Agreement. For the right to distribute You will have to agree to and meet with the Distribution Terms and conditions. Please contact customer service to get a copy when needed.
3.2 WeBuzz Promotional Materials. Nothing in this Agreement will give You any right to use the WeBuzz Promotional Materials.
Article 4 Utilization of Your computer
4.1 Utilization of Your computer. You hereby acknowledge that the WeBuzz Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between WeBuzz Software users.
4.2 Protection of Your computer (resources). You understand that the WeBuzz Software will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however, You acknowledge and agree that WeBuzz cannot give any warranties in this respect.
Article 5 Confidentiality and Privacy
5.1 WeBuzz’s Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding WeBuzz, its Affiliates, the WeBuzz Staff, the WeBuzz Software and the IP Rights, strictly confidential.
Article 6 IP Rights and Translations
6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the WeBuzz Software are and shall remain the exclusive property of WeBuzz and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the WeBuzz Software, but may be accessed through use of the WeBuzz Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
6.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or WeBuzz’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.
6.3 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the WeBuzz Website or as otherwise requested of You by WeBuzz at any time prior
Article 7 Communication and Your Use of the WeBuzz Software
7.1 Communication. Installing WeBuzz Software enables You to communicate with other WeBuzz Software users.
7.2 No Warranties. WeBuzz cannot guarantee that You will always be able to communicate with other WeBuzz Software users, nor can WeBuzz guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communication shall always be delivered to other WeBuzz Software users. WeBuzz will not be liable for any such disruptions, delays or other omissions in any communication experienced when using WeBuzz Software.
7.3 No Responsibility of Content. You acknowledge and understand that the content of the communication spread by the use of the WeBuzz Software is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. WeBuzz will not be liable for any type of communication spread by means of the WeBuzz Software.
7.4 No Emergency Services. You expressly agree and understand that the WeBuzz Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. WeBuzz, its Affiliates or WeBuzz Staff are in no way liable for such emergency calls.
7.4.1 Alternative Arrangements. By agreeing to this Agreement You understand that additional arrangements must be made to access Emergency Services.
7.4.2 No Compulsion to Offer Emergency Services. You recognize and agree that WeBuzz is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law.
7.5 Lawful purposes. You acknowledge and agree to use the WeBuzz Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the WeBuzz Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.
Article 8 Term and (Consequences of) Termination
8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either WeBuzz or You as set forth below.
8.2 Termination by WeBuzz. Without limiting other remedies, WeBuzz may limit, suspend, or terminate this license and Your use of WeBuzz Software, prohibit
8.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth in Article 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the WeBuzz Software shall terminate, and (b) will cease any and all use of the WeBuzz Software, and (c) will remove the WeBuzz Software from all hard drives, networks and other storage media and destroy all copies of the WeBuzz Software in Your possession or under Your control.
8.5 No liability. WeBuzz will not be liable in relation to any damage caused by the termination of this Agreement.
Article 9 Your Representations and Warranties; Indemnification of WeBuzz.
9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the WeBuzz Software.
9.2 Indemnification. You agree to indemnify, defend and hold WeBuzz, Affiliates and the WeBuzz Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the WeBuzz Software, or (d) communication spread by means of the WeBuzz Software.
9.3 Export Restrictions. You acknowledge that the WeBuzz Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the WeBuzz Software as well as end-user, end-use and destination restrictions issued by national governments.
Article 10 Disclaimer of Warranties
10.1 No warranties. THE WEBUZZ SOFTWARE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; WEBUZZ DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE WEBUZZ SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. WEBUZZ FURTHER DOES NOT REPRESENT OR WARRANT THAT THE WEBUZZ SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES WEBUZZ WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE WEBUZZ SOFTWARE.
10.2 Specific Disclaimer of Liability for Emergency Services. WeBuzz does not provide Emergency Services in conjunction with the WeBuzz Software. Neither WeBuzz nor its officers or employees may be held liable for any claim, damage, or loss, and You hereby waive any and all such claims or causes of action, arising from or relating to the use of WeBuzz Software to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless WeBuzz, WeBuzz Staff and Affiliates and agents and any other service provider who furnishes services to You in connection with the WeBuzz Software, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, You relating to the absence, failure or outage of WeBuzz Software provided hereunder, including specifically any claims arising out of the failure of WeBuzz to offer Emergency Services.
10.3 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the WeBuzz Software remains with You, to the maximum extent permitted by law.
10.4 Jurisdiction’s Limitations.
Article 11 Limitation of Liability
11.1 No Liability. YOU ACKNOWLEDGE AND AGREE THAT WEBUZZ, ITS AFFILIATES AND THE WEBUZZ STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE WEBUZZ SOFTWARE, AS SET FORTH BELOW.
11.2 Limitation of Liability.
11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE WEBUZZ SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH WEBUZZ SOFTWARE.
11.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
Article 12 General Provisions
12.1 New versions of the Agreement. WeBuzz reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the WeBuzz Website. The revised Agreement shall become effective within ten (10) days of such publishing or provision to You.The express of acceptance by You, or Your continued use of the WeBuzz Software after expiry of the notice period of ten (10) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. WeBuzz reserves
12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and WeBuzz with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver. The failure of WeBuzz at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by WeBuzz.
12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
12.6 Assignment by WeBuzz. WeBuzz is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada without giving effect to the conflict of laws or provisions of the Netherlands or Your actual state or country of residence.
12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the the Netherlands.
12.9 Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE WEBUZZ SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO WEBUZZ THE RIGHTS
© WeBuzz - last revised: August, 2007