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Ultra Buzz Terms of Use

Last updated September 14, 2014

Ultra Buzz, Inc. (“Ultra Buzz”, or “we”) provides our users the ability to view material, from either social networking services (“SNSs”) or the Internet generally, in an innovative way. The services offered by Ultra Buzz include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices such as Apple’s iPad and iPhone, and devices running the Android operating system (each a “Ultra Buzz Application”), our Ultra Buzz located at www.ultra.buzz (the “Site”) and any other services offered by Ultra Buzz in connection with our Ultra Buzz Application or the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any SNS or other third-party service you interact with via the Services.

Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Services and Ultra Buzz Content (defined below) and set forth the legally binding terms for your use of the Services and Ultra Buzz Content, whether or not you are a Ultra Buzz App User or a visitor of the Site. A “Ultra ID” or is a person who is using the web-based Ultra Buzz Application.

SPECIAL NOTE TO ULTRA BUZZ USERS: Without limiting any other terms of these Terms of Use, by using an SNS via the Services you understand and agree that Ultra Buzz, as an agent on your behalf, will access and store your SNS account information and content so that they are available to you through your use of the Ultra Buzz Application and you give Ultra Buzz permission to do so. You agree that any content that you submit to an SNS while using the Services may be stored by Ultra Buzz at your direction, although Ultra Buzz does not undertake any obligations to maintain such submissions.

Certain areas of the Services (and your access to or use of Ultra Buzz Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions or to register for certain uses of the Site or Services. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or Ultra Buzz Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Ultra Buzz Content.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE ULTRA BUZZ APPLICATION, SITE, OR SERVICES, POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR ULTRA BUZZ CONTENT.

Modification

Ultra Buzz reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the Ultra Buzz Application or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Use. By continuing to access or use the Site or Services (including any Ultra Buzz Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and Ultra Buzz that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Eligibility and Access

The Site, Services and Ultra Buzz Content are intended solely for persons who are 13 or older. Any access to or use of the Site, Services and Ultra Buzz Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and Ultra Buzz Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Site, Services and Ultra Buzz Content.

In order to use certain current or future portions or functionalities of the Site, Services or Ultra Buzz Content, you may be required to register for a user name and password (creating a “Ultra ID Account”). Ultra Buzz reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Ultra Buzz’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your Ultra ID Account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your Ultra ID Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify Ultra Buzz immediately of any unauthorized use of your Ultra ID Account credentials or any other breach of security with respect to your Ultra ID Account. Ultra Buzz will not be liable for any loss or damage arising from unauthorized use of your Ultra ID Account credentials prior to you notifying Ultra Buzz of such unauthorized use or loss of your credentials.

You agree to provide accurate, current, complete and non-misleading information to Ultra Buzz in connection with your creation of an Ultra ID Account and during your use of the Services. Ultra Buzz reserves the right to suspend or terminate your access to the Site and/or Services if any information provided to Ultra Buzz in connection with your Ultra ID Account or use of the Site and/or Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated with your Ultra ID Account are returned as undeliverable, Ultra Buzz reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. You agree that you will not use the Ultra Buzz Ultra Buzz Application to access or use third party services to which you do not have the right to access. If you are not a Ultra Buzz ID User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to Ultra Buzz App Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a Ultra Buzz Account may be required for access to certain Services).

Third Party Materials and Agreements

You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the Ultra Buzz Ultra Buzz to find and view material on the Internet, you are directing Ultra Buzz to present the Third Party Materials that you have selected to you and enable other users to discover such materials in accordance with your preferences. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials or User Content (defined below), and Ultra Buzz disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content via a Ultra Buzz Ultra Buzz. You further assume all responsibility for any data charges that you may incur for use of the Ultra Buzz Ultra Buzz and/or access to any Third Party Materials or User Content. Your ability to access or link to Third Party Materials, User Content, or third party services (including any SNS) does not imply any endorsement by Ultra Buzz of Third Party Materials, User Content or any such third party services. You acknowledge and agree that Ultra Buzz: (a) is not responsible for the availability or accuracy of such Third Party Materials or User Content or the products or services on or available from such Third Party Materials or User Content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials or User Content; (c) does not undertake or assume any duty to monitor the Ultra Buzz Application for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Materials or User Content from being accessed through the Services. Notwithstanding the foregoing, Ultra Buzz reserves the right to block or remove User Content or Third Party Materials at any time in Ultra Buzz’s sole discretion.

These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of applicable copyright law, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

Privacy

By using the Services you are subject to Ultra Buzz’s Privacy Policy located at www.ultra.buzz/privacy, which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices concerning Ultra Buzz’s collection and use of your personal information. If you have any questions about the Ultra Buzz Privacy Policy, you may contact Ultra Buzz at privacy@ultra.buzz.

Content

Certain types of content are made available through the Site and Services. “Ultra Buzz Content” means Ultra Buzz proprietary content, including but not limited to, Ultra Buzz trademarks and logos made available through the Site and Services, excluding Third Party Materials and User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that an Ultra Buzz user uploads, posts , compiles or provides to Ultra Buzz via the Site and Services, as applicable.

Ownership

The Site, Services, and Ultra Buzz Content are protected by copyright, trademark and other laws of the United Kingdom and foreign countries. Except as expressly provided in these Terms of Use, Ultra Buzz and its licensors exclusively own all right, title and interest in and to the Site, Services, and Ultra Buzz Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Ultra Buzz Content.

