BzzAgent Terms of Use

Effective as of: SEPTEMBER 12, 2022

Thank you for visiting our platform, presented to you by PowerReviews, Inc. d/b/a BzzAgent (referred to as “BzzAgent,” “we,” or “us”). These Terms of Use (“Platform Terms”) govern your access to, and use of, BzzAgent.com and any other website, application, or online service owned or operated by BzzAgent that posts a link to these Terms of Use (collectively, the “Platform”).  The Platform is meant only for residents of the United States, United Kingdom, or Canada (excluding Quebec).  If you do not reside in those territories, please do not attempt to access the Platform. 

 

We encourage you to read these Platform Terms carefully as they affect your legal rights and obligations. These Platform Terms apply solely to your access to and use of the Platform, and do not alter in any way the terms or conditions of any other agreement you may have with BzzAgent, including, without limitation, the applicable Influencer Agreement which you have agreed to if you have signed up for a BzzAgent account and/or applied to participate in the BzzAgent sampling program.

 

By accessing, browsing, or using the Platform, you agree to be bound by the terms and conditions set forth in, and any policies referenced by, these Platform Terms, including any subsequent changes to the foregoing. If you do not agree to these Platform Terms, do not access, browse or otherwise use the Platform.

TABLE OF CONTENTS

  1. ADDITIONAL TERMS

  2. PRIVACY

  3. ACCOUNT REGISTRATION, MEMBERSHIP, ACCESS TO THE PLATFORM, TERMINATION  

  4. COPYRIGHT AND LIMITED LICENSE TO USE MATERIALS

  5. TRADEMARKS AND SERVICE MARKS

  6. PROHIBITED USE OF THE PLATFORM AND MATERIALS

  7. USER-CONTENT SUBMISSIONS

  8. USER INTERACTIONS AND DISPUTES

  9. ACCEPTABLE USE POLICY 

  10. COPYRIGHT & OTHER IP COMPLAINTS

  11. LINKS AND THIRD-PARTY CONTENT

  12. DISCLAIMER OF WARRANTIES; WAIVER

  13. LIMITATION OF LIABILITY

  14. INDEMNITY 

  15. APPLICABLE LAW AND VENUE

  16. LOCATION OF THE PLATFORM AND TERRITORIAL RESTRICTIONS

  17. GENERAL-AUDIENCE SITE

  18. CHANGES TO THESE TERMS

  19. GENERAL TERMS

  20. CONTACT INFORMATION

1. ADDITIONAL TERMS

In some instances, both these Platform Terms and separate terms and conditions may apply to a service or product we offer (any “Additional Terms”). If you sign up for a BzzAgent account, Additional Terms include our applicable Influencer Agreement. To the extent there is a conflict between these Platform Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

2. PRIVACY

Please refer to BzzAgent’s Privacy Policy to understand how BzzAgent collects, uses, and discloses personal information through the Platform.

3. ACCOUNT REGISTRATION, MEMBERSHIP, ACCESS TO THE PLATFORM, TERMINATION  

a. Certain areas and features of the Platform may require registration with BzzAgent or a third party, or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Platform, you agree to provide only true, accurate, current, and complete information. If you submit personal information to BzzAgent to register for an account with BzzAgent or to otherwise participate in any services offered by BzzAgent on the Platform, that information will be governed by our Privacy Policy. If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. 

 

b. You acknowledge that BzzAgent reserves the sole right, in its sole discretion, to update, modify, replace, or alter any of aspect of the Platform, in whole or in part, from time to time without any liability to you. You acknowledge that BzzAgent may, in its sole discretion, cease to operate the Platform or features within the Platform, including, without limitation, terminating the BzzAgent sampling program or your participation therein. BzzAgent reserves the right to deny you access in its sole discretion without notice at any time and without any liability to you.  

