Terms and Conditions

BzzAgent's^® Terms & Conditions are in the Full Version link, as written by our legal team.

The short, understandable version is this:

• The content on this site is the property of BzzAgent, and our clients.
• To be a participant in the BzzAgent community, you must act appropriately. If you don't, we'll have to kick you out.
• The Code of Conduct is important. Follow it.
• We're not liable.
• Using the site means you're taking part in campaigns, polls, surveys and other word of mouth (WOM) activity. We can offer any/all of this to whomever we want.

Here's that long, legal version:

BzzAgent Terms of Service Agreement

Welcome to BzzAgent, an online community designed to harness consumer's passions to utilize, understand and measure naturally occurring word of mouth (WOM). The BzzAgent website (the "Site") and the services offered on or via the Site from time to time (the "Services"?) are offered and operated by BzzAgent, Inc. ("BzzAgent"). By using the BzzAgent Site you agree to be bound by these Terms of Service (this "Agreement"). Use of the site includes simply acting as a visitor (meaning someone who browses pages on the Site without registering) or registering as a member of the BzzAgent community (a "Participant") and partaking in the activities offered to Participants. You are only authorized to access this Site or to use the Services, including materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you wish to make use of the Site and Services offered by BzzAgent from time to time, including, without limitation, "Campaigns,"? "Frogs"? and "BzzScapes,"? read this Agreement and reaffirm your acceptance during the registration process. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the Service immediately.

This Agreement sets out the legally binding terms of your use of the Site and may be modified by BzzAgent at any time and without prior notice, such modifications to be effective upon posting by BzzAgent on the Site. Your continued use of the Site and the Services after BzzAgent posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. This Agreement includes and incorporates BzzAgent's acceptable use policy for content posted on the Site, BzzAgent's Privacy Policy, and any notices regarding the Site. This Agreement also includes and incorporates the BzzAgent Code of Conduct, which governs your behavior as a member of the BzzAgent community and is applicable to all Participants.

1. Eligibility and Responsibility. You must be 13 years of age or older to visit or use the Site in any manner. By using the Site, you represent and warrant that you are 13 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms, and that you will use the Site solely for your personal, noncommercial use, in a manner consistent with any and all applicable laws and regulations. You agree to abide by the Code of Conduct. You must not resell or assign your rights or obligations under this Agreement. In registering on the Site, you will be establishing an account (an "Account"?). You must not create multiple Accounts or Accounts using false or someone else's personal information.
2. Term. This Agreement will remain in full force and effect while you use the Site and/or are a Participant. You may terminate your participation in the BzzAgent community at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. BzzAgent may terminate you as a Participant for any reason, at any time. Even after your participation is terminated, this Agreement will remain in effect.
3. Use by Users. The Services are for personal use, which may involve promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by BzzAgent. BzzAgent reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Services, including collecting usernames, user id numbers, and/or email addresses of Participants by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Unauthorized commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos without notice or explanation and may result in termination of Participant privileges. BzzAgent reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.
4. Password. When you sign up to become a Participant, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Participant at any time or to disclose your password to any third party. You agree to notify BzzAgent immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
5. Submitted Content. On certain pages of the Site, you will be able to link, upload, publish or display (collectively, a "post") on or through the Service images, photos, videos, sounds, musical works, works of authorship, applications, profiles (including your name, image, and likeness), messages, notes, text, advertisements, listings, links to third party web sites and other information or content (collectively the "Submitted Content"). You are solely responsible for the Submitted Content that you post on or through the Site, or transmit to or share with other users and the consequences of posting or publishing them. You understand and agree that BzzAgent may, but is not obligated to, review the Site and may delete or remove (without notice) any Submitted Content in its sole discretion, for any reason or no reason, including Submitted Content that in its sole judgment violates this Agreement or the BzzAgent Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submitted Content you post on the Site or provide to BzzAgent.
   
