Buzz 3D VideoChat Plus! distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT FOR BUZZ 3D PC COMMUNICATION
DOWNLOADING OR THE USE OF BUZZ 3D PC COMMUNICATION SERVICES BINDS YOU TO THE TERMS OF THE FOLLOWING LEGAL END-USER LICENSE AGREEMENT.
This End-User License Agreement ("EULA") for any of VR Marketing`s Buzz 3D PC Communication Services BUZZ 3D VIDEOCHAT, BUZZ 3D BUZZMAIL and BUZZ PROXY GATEWAY SOFTWARE is a legal agreement between you (either as an individual or a corporate entity) and Virtual Reality Marketing (UK) Ltd (trading as VR Marketing and Buzz 3D) for BUZZ 3D SOFTWARE which includes not only the computer software but also any associated media and may include "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying or otherwise using BUZZ 3D VIDEOCHAT and any other BUZZ 3D PC COMMUNICATION SOFTWARE referred to above you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not proceed with the installation of and / or promptly delete the SOFTWARE PRODUCTS that you have downloaded onto the hard drive of your computer or onto floppy disk(s), CD-ROM, or any other storage media/medium.
The following are the TERMS & CONDITIONS OF USE (the "Agreement") governing the use of Buzz 3D PC Communication software (the "Services") (available from www.buzz3d.com or other download sites, CD-ROM, etc) by Buzz 3D subscribers ("Users") as offered by VR Marketing and Buzz 3D. You may print the text of this Agreement from this page by copy/pasting it into your choice of word processor, or refer to the copy of this Agreement that can be found at - www.buzz3d.comcompany_legal_videochat.htm
1. GRANT OF LICENSE
This EULA grants you the following limited, non-exclusive rights: You may install and use BUZZ 3D VIDEOCHAT PC COMMUNICATION and BUZZ PROXY GATEWAY SOFTWARE in association with Microsoft`s Windows 95/98/ME/2000/XP operating systems.
Please read this Agreement carefully before registering to become a User of the Services. By choosing to register, you agree to be bound by this Agreement, and indicate such agreement by clicking the "I ACCEPT" button at the end of this Agreement. If you do not agree to this Agreement, click "I DO NOT ACCEPT", and do not access the Services. You will not be able to access the Service unless you click "I ACCEPT". You agree that your use of the Service will be subject to the most current version of this Agreement at the time of such use.
a) Only individuals who are at least eighteen (18) years of age are eligible to use the Services and thereby become Users. By clicking on the "I ACCEPT" button below you warrant and represent that you are at least eighteen (18) years of age. Minors, age 13 and older, may only use the Services under the direct supervision of a parent or legal guardian who is a User.
b) No part of the Service is designed or directed to children. To register for the Service you must be at least eighteen (18) years of age. Therefore, neither VR Marketing or Buzz 3D knowingly collect personally identifiable information from any minor and thus is not subject to the Children`s Online Privacy Protection Act.
4. EXCLUSIVE TO THE SERVICE
This Agreement applies only to the Services specified in this Agreement. VR Marketing and Buzz 3D may have other Terms and Conditions regarding the use of other services and products.
5. THIRD PARTY SITES
b) Neither VR Marketing or Buzz 3D monitor, endorse or guarantee, and assume no responsibility for Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites.
c) Neither VR Marketing or Buzz 3D have any control over Affiliate Sites or the content, transactions or services within them. VR Marketing and Buzz 3D cannot and do not guarantee, represent, or warrant that the content contained in the Affiliate Sites, including, without limitation other links, is accurate, legal, and/or inoffensive.
d) VR Marketing or Buzz 3D have no liability for the failure of Affiliate Sites to provide a service or any errors in or omissions regarding any information within Affiliate Sites.
e) VR Marketing or Buzz 3D do not represent or warrant that an Affiliate Site will not contain computer viruses or other harmful code that could impact your computer or other web access device.
f) VR Marketing or Buzz 3D disclaim any and all liability for, or in connection with, any transaction or activity related to Affiliate Sites.
