BzzAgent's® Terms & Conditions are below in full detail, 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 service is operated by BzzAgent, Inc. ("BzzAgent"). By using the BzzAgent web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a participant in the BzzAgent community (a "Participant") and make use of the BzzAgent service (the "Service"), read these Terms of Conditions and indicate your acceptance of them by following the instructions in the Sign Up page.
This Agreement sets out the legally binding terms of your use of the Web site and your participation in the Service and may be modified by BzzAgent at any time and without prior notice, such modifications to be effective upon posting by BzzAgent on the Web site. This Agreement includes and incorporates BzzAgent's acceptable use policy for content posted on the web site, BzzAgent's Privacy Policy, and any notices regarding the Web 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.
- BzzAgent Content. The contents of BzzAgent and the Web 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 (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. BzzAgent and such other websites are sometimes collectively referred to as "BzzAgent Sites". As between you and BzzAgent, all BzzAgent Content is BzzAgent's exclusive property. Unauthorized use of BzzAgent Content may violate copyright, trademark, and other laws. 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. 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 purpose is prohibited.
You shall not copy or adapt the code that BzzAgent creates to generate any BzzAgent Content or the pages making up any BzzAgent Site, which is code also protected by BzzAgent's copyright. - Copyrights and Trademarks. All materials included on BzzAgent.com 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, BZZBLAST, BZZNETWORK, BZZAGENT, HIVE HAPPENINGS, and the stylized Bee Logo are registered trademarks of BzzAgent, Inc. © 2002-2007 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 documents and graphics incorporated in the documents from this web site subject to the following: (1) the documents may be used solely for involvement in campaigns or personal, informational, non-commercial purposes; and (2) the documents 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 information from the Web site in whole or in part without the prior written permission of BzzAgent. - Eligibility and Responsibility. You must be 13 years of age or older to visit or use BzzAgent in any manner. By visiting BzzAgent or accepting these Terms, 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 BzzAgent 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. In particular, you warrant and represent that the contents of all reports submitted by you to the Web site (including all "BzzReports") shall be honest, true and correct to the best of your knowledge. Submitting dishonest or false BzzReports is strictly prohibited. You must not resell or assign your rights or obligations under these Terms of Use. You must not create multiple accounts or accounts using false or someone else's personal information.
- Security Rules. Participants must not violate or attempt to violate the security of any BzzAgent Site, including without limitation, (a) accessing data not intended for such Participant or logging into a server, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software or routine to interfere or attempt to interfere with the proper working of any BzzAgent Site or any activity being conducted on any BzzAgent Site, (c) attempting to interfere with the availability of any BzzAgent Site to any Participant, host or network, including, without limitation, via means of submitting a virus to any BzzAgent Site, overloading, "flooding", "spamming", "mailbombing" or "crashing" any BzzAgent Site, (d) sending Participants unsolicited e-mail, including promotions and/or advertising of products or service, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or (f) using a password or access code not issued to such Participant Site. Violations of system or network security may result in civil or criminal liability or terminate you as a Participant. BzzAgent will investigate occurrences which 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.
- Term. This Agreement will remain in full force and effect while you use the Web 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. If BzzAgent terminates you because you have breached the Agreement, you will not be entitled to redeem BzzPoints for any BzzRewards. In the event that you are terminated as a Participant, your BzzPoints shall be immediately voided and of no further effect and you shall not be entitled to redeem BzzPoints for any BzzRewards. Even after your participation is terminated, this Agreement will remain in effect.
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. - Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy.
- The Company's Liability. BzzAgent is only a venue and BzzAgent does not screen or censor the Profiles or Submitted Content offered. 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 BzzAgent. As a result, BzzAgent has no control over the truth or accuracy of information communicated by Participants and/or submitted by Participants to BzzAgent. BzzAgent makes no representations about the accuracy, reliability, completeness or timeliness of any Profile or Submitted Content. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Participants with whom you come in contact through BzzAgent. 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 BzzAgent and/or the other BzzAgent Sites.
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. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
BzzAgent may provide links to other websites or resources of possible interest to Participants. Also, our websites may include contributions by Participants. 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, and 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. You also acknowledge and agree that BzzAgent 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. 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. - 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.
- Limitation of Liability. BzzAgent, its directors, officers, employees, clients and agents shall not be liable for any damages, special, consequential or otherwise, arising out of, or in any way connected with a Participant's participation in the program, the use of information provided by Participants in connection with the Services, any statements made by Participants, or the merchandise or services obtained by Participants through the redemption of BzzPoints under the program.
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. - Confidentiality. You are responsible for maintaining the confidentiality and all uses of your Account, and password whether or not authorized by you. You agree to immediately notify BzzAgent of any unauthorized use of your Account, and password.
- 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.
