Availability: We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
User Content Transmitted Through the Site: With respect to the content or other materials you upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Aptibyte LLC and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any Buzzonk-related purpose in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to Aptibyte LLC are non-confidential and Aptibyte LLC will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.
Copyright Complaints: Aptibyte LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Aptibyte LLC of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A written notification of claimed copyright infringement should be emailed to email@example.com or mailed to:
To be effective, the notification must be in writing and contain the following information:
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at Aptibyte's sole discretion, users who are deemed to be repeat infringers. Aptibyte LLC may also at its sole discretion limit access to the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites: The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. Aptibyte LLC has no control over such sites, resources or applications and Aptibyte LLC is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that Aptibyte LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Aptibyte LLC is not liable for any loss or claim that you may have against any such third party.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Aptibyte LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Aptibyte Entities") (1) make no promises, warranties, or representations as to Buzzonk, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Buzzonk on an "AS IS" and "AS AVAILABLE" basis and any risk of using Buzzonk is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Buzzonk. Aptibyte Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Aptibyte LLC, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to Aptibyte LLC ("Claims") will be governed by the internal laws of Washington State, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Vancouver, WA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Vancouver, WA; (2) indemnify and hold Aptibyte Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Site; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
This policy details how data about you is used when you access our websites and services (together, "Buzzonk") or interact with us. If we update it, we will revise the date, place notices on Buzzonk if changes are material, and/or obtain your consent as required by law.
International Users - By accessing Buzzonk or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact our privacy officer at firstname.lastname@example.org.