Terms of Use

BUZZBAR Terms of Use

This web site is provided for your information and entertainment, and we hope you enjoy using it. Please browse the web site and make use of its various features, but please be aware that your use of the web site is subject to the following terms and conditions (sometimes referred to below as the “Terms of Use”). If you do not agree to these terms and conditions, please do not use this web site.

You may not use this web site if you are not of legal age to consume alcoholic beverages in the state in which you reside.

Ownership and Operation

This site and its related services and applications (collectively, this “Service”) is being offered by Buzz Bar, LLC, a Florida limited liability company (“BUZZBAR” or “we”). BUZZBAR may, in its sole discretion and at any time, modify, suspend or discontinue this Service or specific portions of it.

Agreement to Be Bound

Your access to and use of this Service constitutes your agreement with BUZZBAR to be bound by, and to act in accordance with, these Terms of Use. From time to time, BUZZBAR may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.

Termination

You may terminate your use of this Service at any time. BUZZBAR may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by BUZZBAR in its sole discretion, or (ii) for any other reason in BUZZBAR’s sole discretion. BUZZBAR may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to BUZZBAR upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that BUZZBAR shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.

Continuing Agreement

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.

Ownership and Use of the Service and Site Materials

All right, title and interest in and to this Service, including all text, designs, images, videos, audio, graphics, Software, charts, photographs, icons and other content and materials on the Service (collectively, “Materials”), are owned by BUZZBAR and its licensors. The design, collection, selection, arrangement, and assembly of all Materials on this Site (the “Compilation”) belongs exclusively to BUZZBAR or its Software suppliers. BUZZBAR also owns or has a right to use all trademarks, service marks, logos, emblems, trade dress and trade names used on this Service (collectively, “Trademarks”). The Materials, the Software and the Compilation are all protected by U.S. and international copyright laws. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to BUZZBAR appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any BUZZBAR Trademark without the express written consent of BUZZBAR is strictly prohibited. You may not use any BUZZBAR Trademark in any way that is likely to cause confusion. You may not use any BUZZBAR Trademark in any way that disparages or discredits BUZZBAR. Any unauthorized use of any trade dress, marks or any other intellectual property belonging to BUZZBAR or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

As between you and BUZZBAR, BUZZBAR owns and reserves all right, title, and interest in and the Site and the Materials (including, without limitation, the Trademarks). BUZZBAR grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. BUZZBAR may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by BUZZBAR in its sole discretion.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.

Any modification of the Materials or use of the Materials for any other purpose is a violation of BUZZBAR’s or its licensors’ copyright and other proprietary rights. The use of any such Materials on any other service or computer network without BUZZBAR’s written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by BUZZBAR, is strictly prohibited. All rights not expressly granted to you are reserved by BUZZBAR or its licensors.

User Accounts

If you register an account on the Service (an “Account”), you:

  • must not allow any third party to access the Service using the email address you provided during the registration process (“Log-in ID”) and password;
  • are prohibited from using anyone else’s Log-in ID and password to access the Service;
  • are responsible for ensuring that any information that you provide to BUZZBAR as part of the account registration process is accurate and is kept up to date at all times, and you will notify BUZZBAR immediately of any changes to this information;
  • are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password; and
  • will notify BUZZBAR immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password.

User Code of Conduct

In using or accessing this Service, you agree, without limitation:

  • not to use this Service in breach of these Terms of Use;
  • not to use this Service for commercial purposes;
  • not to “spam” others or “phish” for others’ personal information;
  • not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
  • not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
  • not to create or use a false identity on this Service;
  • not to collect or store personal data about others;
  • not to use, frame or utilize framing techniques to enclose any part of this Service without BUZZBAR’s express prior written consent;
  • not to use meta tags or any other “hidden text” utilizing any Trademark without BUZZBAR’s express prior written consent;
  • not to “deeplink” to this Service without BUZZBAR’s express prior written consent;
  • not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
  • not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
  • not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use;
  • not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications; and
  • not to use this Service in breach of any Third Party Site’s (as defined below) terms and conditions.

You agree to immediately notify BUZZBAR if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify BUZZBAR, or we otherwise suspect such activity, you agree to cooperate with BUZZBAR in any investigation and to use any prevention measures we prescribe.

In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of BUZZBAR.

User Submissions

Certain portions of the Service may permit you to submit, post, transmit or upload content created by you (“User Submissions”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

  • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
  • include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
  • contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses;
  • could be considered bulk unsolicited communications;
  • are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
  • contain advertisements or solicitations of any funds, goods or services; or
  • is a communication by a user impersonating another user.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to BUZZBAR through this Service, whether solicited or unsolicited, you agree that you are granting BUZZBAR, its third-party service providers who provide the Service, and retail partners (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, “Use”) such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.

No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.

You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including, without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. BUZZBAR also reserves the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that BUZZBAR does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.

