Buzz Data Inc. provides an online service and collaborative tool set that brings data publishers and data consumers closer together by promoting and hosting the creation of communities of interest around data.
These Terms of Service set out the terms and rules of using the Site for the BuzzData community. They address, amongst other things, who can use the Site, for what you can and cannot use the Site, general payment terms, how either you or we can terminate accounts, and who bears responsibility for the things that can go wrong. These terms also explain what you as a Site user should consider and what you may be responsible for when choosing to publish Your Content or when you use another publisher’s User Content on the Site.
These Terms of Service are meant to assist us in providing the most effective and trusted data hub in the world for its users. We wish to ensure that, as a publisher, you can publish Your Content in a manner and under the terms you decide are best for your data goals. As a user or viewer, we wish to ensure that you can clearly understand how you are able to use the content on the Site and to what extent so that you can avoid using such content inappropriately but also use it to its greatest permitted capacity. If you have any questions or concerns about these Terms of Service, please do not hesitate to email us at firstname.lastname@example.org.
Whether you are a publisher of data or a consumer or both, by using the BuzzData.com web site and the BuzzData Content (collectively, the “Site”), or any services of Buzz Data Inc. (each of “BuzzData”, “we” or “us”), you are agreeing to be bound by the terms and conditions (“Terms of Service”) of this Agreement (the “Agreement”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SITE THROUGH YOUR ACCOUNT TO THE TERMS OF SERVICE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT ACCESS THE SITE OR USE THE SERVICES ON THE SITE.
We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Site or its associated services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: buzzdata.com.
Violation of any of the terms herein may result in the suspension or termination of your BuzzData account. While we prohibit certain conduct and content on the Site, you understand and agree that we cannot be responsible for the content, other than BuzzData Content, posted on the Site and you nonetheless may be exposed to such materials. You agree to use the Site at your own risk.
A. Content Definitions
The following definitions of the various types of content on the Site apply in this Agreement:
“BuzzData Content” means any content on the Site that originates from us, including information about the Site and how to use it, the look and feel of the Site, information about us and our services and any other content uploaded, published posted or contributed in any other manner by us.
“content” means any and all content on the Site and includes data, profiles, information and any other materials relating thereto.
“clone” means i) a copy made on the Site by one user of another user’s User Content; or ii) the action of making one or more copies on the Site by one user of another user’s User Content.
“publisher” means a user of the Site who uploads their User Content to the Site from an external source to the Site.
“User Content” means content uploaded, published, posted or contributed in any other manner to the Site by a user of the Site.
“Your Content” means the content you upload, publish, post, or contribute in any other manner to the Site.
- All users of the Site must be 13 years old or older.
- All users of the Site must be human. We prohibit accounts registered by “bots” or other automated methods on the Site.
- You must provide your user name, a valid email address, and any other information we request in order to complete the registration process and to obtain a BuzzData account.
- If you are an individual user of the Site, your login may only be used by one individual, being you – you are not permitted to share your login with multiple parties. You may, however, create separate logins for as many people as your account plan allows. If you are a corporation, institution, organization or similar entity, you can apply to us to have multiple parties share a single or limited number of logins.
- You are solely responsible for maintaining the security of your BuzzData account and password. You agree that we cannot and shall not be liable for any loss or damage from your failure to comply with these security obligations.
- You are solely responsible for all Your Content and any and all activity that occurs through the use of your account (even when Your Content is posted by others who have access under your account).
- One individual or entity may not maintain more than one free BuzzData account.
- We prohibit the use of the Site for any illegal or unauthorized purpose. You must not, in using the Site, violate any laws in any applicable jurisdiction (including but not limited to criminal, intellectual property or privacy laws). You must not, in using the Site, violate or breach any third party rights (including but not limited to proprietary, contractual or privacy rights) or any confidentiality obligations you bear.
