BuzzMeDo User Terms and Conditions
Welcome to BuzzMeDo! The following Terms and Conditions form a binding agreement between You (“You”) and BuzzMeDo (“We”, “Us” or “BuzzMeDo”). All services provided by BuzzMeDo to You are collectively referred to in this Agreement as the “Services”. These Terms and Conditions, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by BuzzMeDo (collectively, the “Agreement”), constitutes the entire Agreement between BuzzMeDo and You regarding the Services. By using the Services, You confirm your acceptance of this Agreement.
BuzzMeDo enables You and merchants to connect and communicate via mobile. BuzzMeDo offers its Services through its website www.BuzzMeDo.com, and through various Web and mobile applications, conceivably including but not limited to direct-to-mobile texting, mobile web page setup, mobile web page hosting, web notification services, mobile coupon creation, and social/CMS integration, owned and operated by BuzzMeDo, or offered through its partners. For purposes of this Agreement, the term “Customer” refers to all users of BuzzMeDo’s Services, including, without limitation, You, whether as a customer or a Merchant, or both.
Use of Service
You agree that:
- You are 13 years old or older. This service is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a user or send any information about yourself to us;
- You are legally able, willing to comply with, and be bound to the terms of this agreement;
- You are financially responsible for your use of the Services, as well as the use of your account by others;
- You are solely responsible for preventing unauthorized use of the Services using your unique account identifying information (ex. Username, Phone, Password). Once you become a registered user of the service you will receive a confirmation email or text message. You may change your password to protect your account once you have logged into the BuzzMeDo site. You agree to immediately notify BuzzMeDo of any unauthorized use of your account or any other breach of security;
- Offers You make to our customers may be subject to additional terms that are set forth in a separate written agreement between You and Us;
- You will obtain and pay for all equipment and third-party services (e.g., Internet access, email service and mobile service) required for You to access and use the Services;
- You will be responsible for all charges resulting from use of your BuzzMeDo merchant account, including unauthorized use occurring prior to your notifying BuzzMeDo of such use and taking steps to prevent its further occurrences;
- You will not submit content that is copyrighted or subject to other proprietary rights, unless You are the owner of such rights or have appropriate permissions from the owner of such rights to submit such content through the Services;
- You will not promote or use any illegal activities through the use of the Services;
- You will not transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. BuzzMeDo reserves the right to determine what constitutes “objectionable material”. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- The Services make use of the Internet for You to send and receive information. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Services for chain letters, junk text, notifications, alerts, or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process;
- You will not use any automated or manual processes to harvest information from the Services, or attempt to interfere with the proper functioning of the Services;
- You will not impersonate another person, including, without limitation, a customer or Merchant;
- You will not upload or transmit any worm, virus, or other potentially malicious code;
- You will not attempt to access any portion of the Services for which You do not possess access rights;
- You will not attempt to disassemble or reverse engineer the Services, or attempt to derive any source code or underlying structure of the methods, tools, processes and infrastructure of any portion of the Services;
- You will not upload, distribute or disseminate any information that may be harmful to minors;
- Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including but not limited to those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising).
During your use of the Services, You will have access to view, use, create and post various types of information, images, and other content as provided by the Service to you (collectively, the “Content”).
You agree that:
- You will not post, transmit, distribute, or use Content that is discriminatory, defamatory, unlawful, obscene, pornographic, abusive, threatening, or that might constitute a criminal offense, or that might, in BuzzMeDo’s sole discretion, be determined to be inappropriate.
- You will not post, transmit, distribute or use Content that misappropriates a trade secret or infringes any patent, copyright, trademark or other form of intellectual property of a third party, or that violates the privacy, confidentiality or other rights of a third party;
- You will not post, transmit, distribute or use any Content that is inaccurate, or that might cause any damage to the Services or to any of the users or participating providers of the Services;
- You will not obscure or alter Content posted by other users, Merchants or participating providers of the Services;
- You will indemnify, defend and hold BuzzMeDo harmless from and against any and all liabilities, suits, costs and expenses (including, but not limited to reasonable attorneys fees) arising from your use of third party Content available through the Services (including any links or references to information at third party sites or services), and any use, transmission, distribution or publication by BuzzMeDo of Content posted by You, including, without limitation, as a result of the actual or alleged infringement by any portion of such Content of the intellectual property rights of any third party.