6. ACCEPTABLE USE
a) Subject to this Agreement, VR Marketing or Buzz 3D grants you a limited, non-exclusive, non-transferable license to display and view communications, text, audio video, graphics, sounds and other material ("Content") through the Services.
b) You may not use the Service for anything other than its stated lawful purpose. Regardless of the location from where the Service is used or accessed, you agree to comply with all applicable laws, regulations, statutes and ordinances in connection with the use of the Service.
c) By offering the Service, VR Marketing or Buzz 3D do not undertake any obligation to monitor, regulate or otherwise control User-initiated Content and expressly disclaim all liability and responsibility for such Content.
i) Information disclosed to other Users of Buzz 3D PC Communication Services becomes public information, and as such you should exercise caution when deciding to disclose your personal information.
ii) By accepting this Agreement, you acknowledge that your use of the Service(s) is at your own risk and that some of the Content in the Service may be inaccurate, objectionable or may violate a third party`s rights or applicable law.
d) As Buzz 3D PC Communication Services are `peer-to-peer` services, that is a direct link between two or more computers, examples of prohibited uses include, without limitation:
i) interference with another user`s use and enjoyment of the Service(s) or another individual`s or entity`s use and enjoyment of similar services;
ii) violation of any party`s proprietary, publicity, privacy, or other right;
iii) misuse or disclosure of a party`s confidential or proprietary information;
iv) downloading, uploading, or otherwise exporting programs or content from the Service(s) in violation of English law;
v) transmission, storage, or knowing receipt of any obscene or pornographic material including displays of nudity and/or sexual activities or engaging in any misleading, tortious, defamatory, libelous, or offensive activity;
vi) transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
vii) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, by way of Buzz ID mining or any other means;
viii) disruption of the Service, Users, and/or connected services through the use of methods such as viruses, Trojan horses, worms, time bombs, cancelbots, denial of service attacks, flooding, or spamming;
ix) resell, rent or lease the Services;
x) copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute Content in any way, except as expressly permitted herein;
xi) conduct or facilitate surveys, contests, pyramid schemes, chain letters, junk e-mails, spamming or any duplicative or unsolicited messages (commercial or otherwise);
xii) advertise or offer to sell or buy any goods or services for any non-personal purpose;
xiii) harvest or otherwise collect information about others without their consent;
xiv) create a false identity for the purpose of misleading others as to the identity of the user;
xv) use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any directory of the Users or other User or usage information or any portion thereof other than in the context of your use of the Services as permitted under this Agreement.
e) Users are expressly prohibited from using the Services or directories of Users to send spam or other unsolicited bulk e-mail. Due to the possibility of damage to the equipment and reputation of VR Marketing or Buzz 3D and its Service Providers, you agree that it is reasonable for you to pay VR Marketing or Buzz 3D damages of £5 per item of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account.
f) If you observe any offensive behaviour or other violations this Agreement, please email VideoChat@buzz3d.com reporting exactly what happened together with the Buzz ID of the offender. VR Marketing or Buzz 3D will then do their best to take reasonable action against the offender, including but not limited to, restricting the offender from using Buzz 3D PC Communication services.
Either you or VR Marketing or Buzz 3D may terminate this Agreement at any time for any reason upon notice. VR Marketing and Buzz 3D reserve the right to terminate this Agreement for any breach thereof without prior notice.
8. DOWN TIME
VR Marketing and Buzz 3D will take commercially reasonable and financially viable measures to ensure the Services are available without significant interruption, notwithstanding scheduled downtime needed to help maintain effective operation of the Services. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will VR Marketing or Buzz 3D be liable to any party for any loss, cost or damage that results from any period of down time suffered by the Services.
9. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, VR Marketing and Buzz 3D expressly disclaim any warranty for Buzz 3D PC Communication Services, including, without limitation, the implied warranty of fitness for a particular purpose. Buzz 3D PC Communication software and any related media or documentation is provided "as is" and on an "as available" basis, where applicable. VR Marketing and Buzz 3D do not warrant that the Services contain accurate information or will be free from bugs, defects or errors, or accessible without interruption. VR Marketing and Buzz 3D make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, or any other warranty, condition, guarantee, or representation, whether oral, written, or in electronic form, including but not limited to the quality, accuracy, usefulness, timeliness or completeness of any information provided hereon. The entire risk arising out of use or performance of the software product remains with you.
10. LIMITATION OF LIABILITY
VR Marketing or Buzz 3D, its officers, directors, employees, agents, and content providers will not be liable for any consequential, special, or punitive damages or losses you may incur in connection with the Buzz 3D PC Communication Services, your use thereof, or any of the information, data or other material transmitted through or residing on the Service, or any errors, defects, interruptions, corruption of data, deletions or losses of business profit resulting therefrom, or any other pecuniary loss arising out of the use of Buzz 3D PC Communication Services regardless of the type of claim or the nature of the cause of action, even if VR Marketing or Buzz 3D have been advised of the possibility of such damage or loss. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against VR Marketing or Buzz 3D from losses or damages you sustain in connection with your use of the Services.