Ultra Buzz claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

User Content

By making available any User Content through the Site and Services, you hereby grant to Ultra Buzz and its users a worldwide, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit (collectively, “Use”) such User Content only on, through or by means of the Site and the Services. Ultra Buzz does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to Use any such User Content. Licenses granted with respect to any photographs, artwork or images uploaded by you will terminate within 30 days following your deletion of such User Content from the Services or the termination of your Ultra Buzz Account, but the license granted by you with respect to any other User Content, including but not limited to any comments regarding any aspect of the Services or communications with another user of the Services, will be perpetual and irrevocable. Notwithstanding the preceding sentence, you hereby acknowledge and agree that Ultra Buzz shall not be liable for any Uses of your User Content by any third party that had access to your User Content during the period in which your User Content was available on or through the Services.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Ultra Buzz the rights in such User Content, as contemplated under these Terms of Use; (b) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Ultra Buzz’s Use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any Use made of the User Content (or any portion thereof) on, through or by means of the Site and the Services.

Copyrighted Materials: No Infringing Use

You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Ultra Buzz has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@ultra.buzz. You acknowledge and agree that all Feedback will be the sole and exclusive property of Ultra Buzz and you hereby irrevocably assign to Ultra Buzz and agree to irrevocably assign to Ultra Buzz all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights therein. At Ultra Buzz’s request and expense, you will execute documents and take such further acts as Ultra Buzz may reasonably request to assist Ultra Buzz to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Interactions Between Users

You are solely responsible for your interactions (including any disputes) with other users. You understand that Ultra Buzz does not in any way screen Ultra Buzz users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Ultra Buzz users. You agree to take reasonable precautions in all interactions with other Ultra Buzz users, particularly if you decide to communicate with Ultra Buzz user offline or meet them in person. Your use of the Site, Services, Ultra Buzz Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Ultra Buzz hereby disclaims any and all liability to you or any third party relating thereto. Ultra Buzz reserves the right to contact Ultra Buzz users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Ultra Buzz to investigate any suspected unlawful, fraudulent or improper activity via the Services.

General Prohibitions

You agree not to do any of the following while using the Site, Services or Ultra Buzz Content:

  • Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including but not limited to in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Ultra Buzz’s name, any Ultra Buzz trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Ultra Buzz’s express written consent;
  • Access, tamper with or use non-public areas of the Site or Services, Ultra Buzz’s computer systems or the technical delivery systems of Ultra Buzz’s providers;
  • Attempt to probe, scan or test the vulnerability of any Ultra Buzz system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ultra Buzz or any of Ultra Buzz’s providers or any other third party (including another user) to protect the Site, Services or Ultra Buzz Content;
  • Access or search the Services or Ultra Buzz Content through the use of any engine, software, tool, agent, device or mechanism other than the software provided by Ultra Buzz or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Ultra Buzz trademark, logo URL or product name without Ultra Buzz’s express written consent;
  • Use the Site, Services or Ultra Buzz Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Ultra Buzz Content to send altered, deceptive or false source- identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Ultra Buzz Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Solicit login information or access an account belonging to someone else;
  • Use Ultra Buzz to do anything misleading, malicious or discriminatory;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Ultra Buzz will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. Ultra Buzz may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

You acknowledge that Ultra Buzz has no obligation to monitor your access to or use of the Site, Services or Ultra Buzz Content or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Ultra Buzz reserves the right, at any time and without prior notice, to remove or disable access to any Ultra Buzz Content, Third Party Materials, and any User Content, that Ultra Buzz, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Termination

Without limiting other remedies, Ultra Buzz may at any time suspend or terminate your account, or refuse to provide you with access to the Site or Services. In addition, Ultra Buzz may notify authorities or take any actions it deems appropriate, without notice to you, if Ultra Buzz suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by Ultra Buzz; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Ultra Buzz users, Ultra Buzz or any other third parties or the Site or Services.

Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

Following termination your account, or if you remove any User Content from Ultra Buzz, we may retain your User Content for a commercially reasonable period of time for backup, archival or audit purposes, and we may retain an archived copy of your records as required by law or for legitimate business purposes. Furthermore, Ultra Buzz and its users may retain and continue to use, store and display any of your User Content that other users have stored or shared through Ultra Buzz.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Ultra Buzz will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES.

Any suspension, termination or cancellation will not affect your obligations to Ultra Buzz under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

Disclaimers

THE SITE, SERVICES, ULTRA BUZZ CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ULTRA BUZZ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ULTRA BUZZ MAKES NO WARRANTY THAT THE SITE, SERVICES, ULTRA BUZZ CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ULTRA BUZZ OR THROUGH THE SITE, SERVICES, ULTRA BUZZ CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold Ultra Buzz, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Ultra Buzz Content, or your violation of these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between Ultra Buzz and you regarding the Site, Services and Ultra Buzz Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Ultra Buzz and you regarding the Site, Services, and Ultra Buzz Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Ultra Buzz’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Ultra Buzz may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices

You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Ultra Buzz (x) via email if applicable (in each case to the address that you provide); or (y) by posting to the Site or Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.

General

These Terms of Use shall not be modified except in a writing, signed by both parties, or by a change to these Terms of Use made by Ultra Buzz as authorized in these Terms of Use. The heading references used in these Terms of Use are for convenience purposes only, do not constitute a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions hereof. The failure of Ultra Buzz to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ultra Buzz. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and Ultra Buzz as a result of these Terms of Use or your use of the Site or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Ultra Buzz other than pursuant to these Terms of Use.

Disclosure

The Services hereunder are offered by Nitro Digital, 13-14 Archer Street, London W1D 7BD. You may contact us by sending correspondence to the foregoing address or by emailing us at www.ultra.buzz


Certain Third Party Software

Part of The Ultra Services are built on Drupal and are licensed under the GNU General Public License, version 2 or later. For more information, visit Drupal.org

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