Welcome to BzzAgent!
BzzAgent is operated by dunnhumby Inc. (dunnhumby, we, us or our), chief editor: Candace Lee. The hosting provider’s details are as follows: Colospace, 265 Winter St, Waltham, MA 02451, US Toll Free: (888) 583-9200, non-US callers: +1 781 383 9200.
In France, dunnhumby Inc. is represented by dunnhumby France SAS, 48 rue Cambon, 75001 Paris, France, SIREN/Company no.: 492 705 595, SIRET (siege): 49270559500071.
In Germany, dunnhumby Inc. is represented by dunnhumby Limited, 184 Shepherds Bush Road, London W6 7NL, United Kingdom.
dunnhumby is part of a larger group of companies so when we say “group” we mean dunnhumby Limited and its subsidiaries and affiliates.
These Terms & Conditions govern our relationship with members of BzzAgent and other users of our sites. By "sites" we mean the BzzAgent website and any BzzAgent applications. Please take time to understand these Terms & Conditions. These Terms & Conditions may be amended by us (see “changes to our terms and conditions”).
Personal information (e.g. your name, address, email address) that you share with us under BzzAgent is subject to our Privacy & Cookies Policy, the terms of which form part of these Terms & Conditions. Please review our Privacy & Cookies Policy to understand our practices.
You should be aware that any personal information you submit as a contribution to BzzAgent in a forum viewed by others may become publically available. We are not responsible for the personal information that you choose to include in such submitted content.
In addition to the personal information, you may share other information in connection with BzzAgent.
By submitting ideas, suggestions or comments ("contributions") to BzzAgent via our sites or other sites that you choose to link to your BzzAgent account or that can be viewed by the public, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality (express or implied) with respect to your contributions; (c) we and our clients can use or disclose (or choose not to use or disclose) your contributions for any purpose, in any way, in any media worldwide; and (d) you are not entitled to any compensation or reimbursement of any kind from us or any of our clients under any circumstances.
By posting contributions to our sites or on third party sites that you choose to link to your BzzAgent account or that can be viewed by the public, you represent that you own or have the right to use all of the content and information you post. Although you will continue to own your contributions, when you publish contributions to our sites or these third party sites, you agree not to use it for commercial purposes and you are allowing us and our clients to access and use that information in accordance with these Terms and Conditions.
For content that is covered by intellectual property rights (including photos and videos) you grant us a non-exclusive, sub-licensable, royalty-free, perpetual, worldwide license to use, host, store, reproduce, display, adapt, modify, create derivate works of and translate this content on any media, including but not limited to paper, audio, audio-visual, electronic, digital, on line, cable or satellite media. This licence shall be granted for information or commercial purposes, notably the purpose of operating, improving and promoting BzzAgent within the scope of functions provided to you by us and our client’s own marketing communications such as via the Internet, social media, television etc. For example, our client could create an ad using content that you have placed on our site.
You, and not us, are entirely responsible for all contributions that you upload, post, email, transmit or otherwise make available via BzzAgent.
We do not have an obligation to review the contributions posted to our sites, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.
Our sites include links to other material or websites which are operated by third parties (such as Facebook, Twitter or our clients) and which we do not control. We are not responsible for the content on these websites or materials or any loss or damage that you suffer by accessing them. We suggest that you take some time to familiarise yourself with the terms and conditions and policies of any third party websites you access from our sites.
We respect other people's rights, and expect you to do the same. We need your help to keep our site safe, which includes the following commitments by you:
Once you become a member of BzzAgent you will have an account and login details. You are responsible for maintaining the confidentiality of your account details and staying safe online. It is therefore your responsibility to make sure that your passwords and PIN numbers are kept secret and strictly confidential. We cannot be responsible for any loss or damage that you suffer as a result of someone else accessing them until we are notified that such activity is being engaged in without your consent. You agree to immediately notify us of any unauthorized use of your password or PIN number or any other breach of security you may know about. Furthermore you are responsible for all posts and all other activities conducted under your account.