   By submitting your Submitted Content to any Site, you represent and warrant that either such Submitted Content is your own original work or that you own or have the necessary licenses, rights, consents, and permissions to use and authorize BzzAgent to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the applicable Sites and this Agreement. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Submitted Content posted by you on the Site or through the Services.
6. Proprietary Rights in Submitted Content on the Site. BzzAgent does not claim any ownership rights in your Submitted Content, except in regards to BzzReports as per the terms below. By posting the Submitted Content on or through the Services, you hereby grant to BzzAgent, its affiliates, partners and clients and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, copy, modify, publicly perform, publicly display, reformat, translate and excerpt (in whole or in part) such Submitted Content, and to grant and authorize sublicenses of the foregoing to its affiliates, partners and clients including the advertisers of specific brands or products being discussed (the "Advertisers"?) for display via third party websites or applications (for example, an Advertiser sublicense Submitted Content to repurpose on its own or other third party website). After you remove your Submitted Content from the Site, BzzAgent will cease public distribution via the Site as soon as practicable. However, nothing herein shall be deemed to terminate or impact the use rights granted by BzzAgent to third parties regarding such Submitted Content prior to such removal. Moreover, to the extent that you post original communications regarding word of mouth activities ("BzzReports"?) or other textual content on the Site (the "User Comments"?), you hereby assign and all rights to the User Comments to BzzAgent and BzzAgent, its designees, licensees or assignees will be free to use, copy, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate the User Comments in other works in any media, with such rights extending to all data, images, sounds, text and other things embodied therein for any and all commercial or noncommercial purposes. If you do not wish to grant such rights to BzzAgent, do not submit content to the Sites.
7. Protecting Copyrights and Other Intellectual Property. BzzAgent respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. BzzAgent has the right to terminate the Account of infringers.
   
   If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send BzzAgent's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. BzzAgent's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, BzzAgent, Inc., 500 Harrison Avenue, Boston, MA 02118, Fax: (617) 451-2299; Attn: Copyright Agent. BzzAgent's Copyright Agent for notification of claimed infringement can also be reached electronically by sending an e-mail to abuse@bzzagent.com. BzzAgent provides certain tools and technologies to help facilitate copyright owners' control over their copyrighted works.

8. BzzAgent Content. The contents of the Services, the Site, and of all other websites under BzzAgent's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other content, excluding any Submitted Content (collectively, "BzzAgent Content") and the compilation (meaning the collection, arrangement and assembly) of all BzzAgent Content, are protected under both United States and foreign copyright, trademark and other laws. As between you and BzzAgent, the Services and the BzzAgent Content shall remain BzzAgent's exclusive property. BzzAgent hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BzzAgent Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services. You must retain all copyright, trademark, service mark and other proprietary notices contained in BzzAgent Content on any permitted copy you make of BzzAgent Content. Except as provided below, you may not sell or modify BzzAgent Content or reproduce, display, publicly perform, distribute or otherwise use BzzAgent Content in any way for any public or commercial purpose. The use of BzzAgent Content on any other web site for any other purpose is prohibited.
9. BzzAgent Copyrights and Trademarks. All materials included on the Site including but not limited to text, design, graphics, interfaces or code, and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of BzzAgent, Inc. or its clients, unless otherwise noted or attributed. BZZ, BZZCHANNEL, BZZCAMPAIGN, BZZNETWORK, BZZAGENT, HIVE HAPPENINGS, and the stylized Bee Logo are registered trademarks of BzzAgent, Inc. Â^© 2009 BzzAgent, Inc. All rights reserved. Text excerpts, diagrams, logos or other information may be quoted within the content of this site, and the respective copyright holders retain their rights to this material. You may download, view, e-mail, copy and print materials and graphics incorporated in the documents from this Site subject to the following: (1) the documents may be used solely for involvement in activities offered on the Site or personal, informational, non-commercial purposes; and (2) the materials may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any BzzAgent Content from the Site in whole or in part without the prior written permission of BzzAgent.
10. Security Rules. You must use the Services in a manner consistent with any and all applicable laws and regulations. Prohibited Submitted Content includes, but is not limited to, content that, in the sole discretion of BzzAgent:
    • is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • exploits people in a sexual or violent manner;
    • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
    • solicits personal information from anyone under 18;
    • publicly posts information that poses or creates a privacy or security risk to any person;
    • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
    • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • involves commercial activities and/or sales without prior written consent from BzzAgent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    • includes a photograph or video of another person that you have posted without that person's consent; or
    • violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.