 

c. BzzAgent reserves the right to modify, suspend, terminate, or restrict your use of any portion of the Platform or otherwise deny you access, in its sole discretion, at any time, and to the extent permitted by applicable law, without notice. We shall not be liable to you or to any third party for any cancellation, termination, suspension or discontinuance of the Platform, the BzzAgent sampling program, or your account. We also reserve the right to investigate suspected violations of these Platform Terms or any Additional Terms. Any violation of these Platform Terms or Additional Terms may be referred to law-enforcement authorities.


d. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Platform. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Platform, including, without limitation, those governing your transmission or use of any software or data.

4. COPYRIGHT AND LIMITED LICENSE TO USE MATERIALS 

a. All materials included in or otherwise part of the Platform (including but not limited to past, present, and future versions, images and text, domain name, source and object code, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection and arrangement thereof and the elements that make up its “look and feel”) (collectively, “Materials”) are owned, controlled, or licensed by BzzAgent and are protected from unauthorized use, copying, dissemination by copyright, trademark, patents, and other laws, rules, regulations, and treaties. The Materials may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of BzzAgent.

 

b. You may visit the Platform without further permission and BzzAgent grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to make personal use only of the Materials for your information purposes only, including to (i) download Materials that are made available for download, (ii) use a link on the Platform to share a link or Materials as permitted by the sharing mechanism, and (iii) linking to the Platform using a plain-text link from a site that you own or control. 

 

c. This license is subject to these Platform Terms, and does not include the right to: (i) use the Platform or Materials other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (ii) use framing techniques to enclose any portion of the Platform, including any images found on the Platform or any text or the layout or design of any page or form contained on a page; (iii) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (iv) resell, copy, distribute, transfer, reverse engineer, disassemble, create derivative works thereof, or allow third-party access to the Platform or the Materials; (v) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods; (vi) use the Platform or Materials surrounded by or on the same page as other content that presents false information about, disparages, tarnishes, or otherwise harms us or our products or services or may be construed as offensive, controversial, or otherwise objectionable; (vii) imply that we or the Platform are endorsing, sponsoring, or otherwise affiliated with any third party or its products or services; or (vii) use the Platform to transmit, harvest, or collect personal information about other users, without the consent of such users. 


d. You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of BzzAgent or any third party. Any unauthorized use of the Platform will terminate the permission or license granted by these Platform Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

5. TRADEMARKS AND SERVICE MARKS 

“BzzAgent”, “BzzAgent.com,” and BzzAgent’s logos are trademarks, service marks or registered trademarks of BzzAgent or its affiliates, suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of BzzAgent or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without BzzAgent’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of BzzAgent or its licensors, and may not be copied, imitated, or used, in whole or in part, without BzzAgent’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BzzAgent.

6. PROHIBITED USE OF THE PLATFORM AND MATERIALS

In addition to other prohibitions as set forth in the Terms, you may not:

 

  1. Use the Platform or Materials for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.

  2. Take any action that causes the Platform or Materials to stop working properly or that circumvents security of the Platform or Materials.

  3. Change or remove any author attribution, trademark, legend, or copyright notice or otherwise to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

  4. Except as part of standard use of a search engine or browser, download, monitor, mine, copy, or otherwise reproduce, store, or distribute the Platform or any Materials.

  5. Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

7. USER-CONTENT SUBMISSIONS 

a. The Platform may provide you the ability to submit content to us or post content publicly on the Platform (including, without limitation, photographs, videos, reviews, testimonials, promotion entries, writings, pictures, data, questions, answers, comments, and suggestions) (collectively, ”User Content”). 