- You will be responsible for all Content posted, transmitted or distributed by You, including, but not limited to, personal information, photos, information about people, places and offers, and other such Content;
- You represent and warrant that You have the necessary licenses, rights, permissions and consents to use, publish, transmit and distribute, and authorize BuzzMeDo and its users to use, publish and distribute all Content posted by You and all portions of such Content;
- BuzzMeDo has the right to determine whether any of the Content posted by You is appropriate or in compliance with this Agreement, and to modify or remove all or any portion of such Content;
- BuzzMeDo reserves the right to take any action that BuzzMeDo deems necessary or appropriate in its sole discretion with respect to Content posted by You, including, without limitation, if BuzzMeDo believes You or any of such Content may create liability for BuzzMeDo or any of its users, compromise or disrupt the Services for You or other customers, or cause BuzzMeDo to lose or disrupt (in whole or in part) the Services, the services of BuzzMeDo’s ISPs or other suppliers and partners;
All Content made available by You through the BuzzMeDo Service must follow the Mobile Marketing Association Consumer Best Practices guidelines and Code of Content, which can be found at http://mmaglobal.com/policies. BuzzMeDo reserves the right to remove any portion of Content posted by You, or deactivate any user’s access to Services at any time for Content that it deems inappropriate, restricted, or conflicting, or for any other reason. This includes, but is not limited to the following:
This includes, but is not limited to the following:
- Alcohol marketing should not directly promote the use of or consumption of alcohol.
- Any reference to the abuse to alcohol, drugs, tobacco or other controlled substances is strictly prohibited. This includes verbal and non-verbal actions in which a person could conclude that promotion of drug is intended.
You agree to pay any and all charges associated with your use of the Services. BuzzMeDo reserves the right to charge and collect value-added taxes (“VAT”), sales or other taxes on the Services as it deems appropriate or as otherwise required by law, and BuzzMeDo reserves the right to change prices or institute new charges for access to or use of BuzzMeDo Services. All changes will be posted by BuzzMeDo on the BuzzMeDo website. You are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your BuzzMeDo account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Payment of your BuzzMeDo account balance is due at the 1st or 15th of each month on a recurring basis, in accordance with your payment plan, and must be made by the credit or debit card designated by You for BuzzMeDo use and transactions. If you choose invoice billing charges will be accumulated and charged on the 1st or 15th of each month and invoiced on a monthly basis (or payment plan) via e-mail of the account holder. If the payment method for your account is by credit or debit card and BuzzMeDo does not receive payment from the card issuer or the card is denied (or its agent or affiliate), your account will be terminated. Each time You use the Services, or allow or cause the Services to be used, You agree and reaffirm that BuzzMeDo is authorized to charge your designated card.
To view your current account balance, along with billing details and any accumulated charges, please login to your account at the BuzzMeDo website or contact email@example.com
Any set-up fees, and/or recurring service fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for Merchant accounts payable through recurring subscription fees, BuzzMeDo may submit charges for your recurring service fee in each billing cycle, without further authorization from You, until You provide prior notice (in accordance with BuzzMeDo’s verification procedures, as may be established by BuzzMeDo from time to time in its sole discretion) that You have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before BuzzMeDo reasonably could act on your notice.
If You have any question regarding any charges that have been applied to your account, You must contact BuzzMeDo’s Customer Service Department within thirty (30) days of the charge date, in writing, by sending an email to: info@BuzzMeDo.com. Failure to use your account will not be deemed a basis for refusing to pay any charges. You agree to promptly notify BuzzMeDo of changes to the type, account number, expiration date, CVV, Address, or status (Active, Cancelled, lost, etc.) of your designated credit or debit card, or in any changes to your payment method on record.
Either You or BuzzMeDo may terminate your BuzzMeDo account at any time, with or without cause, upon a written 30-day notice to the other party. Any such notice by You to BuzzMeDo must be in accordance with BuzzMeDo’s verification procedures, as such procedures may be established and changed by BuzzMeDo from time to time in its sole discretion, and which may include the requirement that You contact BuzzMeDo by phone to confirm that any such notice was in fact sent by You. BuzzMeDo also reserves the right to terminate or suspend your BuzzMeDo account without prior notice, provided that BuzzMeDo will attempt to confirm such termination or suspension by subsequent notice.
