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

  1. Are responsible for the contents of your message.
  2. 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.
  3. 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.
  4. Understand our Services are subject to monthly subscription fees ("Paid Services")
  5. 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.
  6. 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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