    The following are examples, without limitation of the kind of activity that is illegal or prohibited on the Site and through the use of the Services:

    • criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid schemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    • advertising to, or solicitation of, any user to buy or sell any products or services through the unauthorized or impermissible use of the Services;
    • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
    • forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;
    • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
    • interfering with the access of any User, host or network to the Site;
    • covering or obscuring the banner advertisements on your personal profile page, or any BzzAgent page via HTML/CSS or any other means;
    • including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Submitted Content which is unrelated to the immediate aesthetic nature of the Submitted Content;
    • any automated use of the system, such as, but not limited to, using scripts to send images or videos;
    • interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
    • impersonating or attempting to impersonate another User, person or entity;
    • using the Account, username, or password of another Participant at any time or disclosing your password to any third party or permitting any third party to access your Account;
    • selling or otherwise transferring your profile;
    • any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
    • an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person or
    • deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Submitted Content except your own Submitted Content;
    • using any meta tags or other hidden text or metadata utilizing a BzzAgent name, trademark, URL or product name without BzzAgent's express written consent;
    • attempting to probe, scan or test the vulnerability of any Service or breach any security or authentication measures;
    • collecting or store personal data about other users without their express permission;
    • impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud;
    • using the Services in a manner inconsistent with any and all applicable laws and regulations; or
    • violating the Site's system or network security.
    
    
    BzzAgent will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Participants who are involved in such violations. BzzAgent reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Account, Profile and Submitted Content from BzzAgent and the immediate termination of, and termination of BzzAgent services and the services of other BzzAgent sites to you, upon any breach by you of these Terms or if BzzAgent is unable to verify or authenticate any information you submit to BzzAgent or any other BzzAgent site.
11. The Company's Liability. BzzAgent is only a venue and BzzAgent does not screen or censor the Profiles or Submitted Content offered. The Submitted Content on this Site does not necessarily reflect the opinions or ideals of BzzAgent, its clients or their employees, affiliates or the Advertisers. BzzAgent (a) does not represent or warrant the accuracy of any statement or product claims made here, (b) is not responsible for any such content on this site, and (c) does not endorse any opinions expressed on this fan page. We are under no legal obligation to, and generally do not, control the Submitted Content or information provided by other Participants that is made available through the Site or the Services. Profiles and third-party applications created and posted by users on the Site may contain links to other websites. When you access these third-party sites, you do so at your own risk. BzzAgent takes no responsibility for third-party links, applications or services that are posted on or through the Site or Services, nor does it take any responsibility for the goods or services provided by its Advertisers or third party websites or applications. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site or the Services.
    
    Because Participant authentication on the Internet is difficult, BzzAgent cannot and does not confirm that each Participant is who they claim to be. Because we do not and cannot be involved in Participant-to-Participant dealings or control the behavior of participants on any BzzAgent Site, in the event that you have a dispute with one or more Participants, you release BzzAgent (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Services are provided "AS-IS" and as available and expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
    
    BzzAgent may provide links to other websites or resources of possible interest to Participants. When you access these third-party websites or otherwise use or rely on such content, you do so at your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that BzzAgent is not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
12. Disclaimer of Consequential Damages. IN NO EVENT SHALL BZZAGENT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY BZZAGENT SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY BZZAGENT SITE AND THE BZZAGENT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BZZAGENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability. BzzAgent, its directors, officers, employees, clients, agents and affiliates shall not be liable for any damages, special, consequential or otherwise, arising out of, or in any way connected with your participation in the program, the use of information provided by you in connection with the Services, any statements made by you, or the merchandise or services obtained by you through points, rewards or other special offers or perks redeemed or otherwise exercised by you under the program. BzzAgent disclaims any liability or obligation in connection with any points, rewards or special offers (including without limitation discounts or coupons) offered by third parties through the BzzAgent website. BzzAgent's maximum liability arising out of or in connection with any BzzAgent site or your use of BzzAgent, or the BzzAgent Content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.
    