C. Payments, Refunds, Plan Changes
- All BuzzData accounts with paid plans must register a valid credit card. If we are unable for any reason to process a payment on your registered credit card, this may result in the suspension or termination of your BuzzData account(s). Free BuzzData accounts are not required to provide a credit card number.
- If you upgrade from a free plan to any paid plan, we will immediately require that you register a valid credit card and will charge your registered credit card according to the new plan’s rate terms.
- If you are on a paid plan, we will charge your registered credit card in advance on a monthly basis and such payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- All Site fees are exclusive of all taxes, levies, or duties associated with your use of the Site imposed by applicable taxing authorities, and you shall be solely responsible for payment of all such taxes, levies, or duties.
- For any plan upgrade or downgrade, your account’s registered credit card will automatically be charged the new rate on your next billing cycle.
- Downgrading your plan may cause the loss of content, including Your Content, features, or capacity of your account. During the Beta trial of the Site, all users will be on a premium user plan at no charge. When the Beta trial has ended, this plan status may be downgraded for some or all trial users, and such downgrade may result in the loss of content, including Your Content, features, or capacity of such users’ accounts. You agree that we shall not be not liable in any manner for any or all such loss.
D. Cancellation and Termination
- You are solely responsible for properly canceling your BuzzData account. You can cancel your account at any time by sending an email request to email@example.com.
- Upon cancellation of your account, we shall immediately delete your individual profile information associated with this account from the Site. With respect to any of Your Content that has been designated as “public”, we shall immediately delete all data sets uploaded, posted or cloned by the individual profile(s) associated with this account from the Site. With respect to any of Your Content that has been designated as “private”, we shall immediately delete all of Your Content and other information associated with this account from the Site. This deleted information cannot be recovered once your account is cancelled.
- If you cancel your account before the end of your current paid up billing cycle, your cancellation will take effect immediately and you will not be charged for the subsequent billing cycle for that cancelled account.
- We, in our sole discretion, have the right to suspend or terminate your account and refuse you any and all current or future use of the Site, or any other BuzzData service, for any reason at any time. Such termination of access to the Site shall result i) in the deactivation or deletion of your BuzzData account and/or your access to your account, and ii) we shall immediately delete all Your Content associated with the individual profile(s) under your account and may delete all You
- You acknowledge and agree that if for whatever reason your account(s) is cancelled or terminated, we bear no obligation to you to preserve or back-up Your Content in any manner and we bear no liability whatsoever for not doing so.
E. Modifications to the Service and Rates
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service or plan provided thereon (or any part thereof) with or without notice.
- Usage rates for all Site access plans are subject to change upon thirty (30) days notice from us. Such notice may be provided at any time by posting the changes to the Site (buzzdata.com).
- We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance to or of the Site or any service or plan provided thereon (or any part thereof).
F. Intellectual Property and Content Ownership
- Please note that some User Content on the Site will be open data and some will not. Basically, there will be a spectrum of the degree of “openness” you come across when viewing or using User Content on the Site. “Openness” speaks to the requirements and/or restrictions, if any, applicable to how you can view or use specific User Content. As part of the BuzzData community, it is required that all publishers and consumers on the Site respect the degree of “openness” that applies to the User Content they view or use. This is essential to promoting a fair and responsible data user community, that all will feel satisfies their needs and goals.
- We claim no intellectual property ownership in and to Your Content. Your Content remains yours, provided it was yours to begin with.
- We provide all users of the Site with the ability to choose the degree of “openness” applicable to their content. The way we do this is twofold. First, you have the choice to set each of your data sets and associated information and material to be viewed publicly or privately.
(a) By opting for the “public” setting, you hereby agree to license all other Site users to view and use the associated Your Content on a non-exclusive basis.
(b) By opting for the “private” setting, you can invite and approve other Site users to view or use the associated Your Content, on a case-by-case basis.