 

PLEASE NOTE: This section describes User Content submitted to the Platform (e.g., BzzAgent.com) itself. If you register as a BzzAgent influencer and participate in a sampling campaign, the content you create and publish as part of that campaign is governed by the Influencer Agreement you agreed to at the time you signed up to create a BzzAgent account, which sets forth, by way of example, that you grant any Brand in whose Campaign you participate, and their respective parents, subsidiaries, and affiliates (collectively “Licensees”), and any parties authorized by any of the foregoing Licensees, the irrevocable, royalty-free, sublicensable, transferable, worldwide right – but not the obligation –  to use, reproduce, display, publicly perform, distribute, make derivative works of and otherwise exploit your Content or any portion thereof, in any and all media now known or hereafter devised for Licensees’ advertising, trade, promotional, or other commercial or non-commercial purposes, as well as the right to use your name, image, likeness, voice, social usernames, biographical information, quotes attributable to you, and any other protectable element of your persona (collectively, your “Persona”) in connection with any Licensee’s use of the Content in accordance with the license granted above, without further approval by or payment to you or any third party.

 

b. Except as otherwise described in the posted Privacy Policy or other agreement on the Platform where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.

 

c. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Platform Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Platform Terms and grant BzzAgent the license below. Upon BzzAgent’s request, you will furnish BzzAgent with any documentation, substantiation or releases necessary to verify your compliance with these Platform Terms.

 

d. BzzAgent is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of BzzAgent. We may, but are under no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Platform Terms. We may remove or refuse to post any User Content for any reason at our sole discretion.

 

e. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to BzzAgent.

 

f. You remain the owner of your User Content, but you acknowledge that BzzAgent must have a license from you in order to accept your User Content. Accordingly, you grant to BzzAgent an unrestricted, worldwide, irrevocable, perpetual, transferable, sublicensable, and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed. You agree that we may, at any time, without restriction, edit, copy, publish, reproduce, translate, distribute, share, and otherwise use in any medium any User Content without your further permission. We are and shall be under no obligation (1) to pay compensation for any User Content; or (2) to respond to any User Content.

 

g. You agree that BzzAgent is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, and creating informational articles, without any payment of any kind to you. You authorize BzzAgent to publish your User Content in a searchable format that may be accessed by users of the Platforms and the Internet. This may include User Content that you submit through our accounts on social media websites (e.g., Facebook, Instagram, Twitter,  etc.). To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

 

h. You acknowledge that BzzAgent may be working on or developing material similar or the same in nature to your User Content and that BzzAgent may have received similar or the same intellectual property rights from another party. BzzAgent owes you no obligation connected to your submissions unless you and BzzAgent enter a written agreement to that effect. Any discussion or negotiations between you and BzzAgent regarding your submissions does not constitute recognition of the novelty or originality of your User Content.


i. You agree that BzzAgent has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. BzzAgent will not have any obligation to you with regard to User Content and BzzAgent may or may not monitor, display, or accept your User Content and may delete it at any time. You are solely responsible for any User Content you submit and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

8. USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Platform, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

9. ACCEPTABLE USE POLICY 

When you contribute, upload or otherwise provide User Content to the Platform, you agree to comply with the following rules:

 

  1. User Content must be yours. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Platform and elsewhere. 
     

  2. Don’t include anyone in your User Content without permission. If any other person is seen, depicted, heard, named, identified, or otherwise included in your User Content, you must have that person’s express written permission to submit it and will provide us with evidence of such permission upon request.
     

  3. Don’t upload third-party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third-party materials without permission from the owner of the materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
     

  4. No music. Your User Content may not contain any music unless the work and performance are original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
     

  5. Keep it relevant. Your User Content should relate to the content on the Platform.
     

  6. Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others’ opinions and comments. If you think your User Content might offend someone, chances are it probably will and it doesn’t belong on the Platform. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
     

  7. Do not post User Content to the Platform for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Platform. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
     

  8. Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities. 
     

  9. No violence. Your User Content may not promote violence or describe how to perform a violent act.
     

  10. Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. You may not use a false e‑mail address or otherwise mislead us or third parties as to the origin of any User Content.
     

  11. Public forum. Please remember that when you are submitting User Content to a public forum, User Content that you post will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
     

  12. Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature. 
     