- Import and Export Restrictions. This Web 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 Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.
- Participant Submission. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to the BzzAgent Sites (including without limitation any BzzReports or any other text, graphics, video or audio) ("Communications") will be considered non-confidential and non-proprietary. BzzAgent will have no obligations with respect to the Communications. However, you hereby assign and all rights to the Communications 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 Communications 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, it is suggested that you do not submit your contribution to the BzzAgent Sites. By submitting your Communication to any BzzAgent Site, you represent and warrant the following:
- that either such Communication 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 Contributions to enable inclusion and use of the Communications in the manner contemplated by the applicable BzzAgent Sites and these Terms of Use;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Communication to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Communication in the manner contemplated by the applicable BzzAgent Site and these Terms of use;
- you agree to waive any moral rights in your Communications for all the purposes specified herein; and
- you agree to indemnify BzzAgent against all legal fees, damages and other expenses that may be incurred by BzzAgent as a result of your breach of the above warranty.
- 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 Web site. Further, BzzAgent may, at its discretion, remove a participant from a "Campaign" or any other program at any time for any reason. If you are removed you will be contacted via e-mail.
- 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 (BzzRewards™ & BzzKits™) in a timely manner, but we cannot guarantee a specific timeframe due to the nature of the shipping and fulfillment industry.
- Products Not Intended for Resale. Products are not intended for resale. Any product, service or coupon related thereto offered by BzzAgent (as BzzRewards™, incentives in BzzKit, etc.) are 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 Web sites in general.
- Contact with BzzAgents. BzzAgent will periodically contact Participants of the BzzAgent community with information, updates and special offers via e-mail. We make all reasonable effort to review and edit each "Communication". If there are any inaccuracies BzzAgent will not be held responsible.
- Feedback in Communications. BzzAgent's policy is to review all Communications by Participants and to provide feedback to the Communication via e-mail to the Participant. We make all reasonable effort to review and edit feedback. If there are any inaccuracies BzzAgent will not be held responsible.
Should you have any questions or complaints regarding your Communications, please contact us. - Polls, Surveys, and Sweepstakes. Polls, surveys and sweepstakes might be available on the Web site for Participants, sponsored by BzzAgent, merchants and/or strategic partners. You will not be required to participate in polls, surveys or sweepstakes in order to use the Web site or access your account. BzzAgent uses the data collected from these activities to assist it and its merchants, advertisers and strategic partners to provide you better services and products. No personally identifiable information is provided to merchants, advertisers or to strategic partners.
- Activity-based Benefits. BzzAgent will grant Participants certain privileges and benefits based on a Participant's level of activity in the various BzzAgent "Campaigns" in which he or she participates. Participants with high levels of activity and involvement in a Campaign 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.
- Right to Offer Campaigns to Select BzzAgents. "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 Web site. You may also be contacted directly via e-mail when a "Campaign" is launched.
- Participant Points and/or Credits. Participants shall be awarded points and/or credits in connection with performing particular transactions in a Campaign. Points and/or credits awarded shall have no cash value, and may be used only for the redemption of products and services offered through redemption sites listed on the Web site, or through a company licensing the BzzAgent software. The number of points and/or credits awarded for each Participant transaction shall be determined by the participating client and BzzAgent. Points and/or credits earned by a Participant are for that Participant's account only and cannot be transferred or combined with other Participants' points and/or credits for any purpose. BzzAgent reserves the right to modify the Service and/or future points and/or credit awards for various types of transactions by providing notice of such modifications on the Web site or through a company licensing the BzzAgent software. BzzAgent further reserves the right to modify, add to, or reduce the redemption sites, merchandise and services available for redemption by making such modifications, additions or deletions on the Web site.
- 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.
- Comments, Complaints and Questions. We welcome your feedback about the Web site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Web 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 and conditions, please contact us. - 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 Web site, and not to use this Web 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 Web 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 Web 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 and conditions set forth above shall constitute the entire understanding between BzzAgent and each Participant enrolled and participating in the program. - 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 Web 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 Web site. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
The BzzAgent Content may contain inaccuracies or typographical errors or technical inaccuracies. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any BzzAgent Site or the BzzAgent Content. The use of the BzzAgent Sites and the BzzAgent's Content is at your own risk. Changes are periodically made to the BzzAgent and may be made at any time.
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.
BzzAgent does not warrant or represent that Participants will earn any specific number of points or that any specific products or services will be available for redemption.
BzzAgent makes no representations or warranties, express or implied, with regard to any merchandise or services obtained by Participants through the redemption of points under the program. BzzPoints™ are only redeemable by Participants while participating in a "Campaign." Only those guarantees, warranties and representations, if any, offered by the manufacturers of merchandise or suppliers of services may be relied upon by Participants. BzzPoints have no cash value.