Second, we provide a selection of data licenses for you to choose from to apply to Your Content that other Site users must agree to in order to view or use Your Content, or you may elect to use your own data license terms. Whatever set of license terms you elect to use, you are solely responsible for ensuring they are lawful and enforceable, including that you are able to apply such license terms in accordance with any pre-existing terms and conditions attached to the content in question, and you are solely responsible for enforcing them against any viewer or user. You agree that by providing data licensing options to you, we are not providing you legal advice in any manner and are in no way liable to you or any third party if you elect to use one of said licenses in any manner.
- If you upload or clone content onto or through the Site, you may add additional data license terms and conditions to any pre-existing ones associated with the content version prior to your upload or cloning, provided you have the ability to do so under any such pre-existing terms and conditions attached to the content in question, and you are solely responsible for ensuring that such additional terms and conditions are not inconsistent with any applicable pre-existing terms and conditions. You also bear sole responsibility, and any liability associated therewith, to ensure that you abide by any and all license terms and conditions associated with the content you upload to the Site, including the obligation to attribute appropriately and use any specified attribution language set out in the associated license terms.
- Once User Content is posted, the data license type chosen by the publisher as per Section F.3. hereunder and associated with said User Content cannot be changed on the Site. If you, as the publisher, wish to change the existing license type, you must advise us of this fact in writing. You acknowledge and agree that we will consider such request on a case-by-case basis but we are not obligated to make such requested change.
- You, as a publisher, may as a term of your chosen data license reserve the right to modify, amend the license terms or even revoke the license altogether. If you elect to modify, amend or revoke your chosen license, under the terms of this Agreement, you are solely responsible for and obligated to: a) ensure that such modification, amendment or revocation is not in breach of your obligations under said license, lawful and enforceable; and b) respond in a timely manner to any reasonable queries we may pose to you, if any, with respect to such modification, amendment or revocation. You acknowledge and agree that if we determine in our sole discretion that your modification, amendment or revocation is in breach of your obligations under said license or are not lawful in any other manner, that we reserve the right to suspend or terminate your account(s) with us.
- If you are granted either “viewer” or “collaborator” status to another Site user’s User Content, you must agree to and abide by any license terms and conditions applicable to this User Content by such other user prior to accessing such User Content and to be granted continued use of such User Content. You hereby acknowledge that other said user may have the right to change your viewer/collaborator status with respect to its User Content on the Site. You also hereby acknowledge and agree that we are in no way responsible or liable to you for any such status change or any loss or damage of any kind whatsoever that you may suffer as a result of such status change.
- If you clone another user’s User Content on the Site, your copy of this User Content on your page(s) shall note the Site name of the user from whom you cloned it. You bear sole responsibility, and any liability associated therewith, to ensure that you abide by any and all license terms and conditions associated with the User Content you clone, including the obligation to attribute appropriately and use any specified attribution language set out in the associated license terms, and that you observe any and all laws applicable to and rights that third parties may have in such cloned User Content.
- You acknowledge that publishers of User Content on the Site may license the use and dealings with respect to their User Content differently on the Site and off the Site. You acknowledge that the license terms that you agree to on the Site may not grant you the right to use or deal in the User Content off the Site.
- If any of Your Content on the Site is designated as “public”, you agree to and license such Your Content to us on the same terms as your chosen associated license and we accept such license terms provided that they grant to us a non-exclusive and indefinite license to use and to deal in such Your Content for the purposes of (a) creating BuzzData “stories” (as defined herein), (b) performing research and development of and for the Site and our business and (c) marketing and promoting BuzzData, the Site, its business and that of any of its subsidiaries or affiliates. If your chosen and associated license does not grant us the foregoing rights, you hereby agree to license and grant us the foregoing rights.
- We do not pre-screen any of the User Content submitted, uploaded, contributed or published by users of the Site. You acknowledge and agree that neither BuzzData, nor any of our employees, officers, directors, shareholders, consultants or advisors bear any liability whatsoever for what you or a third party submits, uploads or publishes to the Site. You agree that we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Site.
