TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE
OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE
TERMS OF USE, THEN DO NOT USE THIS WEBSITE. THIS WEBSITE
AND THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY
TIME WITHOUT NOTICE.
BUZZ PROMOTER provides its "Mobile Marketing"
service solely to enable small--to--medium sized businesses
and organizations a communication tool to collect
user mobile numbers and to create, launch and manage
text messaging services.
BUZZ PROMOTER grants you a limited license with the
following liabilities
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Are responsible for the contents
of your message.
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You certify that the mobile
numbers you enter or upload in your subscriber list,
those subscribers have given you permission to send
them text messages. Plus, you are responsible for
your subscribers, the management of them and are
solely responsible for not sending messages to un-authorized
subscribers.
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That you will not use our service
for chain letters, junk mail, "spamming"
or commercial solicitations or to send any message
or material that (a) is libelous, defamatory, obscene,
pornographic, threatening, invasive of privacy or
publicity rights, abusive or illegal; (b) violates
the copyright, patent, trade secret or any other
rights of another party; or (c) otherwise gives
rise to liability or violates any other applicable
law. If we become aware of or determine, in our
sole discretion, that you are violating any of our
Terms of Use, we may modify or terminate your privileges,
with or without notice to you.
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Understand our Services are
subject to monthly subscription fees ("Paid
Services")
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That BUZZ PROMOTER will not
use contacts listed in your contact section or any
other customer information for any other purposes
than those intended with the Service. Additional
detail of this statement is provided in Restrictions
and Responsibilities.
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Will adopt and maintain the
Code of Conduct.
BUZZ PROMOTER or the directors of the company
shall not be held liable for the content of the messages
or the sending of the messages to un-authorized users.
We have the right at any time to suspend your account
if we believe you are in breach of the terms and conditions
accepted by you or those you assign your password.
You may use the Site only as intended by BUZZ PROMOTER.
While BUZZ PROMOTER has no obligation to monitor the
site and is not responsible for your conduct, BUZZ PROMOTER
reserves the right to suspend, prohibit, deny access,
edit, or take other appropriate action with respect
the Services it believes may be (or is alleged to be)
in violation of the Terms of Use foregoing to anyone
at anytime. All persons are hereby notified that use
of the Site constitutes consent to such actions, monitoring
and auditing.
Fees will be billed immediately upon purchase. The Fees
are based on the Package chosen and other associated
Services you select. You are responsible for reviewing
the Pricing Schedule from time to time and remaining
aware of the Fees charged by BUZZ PROMOTER. The Pricing
Schedule, including message volume per Package and prices,
is subject to change at any time at BUZZ PROMOTER's
discretion. BUZZ PROMOTER will attempt to notify you
via the announcement section of our web site to the
effectiveness of any change to the Pricing Schedule.
Payment for Services will be made by a valid credit
card. Fees are payable in US dollars. The monthly payment
option will be charged automatically on the first of
the month. Amounts paid for the Services are not refundable.
You acknowledge and agree that you are responsible for
paying Fees for all text messages sent through BUZZ
PROMOTER regardless of whether delivery of such messages
to their intended recipients is delivered, prevented
or possibly blocked by any third party.
BUZZ PROMOTER may require short periods of unavailability
of services for numerous reasons such as to implement
changes, upgrades and maintenance. We will use reasonable
endeavors to perform the activities which requires the
unavailability of the services, or which is reasonably
likely to have an adverse effect upon the services between
the hours of: 1am - 3am Central Standard Time. In the
case of un-planned maintenance shall provide as much
advance notice to clients as is reasonably practicable.
BUZZ PROMOTER shall use its reasonable endeavors to
conduct these activities under this paragraph so as
to minimize adverse impact on clients.
BUZZ PROMOTER will not use your customer list or any
other customer information for any other purposes than
those intended with the Service. Your customer information
will not be shared with any other parties unless required
by law.
This is an Agreement for Services, and you are not granted
a license to any software by this Agreement. You will
not, directly or indirectly: reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source
code, object code, or underlying structure, ideas, or
algorithms of, or found at or through the Services or
any software, documentation, or data related to the
Services ("Software"); remove any proprietary
notices or labels from the Services or any Software,
modify, translate, or create derivative works based
on the Services or any Software; or copy, distribute,
pledge, assign, or otherwise transfer or encumber rights
to the Services or any Software.
