BzzAgent Terms and Conditions
Last Updated: October 10, 2018
Welcome to BzzAgent!
These Site Terms apply solely to your access to and use of the Sites, and do not alter in any way the terms or conditions of any other agreement you may have with PowerReviews for other products or services.
THESE SITE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS.
PowerReviews reserves the right to refuse any user access to the Sites without notice for any reason, including, but not limited to, any violation of the Site Terms. You agree that PowerReviews may suspend or discontinue the Sites (or any feature, service, campaigns, or content thereof) or change the content of the Sites at any time, for any reason, with or without notice, and without liability.
Also, please know that these Site Terms may be superseded or complemented by expressly-designated legal notices or additional legal terms located on particular features or products of the Sites. These expressly-designated legal notices or terms are incorporated into these Site Terms and supersede the provision(s) of these Site Terms that are designated as being superseded.
You should be aware that any personal information you submit as a contribution to the Sites in a forum viewed by others may become publicly available. We are not responsible for the personal information that you choose to include in such submitted content. Please do not share information
3. General Use and Accounts
(a) Visitors. Visitors of the Sites are able to view public information on the Sites without registration. However, in order to access certain features of the Sites (including to be able to receive samples) you may be required to become a member or registered user. For purposes of the Site Terms, a “member” or “registered user” is a user of the Sites who has registered an account with us (“Account”), or has a valid account on the social networking service (“SNS”) through which the user has connected to the Site Terms (each such account, a “Third-Party Account”).
(b) Eligibility. You must be 18 years of age or older to be able create an Account and become a member. We have the right to determine which members are eligible to participate in any of the campaigns (sometimes called “programs”) we offer. We can also remove a member from a campaign at any time for any reason.
(c) Access through Social Networking Sites. If you access the Sites through a SNS as part of the functionality of the Sites, you may link your Account with Third-Party Accounts, by allowing PowerReviews to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to PowerReviews and/or grant PowerReviews access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating PowerReviews to pay any fees or making PowerReviews subject to any usage limitations imposed by such third-party service providers. By granting PowerReviews access to any Third-Party Accounts, you understand that PowerReviews may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Sites (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Sites via your Account. Unless otherwise specified in the Site Terms, all SNS Content shall be considered to be Your Contributions (as defined in Section 5) for all purposes of the Site Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Sites. Please note that if a Third-Party Account or associated service becomes unavailable or PowerReviews’ access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Sites. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND POWERREVIEWS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. PowerReviews makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and PowerReviews is not responsible for any SNS Content.
(d) Registration Data. In registering for the Sites, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Sites under the laws of any applicable jurisdiction. You are responsible for all activities that occur under your Account (Please refer to Section 7 below). If you provide any information that is untrue, inaccurate, not current or incomplete, or PowerReviews has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PowerReviews has the right to suspend or terminate your Account and refuse any and all current or future use of the Sites (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. PowerReviews reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Sites if you have been previously removed by PowerReviews, or if you have been previously banned from any of the Sites.
4. Third party websites
The Sites include links to other material or websites which are operated by third parties, including social networking sites (such as Facebook, Instagram, Twitter) or our clients’ websites (all of which are “Third Party Sites”). We do not control and are not responsible for the content or materials on Third Party Sites or any loss or damage that you suffer by accessing Third Party Sites. You should take some time to familiarize yourself with the terms and conditions and policies of any Third Party Sites and applications you access from the Sites.
5. Sharing your contributions and other content
In addition to personal information, you may share other information in connection with the Sites.
By submitting ideas, suggestions or comments ("Contributions") to BzzAgent via our Sites or other sites that you choose to link to your account(s) or that can be viewed by the public, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) PowerReviews is not under any obligation of confidentiality (express or implied) with respect to your Contributions; (c) PowerReviews 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 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 Site Terms.
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 derivative works of and translate this content on any media, including but not limited to paper, audio, audio-visual, electronic, digital, online, cable or satellite media. This license shall be granted for information and/or commercial purposes, notably the purpose of operating, improving and promoting BzzAgent and PowerReviews within the scope of functions provided to you by us and our clients’ 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 the Sites.
You, and not us, are entirely responsible for all Contributions that you upload, post, email, transmit or otherwise make available via the Sites.
We do not have any obligation to review the contributions posted to the Sites, but you understand that PowerReviews or our clients may refuse to post or remove any of your Contributions at our sole discretion.
6. Rules of Conduct and your commitment to other people's rights
PowerReviews’ respects other people's rights and expect you to do the same. PowerReviews need your help to keep the Sites safe, which includes the following commitments by you:
You will not knowingly interfere with anyone else’s use or enjoyment of the Sites or with their personal computer equipment (e.g. in order to fraudulently access another member’s account) (and including without limitation using “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation).
You will not post content that is of a hoax, nuisance, abusive, indecent, obscene, defamatory, menacing, offensive or otherwise of illegal nature.
You will not post content which infringes or violates the rights (such as the intellectual property or privacy rights) of another person or otherwise violates the law.
You will not post unauthorized commercial communications on the Sites or use (or license others to use) any content posted to the sites (including your own) for any commercial purpose.