We recommend that you protect your equipment when you use our sites. We take reasonable measures to keep our sites free from viruses and defects but we cannot guarantee that use will not result in damage to your hardware, software or any data associated with them.
Your use of our sites or being a member of BzzAgent does not give you the right to access or download any information we post to our sites which shall remain our and our licensors intellectual property.
Where we state that content is available for download, you may download a single copy for your own personal non-commercial use. This is provided that you keep intact all of the copyright (©) and proprietary notices, do not make any modifications to the content, and do not use the content to associate yourself with us, our group or any products or brands involved in BzzAgent.
These Terms & Conditions do not grant you any licence to use any intellectual property (including our name or logo) of dunnhumby or our group.
We make all attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific timeframe due to the nature of the shipping and fulfilment industry.
Any product, service, coupon or voucher offered by us or any of our clients are not intended for resale. Any violation (as determined solely by us) of this provision by a member may result in removal from the applicable campaign or termination of your membership.
For non-German users, the following shall apply:
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF DUNNHUMBY, OUR GROUP AND OUR AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (“BZZAGENT ENTITIES”). NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITEs OR THE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF OUR NEGLIGENCE.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.
For German users, the following shall apply:
WE SHALL BE LIABLE ONLY UP TO THE AMOUNT OF DAMAGES AS REASONABLY FORESEEABLE AT THE TIME OF ENTERING INTO THESE TERMS AND CONDITIONS IN RESPECT OF DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A MATERIAL CONTRACTUAL OBLIGATION ("KARDINALPFLICHT", I.E. A CONTRACTUAL DUTY THE FULFILLMENT OF WHICH ENABLES THE PROPER IMPLEMENTATION OF YOUR MEMBERSHIP OF BZZAGENT, THE BREACH OF WHICH FRUSTRATES THE PURPOSE OF THESE TERMS AND CONDITIONS AND ON THE FULFILLMENT OF WHICH YOU REGULARLY RELY).
WE SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A NON-MATERIAL CONTRACTUAL OBLIGATION.
THE AFORESAID LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY (IN PARTICULAR TO LIABILITY UNDER THE GERMAN PRODUCT LIABILITY ACT), LIABILITY FOR ASSUMING A SPECIFIC GUARANTEE OR LIABILITY FOR DAMAGES CAUSED BY WILFUL OR GROSSLY NEGLIGENT MISCONDUCT, OR ANY KIND OF WILFULLY OR NEGLIGENTLY CAUSED PERSONAL INJURIES.
You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms & Conditions and you will allow us to handle any such claim.
When you become a member or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other services. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Any communication or other information about BzzAgent’s services sent to us via e-mail or otherwise in connection with your use of the sites, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by us for any purpose without compensation.
Occasionally we may need to modify, add to or withdraw BzzAgent campaigns, content on our sites, or other aspects of BzzAgent and you are not entitled to claim any rights in this regard.
We strive to create a global BzzAgent with consistent standards for everyone, but we are also committed to respecting local laws.
If we send your personal information to a location which may not afford the same legal protections to personal information as the country in which you live, we will provide suitable safeguards to allow us to do so in accordance with our Privacy and Cookies Policy. We are committed to complying with the relevant data protection laws and work to implement measures designed to protect your personal information when we do so. To participate in BzzAgent you must be resident in the United States of America, Canada, France, Germany or Brazil. We make no representation that BzzAgent, any products or other materials available through our sites are appropriate or available for use in other countries. If you do choose to access our sites from other countries, you do so on your own initiative and are responsible for compliance with local laws. dunnhumby Limited and its other subsidiaries and affiliates operate similar programmes but the sites are operated separately.
US - Copyright Infringement Notice
We ask our members to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In our sole discretion, we may remove content that a member has posted on our site that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members of BzzAgent who are deemed to be repeat infringers. If we remove or disable access in response to an Infringement Notice (as defined below), we will make a good faith attempt to contact the member who posted the content so that they may make a counter-notification.