Unless you are authorized by BUZZ PROMOTER, you may
not display, copy, reproduce, or distribute the Software,
any component thereof, any documentation provided in
connection with the Services or the Software, or any
content, including but not limited to newsletters, distributed
to you by BUZZ PROMOTER. in connection with the Services.
Violation of these restrictions may result in the termination
of this Agreement.
You acknowledge and agree that the Services and the
BUZZ PROMOTER. Company names and logos and all related
product and service names, design marks and slogans,
are the property of BUZZ PROMOTER. or its affiliates
or suppliers. You are not authorized to use any of the
Names and Logos in any advertising, publicity or any
other commercial manner without the prior written consent
of BUZZ PROMOTER. Your use of the Services confers no
title or ownership in the Services, the Software or
the Names and Logos and is not a sale of any rights
in the Services, the Software or the Names and Logos.
The Services may only be used for lawful purposes. Transmission
or solicitation of any material that violates the Code
of Conduct, the United States federal, state or other
laws that may apply in this jurisdiction or your local
area is prohibited.
If you receive special discounts, BUZZ PROMOTER reserves
the right to change those discounts at anytime. In the
case of any change in status, discounts may no longer
apply.
The Services are available only to persons who can form
legally binding contracts under applicable law. Without
limiting the foregoing, the Services are not available
to individuals under the age of 18. If you do not qualify,
you are not permitted to use the Services.
You are solely responsible for maintaining the confidentiality
of your password and account. You are also solely responsible
for any and all activities that occur under your account.
You may change your password, or any other account information,
at any time available in the My Account page in the
BUZZ PROMOTER Portal. You agree to notify BUZZ PROMOTER.
immediately of any unauthorized use of your account
or any other breach of security known to you. You must
promptly inform BUZZ PROMOTER Customer Service of actual
or apparent breaches of security, such as loss, theft,
or an authorized disclosure or use of a User Account
or password. Until BUZZ PROMOTER is notified by speaking
with one of us of a breach in security, you will remain
liable for any unauthorized use of the BUZZ PROMOTER
Service through your account. In consideration for using
the BUZZ PROMOTER Service, you agree to: (1) provide
certain current, complete, and accurate information
about you and (2) maintain and update this information
as required to keep it current, complete and accurate.
If any information provided by you during your original
registration or My Account page sign-up is inaccurate,
BUZZ PROMOTER. reserves the right to terminate your
account immediately and your right to use the BUZZ PROMOTER
Service.
Links to other web sites do not imply an endorsement
of the materials disseminated by publishers at those
web sites, nor does the existence of a link to another
site imply that the organization or person publishing
at that site endorses any of the materials at this site.
BUZZ PROMOTER is not responsible for the materials contained
at any web site linked to this site.
BUZZ PROMOTER MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH
ARE PROVIDED FOR USE "AS IS" AND "AS
AVAILABLE." BUZZ PROMOTER DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE,
ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS
OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE.
BUZZ PROMOTER DOES NOT WARRANT THE FUNCTIONS, INFORMATION
OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS
WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS
CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT
THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES,
CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT
BUZZ PROMOTER) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. BUZZ PROMOTER DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND
THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED
SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Any reliance upon any advice, opinion, statement or
other information displayed or distributed through the
Site is at your sole risk. BUZZ PROMOTER reserves the
right, in its sole discretion and without notice, to
correct any errors or omissions in any portion of the
Site or to deny access to the Site to anyone at anytime.
Neither BUZZ PROMOTER nor its affiliates shall have
any liability arising from your reliance upon the information
provided on the Site.
BUZZ PROMOTER reserves the right to change any and all
content contained on this Site at any time without notice.
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
BUZZ PROMOTER.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility
to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise and other
information provided on--or--through the Site or on
the Internet generally.
Neither BUZZ PROMOTER nor any of its affiliates shall
have any liability to you for usage charges related
to any device that you use to access the Site or use
of BUZZ PROMOTER's Services, including, without limitation,
usage charges for mobile telephones, Palm OS devices,
Windows CE devices, car navigation systems, pagers,
Smartphones and other devices, whether wireless, wireline,
requiring cradle synchronization or otherwise.
