Privacy and Terms of Service
THE FOLLOWING IS THE TERMS OF SERVICE ON WHICH WE OFFER SERVICES. YOU
AUTOMATICALLY ACCEPTED THESE TERMS WHEN YOU STARTED USING Buzzoodle OR CLICKED
THE "I ACCEPT" OPTION WHEN CREATING/USING AN
Buzzoodle ACCOUNT or Blog.
Buzzoodle is a product of Liquid Learning, Inc.
If you do not accept these terms of service or have any questions concerning
them, contact ron@Buzzoodle.com. We reserve the right to automatically amend
these terms at any time and we will inform you via email of any changes. You
accept the terms of service by accessing Buzzoodle after such a notification.
Buzzoodle is made up of Blogs and Web pages operated by Buzzoodle and its
affiliates and of various products and services which are provided by Buzzoodle,
its affiliates or third party service providers. These Web sites, Web pages,
products and services will be collectively referred to in this Agreement as
"Buzzoodle." "You" or “Customer” means You,
Your company, Your employees, and anyone who has
access to use Your Buzzoodle account. You must be at
least eighteen (18) years of age to subscribe to and use any Buzzoodle service
or product.
- Buzzoodle has limits on file
storage and bandwidth. See quote for more information or contact ron@Buzzoodle.com
for information.
- Payment Terms: You agree to
pay all charges related to your account. All payments for charges will be
made in U.S. Dollars. Monthly and/or Annually charges shall be billed to
Customer’ charge card or Invoiced at the beginning of the annual
period. Any additional services or usage charges will be billed in
arrears. Amounts that are not paid in full within fifteen (15) days of the
billing date will be subject to interest charges of the lesser of one and
one-half percent (1.5%) per month or the highest amount permitted by law,
which interest shall accrue daily. If a Customer does not provide written
notice of a dispute with respect to charges or taxes within six (6) months
of the date of an invoice, such invoice shall be deemed correct and
binding on Customer. In the event Customer fails to pay an invoice within
30 days of invoice date, Buzzoodle may issue a notice of default and may
discontinue services in the event Customer has not fully paid all invoices
within seven (7) days of the default notice.
- Cancellation Terms: Customers
wishing to discontinue usage of the Buzzoodle service must provide a
written request via email to ron@Buzzoodle.com thirty (30) days prior to the cancellation date. If Buzzoodle does
not receive a written notice of cancellation or the Customer does not
receive a confirmation of cancellation, the Customer is responsible for
all billing until the cancellation terms are met.
- UCE/SPAM POLICY: SPAM is
damaging to our business, it degrades the efforts of legitimate marketers,
and it may very well be illegal.
Do not use Email SPAM or content automation techniques in any way
as they may hurt your ranking and image.
- Your Customer Date: All
information on our servers is visible based on your settings and
preferences. You are
responsible for the privacy of your information and information that is
submitted. Buzzoodle will
not use Customer information for any purpose other than for the Customer
account. . Buzzoodle will not use Your customer
information for the purpose of sending unsolicited commercial e-mail to
such customers. See # 11 on privacy.
- You are responsible for
paying for all taxes, hardware, software and services incurred to access Buzzoodle.
- We may add, modify and/or
delete Buzzoodle services at any time at our own discretion.
- You are responsible for
obeying all laws applicable to the use of Buzzoodle and information
dissemination in general.
- We may terminate your Buzzoodle
account immediately if you breach these Terms of Service or if we cannot
verify or authenticate information you provide to us. We may also
terminate your Buzzoodle account if we decide, in our sole discretion, to
discontinue offering you our services. Following termination, we may
remove some or all of your content from our servers or retain it, at our
sole option.
- Privacy is important to us.
However, given the current regulatory and technical environment you should
not have an expectation of privacy in your Buzzoodle account or any
content or information associated with it. For example (without limiting
the foregoing), we may be forced to disclose information to the government
or third parties under certain circumstances, or third parties may
unlawfully intercept your private communications. We cannot ensure that
all private communications or information associated with your Buzzoodle Blog
will remain private. Blog Information is not submitted via secure
connections.
- You may not interfere with or
disrupt the Buzzoodle or servers or any network connected to Buzzoodle.
- You may not reproduce or
redistribute any software available in the Buzzoodle tools and site. You
may not copy or reproduce the Software to any other server or location for
further reproduction or redistribution. You may not decompile, disassemble,
reverse engineer or otherwise attempt to discover any trade secret
contained in the Buzzoodle, or in any product, service or software
provided through the Buzzoodle.
- WE AND OUR SUPPLIERS PROVIDE
OUR SERVICES AND YOUR Buzzoodle NEWSLETTER "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. IN NO EVENT
SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION WITH YOUR Buzzoodle SERVICES OR THESE
TERMS OF SERVICE, WITHOUT LIMITATION. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF Buzzoodle, OR WITH ANY OF THESE TERMS OF SERVICE
OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING Buzzoodle AND ITS RELATED SERVICES AND
PRODUCTS. Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights which vary
from state to state.
Terms of Service concerning your content:
- You are responsible for all
content displayed on pages within your Buzzoodle Blogs and Sites,
including content provided by you or by any person that you give editing
permission. It is your responsibility to check and verify the content
before making it public. Buzzoodle reserves the right to take any action
with respect to your content if we believe it may create liability for us
or may cause us to lose (in whole or in part) the services of our ISPs or
other suppliers.
- The content distributed
through your Buzzoodle Blog Platform: (a) shall not infringe any third
party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (b) shall not violate any law,
statute, ordinance or regulation (including without limitation the laws
and regulations governing export control, unfair competition,
antidiscrimination or false advertising); (c) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (d) shall
not be obscene, contain pornography of any type, or contain child
pornography; and (e) shall not contain any viruses, trojan
horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
or personal information. You may not take any action which imposes an
unreasonable or disproportionately large load on our infrastructure.