    Some jurisdictions limit the exclusion of damages or limitation of liability, so the above exclusions and limitations may not apply to you. If any part of the exclusions of damages or limitation of liability set forth above is unenforceable under applicable law, BzzAgent and its affiliates' aggregate liability will be limited to the maximum extent permitted by law.
14. Confidentiality. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any Submitted Content posted to the BzzAgent Sites will be considered non-confidential and non-proprietary. You are responsible for maintaining the confidentiality of your Account and password, whether or not use thereof is authorized by you. To enhance the value of your experience on BzzAgent, BzzAgent and its affiliates may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation. Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing such information.
15. Privacy. Use of the Site and/or the Services is also governed by our Privacy Policy.
16. Disputes Among Participants. You are solely responsible for your interactions with other BzzAgent Participants. BzzAgent, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Participants.
17. Import and Export Restrictions. This Site is controlled and operated by BzzAgent from its offices within the United States. BzzAgent makes no representation that the products, services and other materials available through this Site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal or prohibited.
18. Right to be Removed from Programs. BzzAgent reserves the right, in its sole discretion, to determine who shall be eligible to participate in any of the campaigns or other programs offered from time-to-time on the Site. Further, BzzAgent may, at its discretion, remove a participant from a "Campaign," Frog, BzzScape or any other program at any time for any reason. If you are removed you will be contacted via e-mail.
19. Fees. You acknowledge that BzzAgent reserves the right to charge for any portion of the Site or the Services and to change its fees (if any) from time to time in its discretion. If BzzAgent terminates your Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
20. BzzAgent Does Not Guarantee Product Shipment. Due to the nature of shipping products, BzzAgent cannot guarantee the condition of products shipped. BzzAgent makes all attempts to ship products (BzzKits"?¢) in a timely manner, but we cannot guarantee a specific timeframe due to the nature of the shipping and fulfillment industry.
21. Products Not Intended for Resale. Any product, service or coupon related thereto offered by BzzAgent is not intended for resale. Any violation (as determined solely by BzzAgent) of this provision by a Participant may result in removal from the applicable campaign or other program, or from BzzAgent and all BzzAgent Sites in general.
22. Contact with Participants. BzzAgent will periodically contact Participants of the BzzAgent community with information, updates and special offers and to provide feedback via e-mail. While BzzAgent makes all reasonable effort to review and edit each communication, BzzAgent shall not be held responsible in the event of any inaccuracies. Should you have any questions or complaints regarding your BzzReport, please contact us.
23. Polls, Surveys, and Sweepstakes. Polls, surveys and sweepstakes sponsored by BzzAgent, merchants and/or strategic partners may be made available on the Site for Participants. Participants are not be required to participate in polls, surveys or sweepstakes in order to use the Site or access an Account. BzzAgent uses the data collected from these activities to assist it and its merchants, advertisers and strategic partners to provide better services and products. Any information provided in such activities shall be subject to our Privacy Policy.
24. Activity-based Benefits. BzzAgent will grant Participants certain privileges and benefits based on a Participant's level of activity in the various BzzAgent "Programs"? in which he or she participates, including Campaigns, Frogs and BzzScapes.. Participants with high levels of activity and involvement in a Program may receive access to special Campaign previews, Campaign pre-registration, and enhanced product and handout packages. BzzAgent will determine which, if any, benefits a Participant is eligible to receive in its sole discretion.
25. Right to Offer Campaigns to Select Participants. "Campaigns" will be offered to participants based on various demographic and psychographic parameters and "Activity" in the BzzAgent system. Determinations regarding which participants may be offered "Campaigns" from time-to-time shall be at the sole discretion of the BzzAgent. If BzzAgent determines that you are eligible to participate in the "Campaign," you will have the ability to join the "Campaign" on the Campaigns You Can Join section of the BzzAgent Site. You may also be contacted directly via e-mail when a "Campaign" is launched.
26. Indemnity. You agree to indemnify and hold BzzAgent, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third-party due to or arising out of your participation in the Program, use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
27. Comments, Complaints and Questions. We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site (including, without limitation, the Communications) shall be and remain the exclusive property of BzzAgent, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.
    