If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via by a member of BzzAgent, then you may send us a written notice that includes all of the following:
We will only respond to Infringement Notices that we receive by mail, e-mail, or facsimile at the addresses below:
580 Harrison Ave, Suite 101
Boston, MA 02118
By E-Mail: firstname.lastname@example.org
By Facsimile: 617-451-9922
It is often difficult to determine if your copyright has been infringed. we may elect to not respond to Infringement Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with applicable laws.
Please note that applicable laws provide that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a Counter-Notification.
Without limiting our other rights, we may, in appropriate circumstances, terminate a repeat infringer’s status as a BzzAgent and any other website owned or operated by us.
You must be 18 years of age or older to be a member of BzzAgent. We have the right to determine which members are eligible to participate in any of the campaigns (sometimes called “programmes”) we offer. We can also remove a member from a campaign at any time for any reason.
You may terminate your participation as a member at any time, for any reason, by visiting the “close my account” page. We may terminate you as a member for any reason, at any time. We will try to give you reasonable notice of termination, except in certain cases such as your violation of these terms or any other BzzAgent policies or guidelines made available to you in advance, or harassment or abuse of other BzzAgent members.
Our agreement with you under these Terms & Conditions is in full force and effect while you visit the sites and/or are a member of BzzAgent. Any section which by its nature is intended to survive termination, shall survive termination of these Terms and Conditions.
As a member we may grant you certain privileges and benefits based on the quality and quantity of activity in the campaigns in which you participate. For example, members may receive access to special campaign previews, campaign pre-registration, enhanced product and hand-out packages. We will determine which, if any, benefits a member is eligible to receive in our sole discretion.
Members can earn points for participating in certain activities and we will provide you with details of the rules and restrictions applicable to these points.
We do not warrant or represent that members will earn any specific number of points or that any specific products or services will be available for redemption and reserves the right to cease offering points at any time or otherwise vary the terms on which points are accumulated or redeemed.
We make no representations or warranties, express or implied, with regard to any merchandise or services obtained by members through the redemption of points under any points programme. Only those guarantees, warranties and representations, if any, offered by retailers, manufacturers of merchandise or suppliers of services may be relied upon by members.
Surveys and sweepstakes sponsored by us or our clients may be made available to members on our sites. Visiting our sites or using them as a member is not conditional on your participation in these surveys or sweepstakes. Please see our Privacy & Cookies Policy for information on how we use data collected from these activities. Any sweepstake will be accompanied by its own terms and conditions of entry.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Ohio unless you are located in the European Union, where local laws shall apply. For all users not located in the European Union, you hereby agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in Hamilton County, Ohio in any such legal action or proceeding. For users located in the European Union, you agree to submit to the local courts of your jurisdiction.
You agree that all disputes, actions, and claims relating to your access to or use of the site, services, and all matters arising out of or related to these Terms and Conditions (except for legal action taken to seek an injunction or other equitable relief related to the site, services, or user generated content, or claims related to the validity or enforceability of your or our intellectual property rights) (collectively “Dispute”) will be governed by the Federal Arbitration Act (FAA), federal arbitration law, and laws of the State of Ohio, without regard to choice of law principles unless you are located in the European Union, where local laws shall apply. If you are not located in the European Union, you furthermore agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and you are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. If you are located in the European Union, any Dispute may be resolved by the local courts.
If you are located in any jurisdiction, in the event of a Dispute, either you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to BzzAgent at dunnhumby, General Counsel, 3825 Edwards Road, Suite 600, Cincinnati, OH 45209.
For users located in Germany, the EU Commission has provided an online platform for online dispute resolution under the following link (“ODR Platform) which you may use in case of any dispute: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false.
However, for all users not located in the European Union, the following paragraphs shall apply. Both of us will attempt to resolve any Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, either you or us may commence arbitration. You are not required to wait 60 days to file a small claims action.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's supplementary procedures for consumer-related disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You agree to commence arbitration only in your county of residence or in Hamilton County, Ohio. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.
You agree that the making of claims or resolution of Disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, that any and all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.
To the extent permitted by law, any Dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or Notice of Dispute could first be filed. If such a Dispute isn't filed within one year, it's permanently barred.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
If you have queries about these Terms & Conditions you can contact us by e-mailing us at email@example.com.