- Links within the Buzzoodle service
may let You leave the Buzzoodle site. You acknowledge that the linked sites are not
under the control of Buzzoodle and that Buzzoodle is not responsible for
the contents or operation of such linked sites or any link contained in
such linked site, any changes or updates to such sites, or Web casting or
any other form of transmission received from any linked site. You may not
link to external sites that break the content terms of service
requirements. Buzzoodle is providing these links to You
only as a convenience, and the inclusion of any link does not imply
endorsement by Buzzoodle of the linked site or any association with their
operators.
- For the purposes of
displaying your Buzzoodle Blog on the Internet (at your private URL), you
grant to us the right to exercise appropriate intellectual property rights
with respect to any content you place on your Buzzoodle Newsletter and
Site.
- You may not use content
hosted by Buzzoodle with any blogging provider unless prior written
permission has been obtained.
- Software is built on a
customized version of Wordpress. This software is very stable and
widely used in the community.
We cannot guarantee particular performance for the software.
- The Buzzoodle Install of Wordpress is highly customized to be automated and get
better SEO results. The
customization is proprietary can may not be transferred to another Wordpress host.
- Client owns all data they
create and may export it via RSS feeds at any time.
- Hosting does not include high
bandwidth video or other multimedia beyond images.
When using Buzzoodle you may NOT:
- Publish, post, distribute,
advertise, disseminate or link to any: (i)
content, site, name, topic, material or information which is
inappropriate, profane, defamatory, libelous, slanderous, infringing,
obscene, indecent, or which contains nudity or adult content; (ii)
software, content or other material protected by intellectual property
laws, copyright licenses, rights of privacy or publicity, or other
proprietary rights, unless You own, or control such rights or have
received all necessary consents for Your publication, distribution, or
linking of such software and other materials; (iii) software, content or
other material that contains viruses, worms, corrupted files, cracks or
that may or are intended to damage the operation of or render inoperable
another's computer, hardware, software, security measures or system or
other programs written to defeat the security measures of any computer,
system or programs; (iv) software, content, other material or Web site that
constitutes "hate speech", whether directed at an individual or
a group, and whether based upon the race, sex, creed, national origin,
religious affiliation, sexual orientation or language of such individual
or group;
- Sell, offer to sell,
distribute, promote, disseminate, facilitate or link to any sites for
marketing, sales, promotion, facilitation or distribution of: firearms;
explosives; ammunition; liquor; tobacco products; illegal gambling
(including gambling in connection with sporting events); food that is not
packaged or does not comply with all applicable laws for sale to consumers
by commercial merchants; illicit drugs, pharmaceuticals and controlled
substances; counterfeit, pirated or stolen goods; any goods or services
that infringe or otherwise violate a third party's rights including
copyright, patent, trademark, or rights of publicity or privacy; goods
that are considered indecent, obscene or pornographic; Nazi memorabilia;
registered or unregistered securities; goods or services that You cannot
legally sell; goods which are misrepresented or which do not in fact
exist; fraudulent goods; goods or activities that if sold via any Buzzoodle
services or Your Web site would cause Buzzoodle to violate any law,
statute or regulation; or any other illegal activity;
- Harvest or otherwise gather
information about third parties, including e-mail addresses, without the
express consent of such third parties.
- Violate any applicable
government laws or regulations.
General Terms of Service
- These Terms of Service shall
be governed in all respects by the laws of the State of Ohio
as such laws are applied to agreements entered into and to be performed
entirely within Ohio between Ohio residents.
Both parties submit to jurisdiction in Ohio
and further agree that any cause of action arising under these Terms of
Service shall be brought in a court in Akron, Ohio.
We do not guarantee continuous, uninterrupted or secure service, and we
are not liable if you are unable to access your Buzzoodle account or our
services. If any provision of these Terms of Service is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Our failure to act with respect to a breach
by you or others does not waive our right to act with respect to
subsequent or similar breaches. You may not assign or transfer these Terms
of Service or your rights in your Buzzoodle account, and any attempt to
the contrary is void. These Terms of Service sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof.
- The services hereunder are
offered either originally or through private label as Buzzoodle by Liquid
Learning, Inc., located at PO
Box 295., Kent, OH 44240.
Fees for services are described in the product information section of our
website.
- Client acknowledges that Buzzoodle
is an organic search engine strategy and no one can guarantee specific results from search engines as how search engines
rank pages is out of our control. Factors that may influence search
ranking include 1) Keyword Competition 2) Writing 3) Page Optimization 4)Any number of other factors that search engine
companies deem appropriate.
Client understands that performance will vary.
Hosting Service Level
Agreement (“SLA”)
- Buzzoodle hosts all sites in
state of the art data centers.
Our providers guarantee hosting to 99% or more. Because the data center is not in
our control, we cannot guarantee uptime. Uptime includes the functioning of
all network infrastructure within datacenter facilities, the web
server, database server servers, email server, and the software that is
run on those servers (collectively, the “Service Provider
Network”). Downtime exists when Client is unable to visit the
website or login in to the web application as a result of a failure of the
Service Provider Network. This Service Level Agreement does not cover
Client’s connection to the Internet or any systems or software
outside of the Service Provider Network.
- If for some reason the
Hosting Service does not meet your standards, Client may request a refund
in the amount of 5% of their monthly fee for each 30 minutes of continuous
downtime (up to 50% of Client’s monthly fee). Alternatively, if no
single period of downtime was 30 minutes or greater, Client may request a
refund equal to the percentage of downtime during the affected month
multiplied by Client’s monthly service fee. In either case, such
refund will be Client’s sole remedy for the failure of Service
Provider to maintain 99% uptime during a given month.