You will not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, code or other device designed to scrape or collect information, modify or interfere with the Sites.
You will not attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including, but not limited to, PowerReviews employees.
You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Sites, or to obtain any information from the Sites using any method not expressly permitted by PowerReviews, except to the extent that such activities may not be prohibited by law.
Any use of the Sites in violation of the limitations set out in this Section is strictly prohibited, can result in the immediate revocation of your membership and may subject you to liability for violations of law. PowerReviews reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Site Terms or the Sites itself.
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
7. Staying safe and secure online
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 any applicable login credentials are kept secret and strictly confidential. PowerReviews 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 login credentials 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 the 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.
8. Intellectual property
Your use of the Sites and/or being a member of BzzAgent does not give you the right to access or download any information we post to the Sites, all of 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 Site Terms do not grant you any licence to use any intellectual property (including our name or logo) of PowerReviews or our group.
9. Product shipment
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 time frame due to the nature of the shipping and fulfilment industry. We are not responsible for the condition, quality, or functionality of the products.
10. Products not intended for resale
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.
11. Disclaimers and our liability
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF POWERREVIEWS, OUR GROUP AND OUR AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (“POWERREVIEWS ENTITIES”). NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. THE SITES AND SERVICES AND ALL PRODUCTS 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, ANY PRODUCTS SHIPPED TO YOU, 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. WE SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY A 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.
12. Your responsibility during a claim
You agree to cooperate and assist us in defending any claim brought against us by a third party that arises from your breach of these Site Terms, and you will allow us to handle any such claim.
13. Electronic communications
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 the Sites 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.
14. Participating Jurisdictions
To participate in our BzzAgent campaigns you must be resident in the United States of America, Canada, or the United Kingdom. We make no representation that PowerReviews, any products or other materials available through our Sites are appropriate or available for use in other countries. If you do choose to access the Sites from other countries, you do so on your own initiative and are responsible for compliance with local laws.
15. US - Copyright Infringement Notice
We ask all 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 the Sites that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. If you are a resident of the United States of America, and in accordance with applicable law, we will remove or disable access in response to an Infringement Notice (as defined below), and 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:
· (i) a legend or subject line that says: “Copyright Infringement Notice”;
· (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
· (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the site on which the material appears);
· (iv) your full name, address, telephone number, and e-mail address;
· (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
· (vii) your electronic or physical signature.
We will only respond to Infringement Notices that we receive by mail or e-mail at the addresses below:
Attn: Infringement Notice
1 N. Dearborn Street, Suite 800
Chicago IL 60602
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 our 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 member in any of the Sites as well as any other website owned or operated by us.
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 Site Terms 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 Site Terms.
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.
17. Special provisions on activity-based benefits
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.
18. Special provisions on surveys and sweepstakes.
19. Applicable law, Dispute Resolution and Arbitration
Please read this Section carefully as it affects your rights.
For users located in the United States of America, these Site Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America (without regard to its choice of laws principles), as will all disputes, actions, and claims relating to your access to or use of the Sites, services, products, and all matters arising out of or related to these Site Terms (except for legal action taken to seek an injunction or other equitable relief related to the Sites, services or user-generated content, or claims related to the validity or enforceability or your or our intellectual property rights (collectively, a “Dispute”). For users located outside the United States of America, these Site Terms shall be governed by and construed in accordance with the laws of the ICC, as will all Disputes, unless you are located in the United Kingdom, where the laws of England and Wales will apply.
You agree that all disputes between you and PowerReviews (whether or not such dispute involves a third party) with regard to your relationship with PowerReviews, Inc., including without limitation disputes related to these Site Terms, your use of the Sites, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”) (http://www.adr.org/, 1-800-778-7879). You and PowerReviews hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor PowerReviews will participate in a class action or class-wide arbitration for any claims covered by this agreement. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either PowerReviews or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services (JAMS). Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Site Terms.
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:
Attn: Legal - Notice of Dispute
1 N. Dearborn, Suite 800
Chicago, IL 60602
You may opt out of this agreement to arbitrate. If you do so, neither you nor PowerReviews can require the other to participate in an arbitration proceeding. To opt out, you must notify PowerReviews in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
ATTN: Legal – Arbitration Opt Out
1 N. Dearborn Street, Suite 800
Chicago, IL 60602
20. Consumer Complaints.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
21. For UK Residents.
A third party who is not a party to the Site Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Site Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
These Site Terms and any documents and additional terms expressly incorporated by reference herein, contain the entire understanding between you and PowerReviews, and supersede all prior understandings of the parties relating to the subject matter of these Site Terms, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and PowerReviews with respect to the Sites, provided however, the these Site Terms may be amended by PowerReviews in accordance with Section 1. Any waiver or failure to enforce any provision of the Site Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. PowerReviews shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PowerReviews, including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or cause beyond PowerReviews’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PowerReviews as a result of these Site Terms or your use of the Sites.
If you have queries about these Site Terms, complaints or claims with respect to the Sites, you can contact us by e-mailing us at email@example.com. We will do our best to address your concerns.