Buzzdock Terms of Service

Buzzdock LLC (“Buzzdock”) provides software and services (collectively, “Services”) for use by the general public, including the Buzzdock Applications (“Apps”), and other applications to be used online. This Terms of Service Agreement (“Agreement”) constitutes legally binding terms and applies to your use of the Services.

1. Acceptance.

By accessing and/or using the provided Services, you agree and acknowledge to be bound by this Agreement and the Buzzdock Privacy Policy, found here and incorporated herein by reference, whether you are a “Member” (which means you have registered with Buzzdock or a related Service provided by Buzzdock) or a “Visitor” (which means that you simply browse the Services or use the Services without being registered as a Member). The term “User” or “user” refers to a Member or a Visitor. You are authorized to use the Services only if you agree to abide by all applicable laws, rules, and regulations (“Applicable Law”) and the Agreement. Additionally, in consideration for becoming a Member and/or using the services, you must indicate your acceptance of this Agreement. If you do not agree to be bound by this Agreement, please do not use the Services. Buzzdock reserves the right to modify the Agreement at any time, and each such modification shall be effective upon posting with the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as modified. Therefore, it is important for you to review this Agreement regularly.

2. General Usage.

Buzzdock grants you a limited license to use the Services in accordance with this Agreement and the instructions and guidelines posted on the Buzzdock website (“the Site”). In exchange for providing the functionality of the Buzzdock application, users may be shown advertisements within web pages rendered by a browser with the plug-in enabled. Buzzdock reserves the right to discontinue any aspect of the Service at any time. Buzzdock LLC further reserves the right to terminate your license to use the Services at any time and for any reason, or in the future, to charge for commercial usage.

3. Services and User Responsibility.

Users are solely responsible for their use of the Services. You agree not to alter or modify any part of the Services. You agree not to distribute any part of the Services without Buzzdock's prior written authorization, unless Buzzdock LLC allows and provides means for such distribution through the Services.
Buzzdock does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and Buzzdock LLC will remove all Content if properly notified that such Content infringes on another's intellectual property rights (see more in Digital Millennium Copyright Act and Infringing Material below). Buzzdock LLC reserves the right to remove Content without prior notice.

4. Content.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You shall not download any Content except as allowed with the Services. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Buzzdock LLC or the respective licensors of the Content. Buzzdock LLC and its licensors reserve all rights not expressly granted in and to the Services and the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

The Services and/or the Content may feature links to third-party websites not owned or controlled by Buzzdock. The inclusion of a link to a third-party website does not imply any endorsement by or affiliation with Buzzdock LLC and the third-party website. Further, Buzzdock LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites featured with the Services and/or Content and cannot modify the content of any such third-party website. By using the Services, you expressly release Buzzdock LLC from any and all liability arising from your use of any third-party website featured with the Services and/or Content.

5. Digital Millennium Copyright Act and Infringing Material.

Complaints submitted to Buzzdock LLC by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (“DMCA”) are taken seriously and may result in removal of Content deemed to be violating at Buzzdock’s sole discretion, a user’s termination of use of the Services, plus fines or other legal action brought by copyright holders and their agents.

DMCA Complaint

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a complaint pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3), also at www.copyright.gov, for further detail):

An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Buzzdock LLC to locate the material.

Information reasonably sufficient to permit Buzzdock LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with the above requirements for the DMCA complaint, your DMCA complaint may be rendered invalid.

Copyright Agent

Buzzdock’s Copyright Agent to receive notifications of claimed infringement can be reached by mail at Buzzdock LLC , Attn: Copyright Agent, 2701 Loker Ave. West, Suite 200, Carlsbad, CA 92010, or by email at ip@yontoo.com.

Counter-Notice

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Buzzdock LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the complaining party files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Buzzdock's sole discretion.

Other Provisions
Buzzdock may document notices of allegedly-infringing Content upon which Buzzdock LLC acts and may forward notices of alleged infringement to the party that submitted the allegedly-infringing Content, in addition to a third-party which may publish and/or annotate it. Buzzdock LLC generally does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works which Buzzdock, in its sole discretion, deems as reasonable.

7. Additional Intellectual Property.

The trademarks, service marks, and logos (“Marks”) featured with the Services, including Buzzdock, the Buzzdock logo and the Buzzdock design, are owned by or licensed to Buzzdock, subject to trademark, copyright, and other intellectual property rights under the law and may only be reproduced as provided in this Agreement and/or with express written permission from Buzzdock. Other trademarks that appear on the Buzzdock website that are not owned by or licensed to Buzzdock LLC (e.g., trademarks associated with third-party websites shown with links featured on the Services) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Buzzdock.

8. Privacy Policy.

Acceptance of these Terms of Service constitutes acceptance of Buzzdock’s Privacy Policy, which can be seen here. If you do not agree to the Privacy Policy or this Agreement, please discontinue using Buzzdock’s Services.

9. No Warranty and Limitation of Liability.

YONTOO PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YONTOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. YONTOO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. YONTOO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YONTOO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. IN NO EVENT SHALL YONTOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YONTOO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YONTOO SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH YONTOO SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.
The Services are controlled and offered by Buzzdock LLC from its facilities in the United States of America. Buzzdock LLC makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Buzzdock, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.

11. Abillity to Accept Agreement.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.

12. General.

You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Buzzdock website shall be deemed a passive website that does not give rise to personal jurisdiction over Buzzdock, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Buzzdock LLC that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. This Agreement, together with the Privacy Policy here and any other legal notices published by Buzzdock LLC on the Services, shall constitute the entire agreement between you and Buzzdock LLC concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Buzzdock's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Buzzdock LLC reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND YONTOO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Buzzdock and you are independent entities, and nothing in the Agreement, or via use of the Buzzdock website and/or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Buzzdock LLC and you. This Agreement supersedes any previous agreement and represents the entire agreement between Buzzdock LLC and you. Any notices must be sent to Buzzdock in English at terms@yontoo.com.