In the event that any exclusion, disclaimer or other provisions contained in this Agreement shall be held invalid for whatever reason and VR Marketing or Buzz 3D are adjudged liable for any loss or damage, VR Marketing`s or Buzz 3D`s entire liability and your exclusive remedy under the terms and conditions of this EULA, whether in contract, negligence or otherwise shall not exceed US$1.00 (One United States dollar).
Furthermore, you acknowledge that the allocation of risk in this license reflects the price paid for Buzz 3D PC Communication Services.
11. USER INFORMATION AND PRIVACY
a) VR Marketing and Buzz 3D recognise the importance of protecting the privacy of Buzz 3D PC Communication Users and wish to provide efficient and relevant information to Users of the Service(s). In order to serve our customers, VR Marketing or Buzz 3D collect and analyses information provided by you when using the Service.
b) By registering for the Service you provide details about yourself, including but not limited to a valid email address, and (for paid services) a permanent residential billing address. We will then supply you with a Buzz ID and temporary Password, which you can subsequently change to one of your own choice. You may not disclose or share your Buzz ID or Password with any unauthorised third parties or use your Buzz ID or Password for any unauthorised purpose(s). If you lose control of either your Buzz ID or Password, you may lose control over your sensitive information on the Service and you agree that neither VR Marketing nor Buzz 3D will be responsible. If you believe that your Buzz ID or Password has been stolen or otherwise compromised, immediately change your Buzz ID or Password via the Account Administration facilities provided for you in the SOFTWARE PRODUCT and contact Buzz 3D PC Communication Customer Support.
c) Other than information posted by Users, VR Marketing or Buzz 3D may also collect and analyse other User information. This other information includes, but is not limited to the following:
i) Personally Identifiable Information - By electing to become a registered user of the Service, you may provide personally identifiable information to VR Marketing or Buzz 3D. "Personally identifiable information" is information that would allow someone to identify or contact you, including, for example, your name, address, and email address. VR Marketing or Buzz 3D collect such personally identifiable information in order to provide services to you which require reasonable proof of identity.
ii) Aggregate or Demographic Information - VR Marketing or Buzz 3D may collect and analyse aggregate data assembled from information collected via the Service. Aggregate information is collected in order to better understand the demographics and usage patterns of Buzz 3D PC Communication Users, so that VR Marketing and Buzz 3D can provide the highest level of service to our customers. Such aggregate data is not generally personally identifiable or linked to a specific User.
iv) IP Addresses - All networks connected to the internet use IP, the technical standard which allows data to be transmitted between two devices. TCP/IP (Transmission Control Protocol/Internet Protocol) is responsible for making sure messages get from one host to another and that the messages are understood. If you are connected to the Internet you have an IP address, for example it may look something like this 220.127.116.11. VR Marketing or Buzz 3D require IP addresses in order to link Buzz 3D PC Communication Users with each other. VR Marketing and Buzz 3D, as well as Internet Service Providers, may log these IP addresses and analyse them to understand where requests originate. Such analysis enables VR Marketing and Buzz 3D to produce traffic volume statistics that can be helpful in understanding online traffic, thus enabling VR Marketing and Buzz 3D to enhance its users` online experience.
d) VR Marketing and Buzz 3D may use your information on an aggregated basis to do such things as operate the Service, and offer enhanced services.
e) Where Users of Buzz 3D PC Communication Services have been referred to VR Marketing or Buzz 3D by a 3rd Party (as part of a membership enrolment associated with their site), and where that 3rd Party has a public database of members VR Marketing or Buzz 3D will allow the 3rd Party in question to retrieve from our servers the Buzz ID for publication on their site. Any connectivity between Buzz 3D PC Communication Users is pre-empted by a dialog that states the Buzz ID of the individual seeking contact which can be either accepted or declined.
f) Notwithstanding anything to the contrary set forth herein, in connection with an assignment, sale, combination, merger, acquisition, joint venture or other transfer or disposition of some or all of the assets of VR Marketing or Buzz 3D, or its affiliated entities, you agree that VR Marketing or Buzz 3D can accordingly assign, license or transfer any information, including personally identifying information, that you have provided to VR Marketing or Buzz 3D to those third parties directly involved in the transfer or disposition of such assets.