You agree to indemnify, defend and hold harmless BUZZ
PROMOTER and their respective officers, directors, owners,
agents, information providers and licensors (collectively
" BUZZ PROMOTER Parties") from and against
any claims, liability, losses, costs and expenses (including
but not limited to attorneys' fees) incurred by any
BUZZ PROMOTER Party in connection with any use or alleged
use of this website under your password by any person,
whether or not authorized by you, or any other violation
of this Agreement by you. BUZZ PROMOTER reserves the
right to assume the exclusive defense and control, at
its own expense, of any matter otherwise subject to
indemnification by you. In such case, you agree to cooperate
with BUZZ PROMOTER defense of such claim.
This website is controlled and operated by BUZZ PROMOTER
from its offices in Austin, TX, United States of America.
BUZZ PROMOTER makes no representation that materials
on this website are appropriate or available for use
outside the United States of America. Those who choose
to access this website from other locations do so on
their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are
applicable.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL BUZZ PROMOTER BE LIABLE FOR ANY DIRECT,
INDIRECT, SPEICAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MATERIALS ON THIS SITE, EVEN IF BUZZ PROMOTER OR A BUZZ
PROMOTER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR
OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMIATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO
EVENT SHALL BUZZ PROMOTER's TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN
CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR
SERVICE.
This Agreement is effective until terminated by either
party. You may terminate this Agreement at any time
by calling BUZZ PROMOTER's Customer Service. There are
no refunds for any fees paid. BUZZ PROMOTER may terminate
this Agreement or the Services, disable your account
or put your account on inactive status, in each case
at any time with or without cause, and with or without
notice. BUZZ PROMOTER shall have no liability to you
or any third party because of such termination or action.
BUZZ PROMOTER will delete any of your archived data
within 30 days after the date of termination. After
termination, you are required to process all unsubscribe
requests within 30 days of your last campaign. BUZZ
PROMOTER will provide upon request the list of unsubscribe
requests from your last campaign. All sections of this
Agreement that by their nature should survive termination
will survive termination, including, without limitation,
ownership, warranty disclaimers and limitations of liability.
If your account is classified (at BUZZ PROMOTER's sole
discretion) as inactive for over 120 days, BUZZ PROMOTER
has the right to permanently remove your subscriber
data. BUZZ PROMOTER will attempt to contact you via
email prior to taking any permanent removal actions.
You may not remove or export from the United States
or allow the export or re-export of the Services, or
any direct product thereof, including technical data,
in violation of any restrictions, laws, or regulations
of the United States or any other applicable country.
This Agreement constitutes the entire agreement between
the parties relating to the subject matter herein and
shall not be modified except in writing, signed by both
parties. If any provision of the Agreement is found
to be unenforceable or invalid, that provision will
be limited or eliminated to the minimum extent necessary
so that this Agreement will otherwise remain in full
force and effect and enforceable.
No agency, partnership, joint venture, or employment
is created as a result of the Agreement, and you do
not have any authority of any kind to bind BUZZ PROMOTER
in any respect whatsoever.
In any action or proceeding to enforce rights under
the Agreement, the prevailing party will be entitled
to recover its costs and attorneys' fees.
Communications made through the BUZZ PROMOTER messaging
system shall in no way be deemed to constitute legal
notice to BUZZ PROMOTER or any of its officers, employees,
agents or representatives, with respect to any existing
or potential claim or cause of action against BUZZ PROMOTER
or any of its agencies, officers, employees, agents
or representatives, where notice to BUZZ PROMOTER is
required by contract, or any federal, state or local
laws, rules or regulations.
If you feel you feel you have been sent an unsolicited
message, please contact us by email at
support@buzzpromoter.com
We discourage and do our utmost to hinder the proliferation
of unsolicited messages (SPAM). Although we outline
in much greater detail our position and actions to eliminate
SPAM, we find it unacceptable for anyone to utilize
BUZZ PROMOTER as a proliferation tool, and will assist
and prosecute to the full extent of the law anyone knowingly
violating our Terms and Conditions.
This is a list of a few primary actions BUZZ PROMOTER
takes to eliminate SPAM.
- Our clients are responsible for maintaining their
own subscribers and accept our strict Terms and Conditions
regarding SPAM. All of our clients know that SPAM
is a violation of our Terms and Conditions. All subscribers
are required to reply to their first message confirming
their "opt-in" status.
- Subscribers can "opt-out" at any given
time 24/7 in numerous ways. Additionally, we have
programmed numerous checks and balances throughout
our application and we also work in conjunction with
our partner's reporting tool to highlight inconsistencies.
