Welcome to the User Agreement for NAMEBUZZ App. The NAMEBUZZ service and app (collectively, "NAMEBUZZ" or "the Service") are owned and operated by ------ ----. (collectively, "us", "we" or "the Company"). Agreement describes the terms on which you may access and use our services. By accessing or using our app NAMEBUZZ ("App"), you (the "User") signify that you have read, understood and agree to be bound by terms contained in "User Agreement"), being registered member of NAMEBUZZ (“Member”). Nothing in this Agreement shall be deemed to confer any third party rights.
PLEASE READ THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTE RESOLUTION WORKS.
Use of the Service is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. can use the Service under guidance from the Guardian or Representative(s). If you are a minor i.e. under the age of 18 years, you shall not sell or purchase for any items using the Service. As a minor if you wish to purchase or sell any service on NAMEBUZZ such purchase or sale may be made by your legal guardian or parents. [N1]NAMEBUZZ reserves the right to terminate your Registration and refuse to provide you with access to the Service if it is brought to NAMEBUZZ’s notice or if it is discovered that you are under the age of 18 years.
Business entity registration
If you are registering as a business entity, you represent that you are duly
authorised by the business entity to accept this User Agreement and you have
the authority to bind that business entity to this User Agreement.
Registration in the Service is void where prohibited. The NAMEBUZZ Service is not available to any users suspended or removed from the system by NAMEBUZZ for any reason whatsoever. Users should not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your NAMEBUZZ account to another party. If you do not qualify, you may not use the NAMEBUZZ Service
When You use the Service or send emails or other data, information or communication to NAMEBUZZ, You agree and understand that You are communicating with NAMEBUZZ through electronic records and You consent to receive communications via electronic records from NAMEBUZZ periodically and as and when required. NAMEBUZZ will communicate with You by email or by a Post notice or electronic records on NAMEBUZZ App which will be deemed adequate service of notice / electronic record.
Registration Details and Account Security
In consideration of your use of the App, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the App ("Registration Details"); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and (c) you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge.
COLLECTION OF YOUR INFORMATION
NAMEBUZZ may collect information about USER in a variety of ways. The information NAMEBUZZ may collect via the Application depends on the content and materials USER use, and includes:
Demographic and other personally identifiable information (such as name, phone, email address) that USER voluntarily give to NAMEBUZZ when choosing to participate in various activities related to the Application, such as chat, posting messages in comment sections or in forums, liking posts, sending feedback, and responding to surveys. If USER choose to share data about himself via his profile, online chat, or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and USER data will be accessible to anyone who accesses the Application.
Information our servers automatically collect when USER access the Application, such as USER native actions that are integral to the Application, including liking, re-blogging, or replying to a post, as well as other interactions with the Application and other users via server log files.
NAMEBUZZ may request access or permission to and track location-based information from USER mobile device, either continuously or while USER are using the Application, to provide location-based services. If USER wish to change our access or permissions, USER may do so in USER device’s settings.
Mobile Device Access
NAMEBUZZ may request access or permission to certain features from USER mobile device, including USER mobile device’s [camera, location, read / write files]. If USER wish to change our access or permissions, USER may do so in USER device’s settings.
NAMEBUZZ may request to send USER push notifications regarding USER account or the Application. If USER wish to opt-out from receiving these types of communications, USER may turn them off in USER device’s settings.
Information from third parties, such as personal information or network friends, if USER connect USER account to the third party and grant the Application permission to access this information.
USE OF USERS INFORMATION
Having accurate information about USER permits us to provide USER with a
smooth, efficient, and customized experience. Administer sweepstakes,
promotions, and contests.
1. Generate a personal profile about USER to make future visits to the Application more personalized.
2. Increase the efficiency and operation of the Application.
3. Monitor and analyze usage and trends to improve USER experience with the Application.
4. Notify USER of updates to the Application.
5. Offer new products, services, mobile applications, and/or recommendations to USER.
6. Perform other business activities as needed.
7. Request feedback and contact USER about his use of the Application.
8. Resolve disputes and troubleshoot problems.
9. Respond to product and customer service requests.
10. Send USER a newsletter.
DISCLOSURE OF USERR INFORMATION
NAMEBUZZ may share information NAMEBUZZ has collected about USER in certain situations. USER information may be disclosed as follows:
By Law or to Protect Rights
If NAMEBUZZ believe the release of information about USER is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, NAMEBUZZ may share USER information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
NAMEBUZZ may share USER information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
With USER consent, or with an opportunity for USER to withdraw consent, NAMEBUZZ may share USER information with third parties for marketing purposes, as permitted by law.
Interactions with Other Users
If USER interact with other users of the Application, those users may see USER name, profile photo, and descriptions of USER activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
When USER post comments, contributions or other content to the Applications, USER posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity
NAMEBUZZ may use third-party advertising companies to serve ads when USER visit the Application. These companies may use information about USERr visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to USER.
NAMEBUZZ may share USER information with our business partners to offer USER certain products, services or promotions.
Social Media Contacts
If USER connect to the Application through a social network, USER contacts on the social network will see USER name, profile photo, and descriptions of USER activity.
Other Third Parties
NAMEBUZZ may share USER information with advertisers and investors for the purpose of conducting general business analysis. NAMEBUZZ may also share USER information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are
acquired by another entity, we may transfer USER information to the successor
entity. If we go out of business or enter bankruptcy, USER information would be an
asset transferred or acquired by a third party. USER acknowledge that such
transfers may occur and that the transferee may decline honor commitments we
NAMEBUZZ are not responsible for the actions of third parties with whom USER share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If USER no longer wish to receive correspondence, emails or other communications from third parties, USER are responsible for contacting the third party directly.