  13. Don’t damage the Platform or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Platform or any computer system.

10. COPYRIGHT & OTHER IP COMPLAINTS 

a. You may not use the Platform for any purpose or in any manner that infringes the rights of any third party. BzzAgent encourages you to report any content on Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

 

b. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), BzzAgent has a designated agent for receiving notices of copyright infringement and BzzAgent follows the notice and take down procedures of the DMCA. If you believe your work or content has been copied and posted to the Platform in a way that constitutes copyright infringement, please provide our copyright agent the following written information in accordance with the Digital Millennium Copyright Act (DMCA):

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the Platform;

  • 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; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

PowerReviews’ DMCA Copyright Agent for notice of claims of copyright infringement can be reached at:

 

PowerReviews

Attn: Legal Dept.

1 N. Dearborn Street, Suite 810

Chicago, IL 60602, USA Phone: (312) 447-6112, ext. 6112

E-mail: legal@powerreviews.com 

 

NOTE: This contact information is for inquiries regarding potential copyright and other intellectual-property infringement only. 

 

c. If you believe that any content on the Platform violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Platform to our designated agent using the contact information above. 

 

d. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

11. LINKS AND THIRD-PARTY CONTENT

BzzAgent or third parties may provide links or functionality on the Platform or in communications from us to other third-party sites or content. BzzAgent has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Platform. BzzAgent provides links to you only as a convenience, and the inclusion of any link on the Platform does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. If you choose to connect your information on the Platform with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed. Our terms and policies govern any time you visit the Platform directly or indirectly through authorized third-party sites. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

12. DISCLAIMER OF WARRANTIES; WAIVER

a. To the fullest extent permitted by applicable law, the Platform and the Materials contained therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, express or implied. You expressly agree that use of the Platform, including all content or data distributed by or downloaded or accessed from or through the Platform, is at your sole risk. BzzAgent, and its parent companies, affiliated entities, vendors, service providers, licensors, and suppliers, and the directors, officers, employees, affiliates, agents, contractors, interns, and other representatives of each of them (collectively, “BzzAgent Parties”) disclaim all warranties or conditions, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, non-infringement, system integration, and freedom from computer virus, as to the Platform and any Materials. BzzAgent does not represent or warrant that the Platform (or Materials) are accurate, complete, uninterrupted, current, reliable or error-free; or that defects will be corrected. You agree that we may disable for indefinite periods of time or shut down the Platform (or any feature thereof, including the BzzAgent sampling program) at any time, without notice to you.

 

b. BzzAgent is not responsible for typographical errors or omissions on the Platform. We cannot and do not represent or warrant that the Platform or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. 


c. By accessing or using the Platform you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Platform.

13. LIMITATION OF LIABILITY

a. To the maximum extent permitted by applicable law, in no event will any BzzAgent Party be liable to you or anyone else for any direct, indirect, special, incidental, consequential or punitive damages of any kind (including but not limited to loss of use, loss of profits, lost revenue, lost savings, replacement costs or loss of data or similar damages) whether in an action in contract, tort (including, but not limited to, negligence), strict liability, equity or otherwise, arising out of or in any way connected with: (i) the Platform or Materials; (ii) User Content; (iii) the use of, or the inability to use, the Platform or Materials; (iv) action taken in connection with an investigation by the BzzAgent Parties or law enforcement authorities regarding your use of the Platform; (v) action taken in connection with copyright or other intellectual property owners; (vi) any errors or omissions in the Platform’s technical operation; (vii) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction –  even if foreseeable or even if the BzzAgent Parties have been advised of or should have known of the possibility of such damages. In no event will the total liability to you by the BzzAgent Parties for any claims, damages, losses, and causes of action exceed the amount you paid us, if any, for accessing the Platform or, if you did not pay us, $10.00 USD. This limitation on damages is not intended to limit any obligation to pay prevailing party costs or fees as required by law or to limit or exclude liability for personal injury or property damage caused by the BzzAgent Parties, or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct by the BzzAgent Parties – but only to the extent that such liability cannot be limited or excluded pursuant to applicable law. This limitation on damages is also not intended to restrict any California resident’s right under applicable law (if any) to seek public injunctive relief, as otherwise in accordance with the dispute-resolution procedures set out below.