If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by visiting BUZZBARicecream.com and filling out the contact form, or writing to us at BUZZBAR at 1299 Ocean Avenue, Suite 306, Santa Monica, California 90401. Please provide as much detail as possible, including a copy of the underlying material, the location where BUZZBAR may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; BUZZBAR will only remove User Submissions if BUZZBAR believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled “Copyright Agent.” In no event does BUZZBAR assume any liability for failing to either monitor or remove specific User Submissions.

BUZZBAR will fully cooperate with any law enforcement authorities or court order requesting or directing BUZZBAR to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. BUZZBAR may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of BUZZBAR, its customers or the public.

Downloaded Software

From time to time BUZZBAR may make available as part of the Materials on this Service particular software including files, images and data relating to the software (the “Software”). You do not own the downloaded software, and BUZZBAR does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Use. BUZZBAR retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through this Service is subject to United States export control laws. If you download Software from this Service, you represent and warrant to BUZZBAR that you are not acting in violation of those laws.

Mobile Devices

If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which BUZZBAR makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and BUZZBAR will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.

Privacy

For information on how BUZZBAR uses and protects the personal information you may provide on this Service, please read the BUZZBAR Privacy Policy at: BUZZBARicecream.com/privacypolicy. The Privacy Policy is incorporated into these Terms of Use and explains BUZZBAR’s privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

Geographic Scope of Site

BUZZBAR controls and operates this Service from within the United States of America. Unless otherwise specified on or by this Service, this Service is intended to promote only those BUZZBAR products that are sold by BUZZBAR in the United States and its territories and possessions, and BUZZBAR makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.

Links to Other Sites

For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by BUZZBAR (“Third Party Sites”). BUZZBAR has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. BUZZBAR may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by BUZZBAR to, or an endorsement by BUZZBAR of, the linked Third Party Sites or any products or services, or other materials on or available from such Third Party Sites. BUZZBAR is not responsible for webcasting or any other form of transmission received from any linked Third Party Sites. In addition, BUZZBAR is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

If you determine to share any information about any BUZZBAR products through a social network platform, including through links provided by BUZZBAR through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by BUZZBAR, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.

Accuracy of Information

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. BUZZBAR makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.

We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, BUZZBAR shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BUZZBAR shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BUZZBAR shall immediately issue a credit to your credit card account in the amount of the charge.

CONTENTS OF THIS SERVICE – DISCLAIMER

THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUZZBAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BUZZBAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. BUZZBAR UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. BUZZBAR IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND BUZZBAR DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS IN OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, BUZZBAR CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, BUZZBAR IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF BUZZBAR OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.

OPERATION OF THIS SERVICE – DISCLAIMER

BUZZBAR ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, BUZZBAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BUZZBAR MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES, MALWARE OF ANY TYPE OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT BUZZBAR) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, MALWARE, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BUZZBAR, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “BUZZBAR PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE BUZZBAR PARTIES SHALL NOT BE LIABLE EVEN IF BUZZBAR OR A BUZZBAR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE, MALWARE OF ANY KIND OR OTHER HARMFUL COMPONENT.

Note as to Disclaimers and Limitation of Liability

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the BUZZBAR Parties’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.

Indemnification

You hereby agree to defend, indemnify and hold the BUZZBAR Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.

Remedies

You agree that BUZZBAR’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that BUZZBAR shall be entitled to seek specific performance or injunctive relief, or both, in addition to any damages that BUZZBAR may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No instance of waiver by BUZZBAR of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

No right or remedy of BUZZBAR shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys’ fees and expenses.

ARBITRATION IF A DISPUTE ARISES (“Arbitration Agreement”)

Any legal dispute between you and BUZZBAR concerning or arising out of these Terms of Use, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. However, either you or BUZZBAR may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. You may opt out of this Arbitration Agreement within the first sixty (600 days after the earliest of the first time you (a) make a purchase from the Site; or (b) you use the Service, or sign up for any service provided by BUZZBAR, by sending a signed letter to BUZZBAR Arbitration Opt-Out, Attn: Legal, 1299 Ocean Avenue, Santa Monica, California 90401. The letter should include your printed name, address, and the words “Reject Arbitration”.

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and BUZZBAR agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Los Angeles County, in the State of California. We encourage you to call BUZZBAR in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and BUZZBAR also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and BUZZBAR hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

BUZZBAR will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms of Use, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of California will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Copyright Agent

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Buzz Bar, LLC

1299 Ocean Avenue, Suite 306

Santa Monica, California 90401

Attn: DMCA Copyright Agent

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

Applicable Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the California state or federal courts, as applicable, located in Los Angeles County, and BUZZBAR and you hereby accept and submit to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. BUZZBAR and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No failure on the part of BUZZBAR to enforce any part of these Terms of Use shall constitute a waiver of any of BUZZBAR’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by BUZZBAR nor the reliance of any person on BUZZBAR’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of BUZZBAR shall have any legal effect whatsoever.

No Legal Effect

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.

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Terms of Use Rev. 1.3