g) Virtual Reality Marketing (UK) Ltd is Registered in accordance with The Data Protection Act 1998 and as such you are entitled to find out what information about you is held on our computers, this is known as the `right of subject access`. You can write to us at Virtual Reality Marketing (UK) Ltd, PO Box 26, Moreton-in-Marsh, Gloucestershire, UK, GL56 0ZD. Please do not forget to include the required £10 Administration Fee and we will respond within 30 days.
a) Buzz 3D Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights, title and copyright in and to Buzz 3D Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets", incorporated into Buzz 3D Software, and any copies of the software product), are owned by VR Marketing.
b) VR Marketing and Buzz 3D retain all rights with respect to the Service. All Content included or available on the Service, including trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology and the selection and arrangement thereof, are the sole and exclusive property of VR Marketing and Buzz 3D, its licensors, or its licensees.
c) The Content on the Service is the proprietary property of VR Marketing and Buzz 3D, its licensors or its licensees and is protected by international copyright and other intellectual property laws. Except as specifically permitted herein, you agree not to duplicate, translate, publish, distribute, modify, extract data from, or otherwise commercially exploit any content. You agree not to frame, or assist third parties in framing or linking into any of the web pages contained in the Services. Such framing or linking is strictly prohibited under this Agreement.
The VR Marketing name, VR Marketing logo, Buzz 3D name, Buzz 3D logo, Buzz 3D VideoChat name, Buzz 3D VideoChat logo, Buzz 3D BuzzMail name, Buzz 3D BuzzMail logo, and all other VR Marketing or Buzz 3D trademarks that appear throughout the Service belong to VR Marketing and Buzz 3D, their affiliates or third party trademark owners, and are protected by UK, U.S. and international trademark laws.
You agree not to display or use in any manner the VR Marketing or Buzz 3D trademarks. Nothing on the Service shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of VR Marketing or Buzz 3D, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Services may be the trademarks of their respective owners.
You acknowledge that VR Marketing or Buzz 3D do not endorse, or act in a representative capacity and are not responsible or liable for or on behalf of you, any Affiliate Site, other Service User, or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless VR Marketing and Buzz 3D, its affiliates and licensors, from and against all suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys` fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of any term, acknowledgement or warranty in this Agreement or any activity by you in relation to the Service or use of the Content.
15. GOVERNING LAW
This Agreement shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of England and Wales, without giving effect to its conflict of law provisions or your actual state or country of residence, excluding its choice of law and also excluding the United Nations Convention on Contracts for the International Sale of Goods. You hereby agree that the courts and/or arbitrators located in England and Wales, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and/or arbitrators and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such legal proceedings. Any judgments obtained by such courts and/or arbitrators may be entered and enforced against you in any jurisdiction where you or your assets are located. Any legal action concerning this Agreement or the Services covered by this agreement must be brought by you within one (1) year after the claim or cause of action arises.
16. CHANGES TO THE AGREEMENT.
VR Marketing or Buzz 3D may change this Agreement from time to time. By continuing to use the Service after VR Marketing or Buzz 3D post any such changes, you accept the Agreement, as modified. The most current version of this Agreement can be found at - www.buzz3d.comcompany_legal_videochat.htm
17. SEVERABILITY AND WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. VR Marketing`s or Buzz 3D`s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
a) Those provisions outlined here that normally would survive after you cease using the Services and Content will survive.
b) No joint venture, partnership, employment or agency relationship exists between you and VR Marketing and Buzz 3D as a result of this Agreement or your use of the Services and Content.
c) Comments, suggestions or materials sent or transmitted to VR Marketing or Buzz 3D shall be deemed to be non-confidential and not subject to any restrictions. VR Marketing or Buzz 3D shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
d) VR Marketing or Buzz 3D reserve the right to charge fees at anytime, for use of Service or other access of Content.
e) Notices sent to you by VR Marketing or Buzz 3D in connection with this Agreement will be delivered to you electronically or by written communication delivered by first class U.K. mail to your address on record in the account information.
f) You may give notice to VR Marketing or Buzz 3D customer service electronically via links on the www.buzz3d.com web site, or by letter delivered by first class postage prepaid U. K. mail or overnight courier to the following address:
Virtual Reality Marketing (UK) Ltd
PO Box 26
e-mail: email@example.com or firstname.lastname@example.org
19. ENTIRE AGREEMENT
a) This Agreement constitutes the entire and final agreement between you and VR Marketing or Buzz 3D with respect to the subject matter hereof and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.
b) No modification or attempted modification of this Agreement by you will be binding on VR Marketing or Buzz 3D unless such modifications are accepted by VR Marketing or Buzz 3D in writing