    Should you have any questions or complaints regarding these terms of use, please contact us.
28. Legal Compliance and Applicable Law. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of this Site, and not to use this Site for any purpose that is contrary to any such laws, rules, regulations or orders. All matters relating to your access to, and use of, the Site or any services provided by BzzAgent shall be governed by U.S. federal law or the laws of The Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Suffolk County, Massachusetts. You and BzzAgent agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. The terms of use set forth above shall constitute the entire understanding between BzzAgent and each Participant enrolled and participating in the program. The failure of BzzAgent to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
29. Notices and Legal Disclaimer. BzzAgent from time to time may send you legal or other required notices. You agree that BzzAgent may provide to you required notices, agreements and other information electronically. We will post the notices on the home page of the Site or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information may be changed or updated without notice. BzzAgent, Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
30. Charitable Contributions. From time to time, BzzAgent may offer you the opportunity to select a charity to which BzzAgent will donate a designed amount as a charitable contribution ("Donations"). To participate, you must be a legal resident of the 50 United States and District of Columbia. Participating in the program is subject to this Agreement. BzzAgent can disqualify you from the program if BzzAgent believes you are not complying with this Agreement or if you are suspected of engaging in activities that BzzAgent deems as unlawful or contrary to the goals of the program. BzzAgent may also change the amounts you can accrue in connection with a designated activity at any time during the program. BzzAgent may limit the number of Donations to any charity, and may also limit the daily Donations that may be generated per user. You must not use any bot, macro or other manual or automated way to participate in an activity or the Program in excess of the designated amount. BzzAgent reserves the right to withhold Donations from any user or charity suspected of activities that violate the Terms or are otherwise unlawful. Donations are not your personal property. Once you make a donation, it cannot be cancelled or refunded. Donations provided in this program are not valid in, and may not be used in combination with, any other reward programs offered by BzzAgent or third parties.
    
    In connection with the Donations, BzzAgent shall make the cash donation to the charity at intervals determined by BzzAgent, in its sole discretion. To the extent that the initial designated charity is no longer available or eligible to participate; or (ii) the aggregated Donation for your charity is under $10.00, BzzAgent may donate such funds to another charity, chosen at its discretion. BzzAgent is not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered or damaged registrations, Donations to charity or other errors or problems of any kind, whether typographical, technical, computer, network, human, mechanical, electronic or otherwise, including without limitation errors or problems which may occur in administration of the program, processing registrations, tabulating Donations, making Donations, or in any program-related materials.

31. BzzPerks: Special Terms and Conditions. Beginning June 9, 2008, BzzAgent began using a new rewards program called BzzPerks. Eligible participants receive special thank you reward offers from BzzPerks each time they participate in word-of-mouth activities. BzzPerks may include reward points, coupons, free trials and/or other promotions (collectively, the "Perks") that are offered by advertisers and other third parties. In all cases, fulfillment of the actual Perks shall be the sole obligation of such third party offering the Perks, subject to the terms and conditions set by those third parties. BzzAgent makes no warranty with regard to any Perks obtained by you through BzzPerks or through BzzAgent's advertisers or other third parties and BzzAgent disclaims any and all liability related to the offer, fulfillment and/or return thereof. You are under no obligation to accept any such Perks.
    
    One particular program offered to BzzAgents is the opportunity to obtain MyPoints' points from MyPoints.com. When accepted by BzzAgents, these MyPoints are subject to the following terms and conditions:
    • You must have joined the MyPoints' loyalty program and by doing so agree to MyPoints' Terms and Conditions and Privacy Policy. MyPoints is an online loyalty marketing program that enables consumers registered with MyPoints to earn points-based rewards by responding to email offers, completing online surveys, and shopping online on its website www.mypoints.com.
    • Any accepted MyPoints points will expire and your MyPoints account will be subject to closure if you do not conduct any of the following activities within 12 months of the date you registered with MyPoints: respond (click thru) to a MyPoints email, participate in a MyPoints survey, update your MyPoints profile, or conduct a point earning or spending transaction at MyPoints.
    • Any accepted MyPoints will expire and your MyPoints account will be subject to closure if you do not conduct any of the following activities in any consecutive 12 months period: respond (click thru) to a MyPoints email, participate in a MyPoints survey, update your MyPoints profile, or conduct a point earning or spending transaction on MyPoints.
    • You authorize MyPoints and BzzAgent to share your relevant personal information as necessary for MyPoints and BzzAgent to establish your MyPoints account, track your account activity and/or award you points. MyPoints and/or BzzAgent may also need to provide certain of your personal information to its advertisers to validate your transaction with it to ensure that your account is credited with the correct number of points.
    If BzzAgent terminates you because you have breached the Agreement, any MyPoints points offered but not accepted through the BzzAgent.com site will automatically expire.