Cookies and Web Beacons
SECURITY OF USERR INFORMATION
NAMEBUZZ use administrative, technical, and physical security measures to help protect USER personal information. While we have taken reasonable steps to secure the personal information USER provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if USER provide personal information.
POLICY FOR CHILDREN
NAMEBUZZ do not solicit information from or market to children under the age of 13. If USER become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
OPTIONS REGARDING USER INFORMATION
USER may at any time review or change the information in USER account or
terminate USER account.
Please note: Users don’t get offended if other users buzzes their posts.
Although as an online service provider, we are not responsible for the conduct of our users, we want NAMEBUZZ to be a safe place on the internet. Therefore, by using NAMEBUZZ USER represent, warrant and agree that no materials of any kind posted through USERr account or otherwise posted, transmitted, or shared by USER on or through the Service will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, USER agree not to use the Service or the App to:
Recognizing the global nature of the Internet, USER agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, USER agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which USER reside.
USER understand and agree that NAMEBUZZ and the Service merely provides social networking services to its Registered Users and persons browsing / visiting the App. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. NAMEBUZZ neither initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. NAMEBUZZ has no control over the third party user generated contents.
The Company may terminate USER Registration, delete USER profile and any content, data or information that USER have posted on the App or through any Platform Application and/or prohibit USER from using or accessing the Service or the App or any Platform Application (or any portion, aspect or feature of the Service or the App or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. Furthermore, USER agree that all terminations shall be made in NAMEBUZZ’s sole discretion and that NAMEBUZZ shall not be liable to his nor any third-party for any termination of your account or access to the NAMEBUZZ Service.
Proprietary Rights in App Content; Limited License
All content on the App and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "App Content"), are the proprietary property of the Company, with all rights reserved. No App Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the App. Provided that you are eligible for use of the App, you are granted a limited license to access and use the App and the App Content and to download or print a copy of any portion of the App Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish App Content on any Internet, Intranet or Extranet App or incorporate the information in any other database or compilation, and any other use of the App Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the App or the App Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.
User Content Posted on the App
You are solely responsible for the profiles, comments, messages, notes, text,
documents, presentations, videos, video recordings, animation files, listings,
forwarded messages / audio / video and other content that you upload, publish
or display (hereinafter, "post") on or through the Service or the App, or transmit to
or share with other users (collectively the "User Content"). You may not post,
transmit, or share User Content on the App or Service that you did not create or
that you do not have permission to post. You understand and agree that the
Company may, but is not obligated to, review the App and may delete or
remove (without notice) any App Content or User Content in its sole discretion, for
any reason or no reason, including without limitation User Content that in the sole
judgment of the Company violates this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of users or
others. You are solely responsible at your sole cost and expense for creating
backup copies and replacing any User Content you post or store on the App or
provide to the Company.
When you post User Content to the App, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the App. NAMEBUZZ do not claim any ownership of the User Content.
You may remove your User Content from the App at any point of time. Further you also acknowledge that the Company may retain archived copies of your User Content whether Public or Private.
You will not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is NAMEBUZZ's policy to terminate Registration privileges of a Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to NAMEBUZZ by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the NAMEBUZZ Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the NAMEBUZZ Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.
Repeat Infringer Policy
In accordance with the Copyright Act 1957 and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, Members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the App and/or terminate the Registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Apps and Content
The App contains (or you may be sent through the App or the Service) links to other web Apps ("Third Party Apps") as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Apps or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any “Third Party Apps” accessed through the App or any Third Party Applications, Software or Content posted on, available through or installed from the App, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Apps or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party App or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third Party Apps or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any App to which you navigate from the App or relating to any applications you use or install from the App.
You agree to receive communications from NAMEBUZZ in connection with your use of NAMEBUZZ Services in the form of email or SMS messages, including without limitation account activity notification, service updates, and reminders.
You are solely responsible for your interactions with other Members. NAMEBUZZ.com reserves the right, but has no obligation to monitor disputes between you and other Members.
Disclaimer of Warranties
You understand and agree that the NAMEBUZZ service is provided on an “as is”
and “as available” basis and that NAMEBUZZ does not assume any responsibility
for prompt or proper delivery, or retention of any user information or
communications between users. NAMEBUZZ assumes no responsibility for the
accuracy or existence of any communications between users. NAMEBUZZ
expressly disclaims all warranties of any kind, whether expressed or implied,
including, but not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
NAMEBUZZ makes no warranty that
(i) the NAMEBUZZ Service will meet your requirements,
(ii) the NAMEBUZZ Service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from use of the NAMEBUZZ Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the NAMEBUZZ service will meet your expectations, and
(v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the NAMEBUZZ service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile or any other electronic devices or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from NAMEBUZZ or through or from the NAMEBUZZ service shall create any warranty not expressly stated in this user agreement. Some jurisdictions do 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 may not apply to you.
Limitation of Liability
You expressly understand and agree that NAMEBUZZ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if NAMEBUZZ has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The User Agreement between you and NAMEBUZZ will be governed by, and construed in accordance with the laws of the State of New Delhi, India without regard to conflict of laws principles.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App or the Service, provided by you to Company are non-confidential, and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement is accepted upon your use of the NAMEBUZZ App or any of the NAMEBUZZ Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and NAMEBUZZ regarding the use of the NAMEBUZZ Services. The failure of NAMEBUZZ to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right, or provision. The section titles in this Agreement are for convenience only, and have no legal or contractual effect. NAMEBUZZ is a registered trademark, any you without permission will be regarded as infringement and attract suit for damages with criminal action against the infringer. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.