b. By accessing the Platform, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14. INDEMNITY 

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the BzzAgent Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements, and expenses, including (but not limited to) reasonable attorney’s fees, made by any third party, due to, arising out of, or directly or indirectly related to: (i) your breach (or anticipatory breach) of any of these Platform Terms; (ii) your content and materials, including (but not limited to) User Content; (iii) your use of the Platform, Materials, or participation in the BzzAgent sampling program, other than as permitted by us; (iv) your violation of laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all administrative and legislative authorities or any agreement you have with a third party; (v) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other rights of any person; (vi) any misrepresentation made by you; or (vii) the BzzAgent Parties’ use of your content or information as permitted under these Platform Terms, the Privacy Policy, or any other written agreement between you and BzzAgent (including an Influencer Agreement, as applicable). The BzzAgent Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of BzzAgent.

15. APPLICABLE LAW AND VENUE

These Platform Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and entirely to be performed within the State of Illinois, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Platform Terms or your use of the Platform shall be filed only in state or federal court located in Cook County, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

16. LOCATION OF THE PLATFORM & TERRITORIAL RESTRICTIONS

a. BzzAgent controls and operates the Platform from offices located in the United States. The information and content provided through the Platform are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BzzAgent to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion. Without limiting the foregoing, your registration for an account and participation in the BzzAgent sampling program may have additional territorial and other eligibility restrictions as detailed in the applicable Influencer Agreement you have agreed to when signing up for a BzzAgent account.

 

b. Software related to or made available by the Platform may be subject to United States export controls. Thus, no software from the Platform may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country or region to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

17. GENERAL-AUDIENCE SITE 

The Platform and its services are not directed to, and not intended for the use of, children younger than 18 years old or the age of majority in their jurisdiction. If you are a minor, you should not contact or otherwise provide personal information to our Platform.

18. CHANGES TO THESE TERMS

To the maximum extent allowed by applicable law, BzzAgent reserves the right to change or modify any of the terms and conditions contained in these Platform Terms, or any policy of the Platform, from time to time at any time and in its sole discretion (“Updated Terms”). If BzzAgent decides to change these Platform Terms or a Platform policy, it will post the Updated Terms on the Platform and update the effective date set forth above. We may – in our discretion – also notify you of material changes via email if you have provided us with your email address.  Any changes or modifications to these Platform Terms will be effective upon posting of the Updated Terms (or at such later date as we may specify in the Updated Terms). Your continued use of the Platform following posting of any changes or modifications (or some other act that we reasonably specify) constitutes your acceptance of the Updated Terms. You should frequently review these Platform Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Platform.

19. GENERAL TERMS

If any provision of these Platform Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Platform Terms and shall not affect the validity and enforceability of any remaining provisions. If BzzAgent does not act after you or others breach these Platform Terms, it does not waive BzzAgent’s right to act in the future with respect to such breach or any subsequent breaches. No waiver by BzzAgent of any of these Platform Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of BzzAgent. Neither the course of conduct between the parties nor trade practice will act to modify these Platform Terms. BzzAgent may assign its rights and duties under these Platform Terms to any party at any time without any notice to you. Platform Terms may not be assigned by you without BzzAgent’s prior written consent. You agree that these Platform Terms will not be construed against BzzAgent because BzzAgent has drafted them. If any provision of these Platform Terms is held unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Platform Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. Provisions of these Platform Terms that would logically survive termination will survive the termination of these Platform Terms, including (but not limited to) Disclaimer of Warranties, Limitation of Liability, and Indemnity.

20. CONTACT INFORMATION 

If you have any questions about our Platform Terms, please contact us at legal@powerreviews.com