- You shall defend us against any claim, demand, suit or proceeding made or brought against us by a third party alleging that Your Content, or your use of the Site in violation of this Agreement, infringes or misappropriates the rights of a third party or violates any applicable law, and you shall indemnify us for any damages finally awarded against, and for reasonable expenses, including but not limited to legal fees, incurred by us in connection with any such claim, demand, suit or proceeding; provided, that we (a) promptly give you written notice of the claim, demand, suit or proceeding; (b) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases BuzzData of all liability); and (c) provide to you all reasonable assistance, at your sole expense. If for whatever reason you do not defend such claim, demand, suit or proceeding, we may elect to defend ourselves, and you shall then indemnify us for any damages finally awarded against, and for reasonable expenses, including but not limited to legal fees, incurred by us in connection with any such claim, demand, suit or proceeding.
G. General Conditions
- Your use of any aspect of the Site or any associated service is at your sole risk. The services on and with respect to the Site are provided on an “as is” and “as available” basis.
- You hereby represent and warrant that you shall not upload, post or contribute any material, data, information or content that would be considered personally identifiable information in any applicable jurisdiction or that would be in breach of any applicable criminal, intellectual property or privacy laws.
- You hereby represent and warrant that you are not prohibited or restricted, whether contractually or otherwise, from publishing, reproducing, disclosing, distributing or otherwise using any of the material, data, information or content, including Your Content, that you upload, post, publish, contribute to or use on the Site. If you are subject to any third party terms and conditions regarding said material, data, information or content, you hereby represent and warrant that by uploading, posting, publishing, contributing to it or using it on the Site, you are not in breach of said terms and conditions.
- Technical support is available via chat on the Site, or email or phone at the following: firstname.lastname@example.org or 1-800-668-0687. Such support is only available in English and is only guaranteed to paying account holders.
- You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology to run the Site. As such, you agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions on the part of such third party providers that may inconvenience your use of the Site or interrupt your use of the Site.
- You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site or its services, BuzzData, or any other BuzzData sites or service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without our express written permission.
- You agree that if you are a publisher or a user of data on the Site, that your use of the Site shall be for the purpose of publishing data, viewing data, sharing data or contributing “stories” about the data. “Stories” means summaries, analyses, articles or commentaries (including but not limited to comments, questions and answers) or any other material or content generated from, based upon or with respect to data sets uploaded or published on the Site.
- You acknowledge and agree that we may, but have no obligation to, remove content and suspend or terminate accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s rights or these Terms of Service.
- Verbal, physical, written or any other form of abuse (including but not limited to threats of abuse or retribution) toward or against any Site user, or BuzzData customer, employee, member, or officer will result in immediate termination of all accounts associated with the offender.
- You understand that the technical processing and transmission of the content on the Site, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. As such, we do not warrant or represent in any manner that Your Content or any other content on the Site, retains its integrity or remains readable at all times.
- You agree that you shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You agree that you shall not transmit any worms or viruses or any code of a destructive nature to or over the Site.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by us) of other Site users, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- We do not represent or warrant that (i) the Site will meet your specific requirements, (ii) access to the Site will be uninterrupted, timely, secure, or error-free, (iii) the content posted on the Site is valid or meaningful; (iv) the results that may be obtained from the use of the Site or the content thereon will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or (vi) any errors in the Site will be corrected.
- You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or any other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) your use of or your inability to use the Site; (ii) the costs you may incur of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or Your Content; (iv) statements or conduct of any third party on the Site; (v) or any other matter relating to the Site.
- Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and us and govern your use of the Site, superceding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and your use of the Site are governed under Ontario law and the laws of Canada as applicable therein.
- Nothing in this Agreement shall be construed or interpreted to make you and us partners or joint venturers or affiliates of any kind, or to make either one an agent or representative of the other, or to afford any rights to any third party other than as expressly provided herein. You are not authorized to bind us to any contract, agreement or understanding.
- Questions about the Terms of Service should be sent to email@example.com.