- Anyone of our clients found sending unsolicited
messages, knowingly or unknowingly, will be given
one warning. If by chance it would happen again, their
account is suspended for a minimum of 3 months depending
on the severity of their actions.
- Being consumers ourselves we detest any company
that disregards privacy, the rights of consumers and
promotes unsolicited messages.
PRIVACY POLICY
Buzz Promoter is committed to your privacy. This privacy
policy explains data collection and use practices
of Buzz Promoter (the "Site").
Any personal information collected on this website
will be used to operate the Site and to provide the
service(s) or carry out the transaction(s) you have
requested or authorized. We will never share, sell,
or rent your personal information with third parties
for any use. If required we disclose personal information
to cooperate with regulators or law enforcement authorities,
to comply with a legal process such as court order,
subpoena, search warrant, or law enforcement request.
Buzz Promoter uses security precautions to keep all
information provided to us secure. To prevent unauthorized
access, maintain data accuracy, and ensure the appropriate
use of information, we have put in place appropriate
physical, electronic, and managerial procedures to
safeguard and secure the information we collect. Additionally,
when we transmit sensitive personal information (such
as a credit card number) over the Internet, we protect
it through the use of encryption, such as the Secure
Socket Layer (SSL) protocol.
Some of our sites provide links to third-party websites,
such as those of our business partners and online
advertisers. While on these sites, Buzz Promoter or
its partners may collect information about you. Because
Buzz Promoter does not control the information policies
or practices of these third parties, you should review
their privacy policies to learn more about how they
collect and use personally identifiable information.
We provide you with the opportunity to opt-out of
receiving communication from our partners and us when
we request information from you. You may send a request
to remove your information from our database, stop
future communication, limit the use of your information,
or to review and modify information that you may have
previously provided. Such requests can be sent via
the contact information provided in the "Contact
Us” section.
If you have any questions regarding this policy please
email us at support@buzzpromoter.com
or by mail at:
Buzz Promoter
6001 W Parmer Lane
Suite 180
Austin, TX 78729
CODE OF CONDUCT
Summary
The Code of Conduct is divided into six categories:
choice, control, customization, consideration, constraint
and confidentiality.
Choice
Consumers must opt-in to all mobile messaging programs.
Consumers may opt-in to a program by sending a text
message, calling a voice response unit, registering
on a website, or through some other legitimate paper-based
method; they opt-in for a specific program only. Choice
doesn't carry forward unless the consumer is part
of a brand loyalty program whose opt-in registration
clearly provides for on-going communications. Even
then, the consumer's desire to participate must be
validated at the beginning of a new messaging program.
Segmentation-based marketing (by interests, demographics,
etc.) and location-based marketing is prohibited unless
the consumer clearly opted-in to receive the campaigns
by giving personally identifiable information that
is verifiable with their identity.
Control
Consumers must also be allowed to easily terminate
-- opt-out -- their participation in an ongoing mobile
messaging program through channels identical to those
through which they can opt-in to a given program.
Programs with multiple message strings must provide
an opt-out option for each message.
Customization
As mobile messaging campaigns are most effective when
appropriately targeted, consumers could be asked to
provide demographic, preferences and other information.
All "follow on" communications targeted
at an existing opt-in universe should be encouraged
to use this data to optimize message volumes, redemption
rates, and return-on-investment -- plus restrict communications
to those categories specifically requested by the
consumer.
Consideration
The consumer must receive and/or be offered something
of value to them in return for receiving the communication.
Value may be delivered in the form of product and
service enhancements, reminders, sweepstakes, contests,
information, entertainment, discounts or location-based
services
Constraint
The marketer, content provider, or aggregator must
provide a global "throttling mechanism"
capable of managing the number of messages received
by an individual consumer. The purpose of the throttle
is to effectively manage and limit mobile messaging
programs to a reasonable number of programs, defaulted
to a maximum of 2 new campaigns per week (One campaign
may have one initial opted-in communication followed
by several two-way communications initiated by the
consumer as part of that one campaign; i.e. a trivia
game). Consumers will have the option to override
the throttle through an additional Opt-in available
through the standard channels.
Confidentiality
Align with TRUSTe with specific provisions on not
renting, selling or sharing personal information about
consumers participating in programs delivered through
its platform with other people or nonaffiliated companies
except to provide the products and services requested.
Aggregated, non-personal, non-individual information
might be shared collectively with partners for research
purposes only. All customers should be subjected to
the terms and conditions of a privacy policy that
meets TRUSTe's example.
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