You agree to hold BuzzMeDo unharmed and to indemnify BuzzMeDo for transactions processed by BuzzMeDo on behalf of You that are fraudulent in nature. Such fraudulent transactions can result from, but are not limited to: misrepresentations during the registration, website building process, or the use of stolen or misappropriated credit cards.
Product/Service Subject to Change
You acknowledge that all products/services are subject to change according to merchant/consumer demand, technological developments, and unforeseen market changes. BuzzMeDo will provide its products and services to You in line with BuzzMeDo’s retail packages, described and available for review on the website. Selection of services cannot be altered by You.
The Services include access to features via text messaging (SMS). There are specific methods for accessing the features of the Service through this option, as described below.
How to opt-in:
To opt-in or subscribe to our Services, You can SMS/text to the Business Keyword to merchant number and You will be guided through the process from your mobile phone.
How to opt-out:
To opt-out from our SMS Services, You can text STOP, END, CANCEL, UNSUBSCRIBE or QUIT to the merchant number from your mobile phone and we will unsubscribe You from receiving offers from the merchant. Once you opt-out, You will not receive any additional messages from the merchant until You re-register.
To get help, email us at info@BuzzMeDo.com.
Message and Data Rates May Apply.
All Carriers that can send and receive text messages in the US.
Resale of Services
Your right to use the Services is personal to You. You agree not to resell the use of the Services unless previously authorized by BuzzMeDo. If you wish to resell, please visit our reseller agreement at www.buzzmedo.com/reseller
Any other services offered by BuzzMeDo such as, but not limited to, website design and development, strategic marketing, advertising, writing, social media setup and management, custom programming, graphic design, identity systems and branding, are outside the scope of this agreement. These services may be available to You at the discretion of BuzzMeDo (and ShareSpace Mobile LLC) at an agreed to amount, in writing, prior to beginning any project. The scope of the project and BuzzMeDo and its principles, employees and sub-contractors, rights, responsibilities and liabilities will be agreed to as well at the same time in writing and are out of the normal scope of this agreement. The Commission amount for any other services offered by BuzzMeDo will be offered at an agreed to amount, in writing, prior to beginning the project.
BuzzMeDo does not represent that it will continue to manufacture any particular item or model of product indefinitely or even for any specific period. BuzzMeDo specifically reserves the right to modify any of the specifications or characteristics of its products, to remove any product from the market, and/or to cease manufacturing or supporting it. BuzzMeDo will inform You of expirations of customers’ services at the email address provided in the account profile.
Use of Trademarks
You acknowledge the following:
- BuzzMeDo owns all right, title and interest in BuzzMeDo names and logotypes.
- BuzzMeDo is the owner of certain other trademarks used in connection with certain products/services.
- You acquire no interest in any such trademarks by virtue of this Agreement or activities under it.
- BuzzMeDo trademarks or any confusing words or symbols will not use as part of merchant name.
Technical support services are defined as attempting to help You solve specific problems with the BuzzMeDo product/serviceâ€”rather than providing training, customization, or other support services. BuzzMeDo will provide technical support to You and the You, the owner’s customers via email, website system or phone. You may choose also to provide technical support directly to You the owner’s customers within the effective breadth of knowledge on the BuzzMeDo product/service.
Participation in Promotions of Merchants
You may enter into correspondence with or participate in promotions of Merchants or other advertisers showing their products and/or services on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the Merchant or other advertiser. BuzzMeDo assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Links to Third Party Services
Links to third-party sites are not under BuzzMeDo control, and BuzzMeDo is not responsible for the contents of those linked sites.
The transmission of unsolicited advertisements is illegal under the Federal Telephone Consumer Protection Acthttp://www.fcc.gov/cgb/consumerfacts/canspam.html and a number of similar state laws. Distribution of unsolicited advertisements through the Services is prohibited.
BuzzMeDo has a NO TOLERANCE spam policy. BuzzMeDo allows only verified opt-in subscriptions. It ensures that all subscribers can opt-out quickly, easily, and permanently from unwanted SMS communications. BuzzMeDo monitors large text imports as well as mobile texts for the sole purpose of minimizing complaints on unwanted spam. Any account found to be using BuzzMeDo for spam will be suspended without notice. If You know of or suspect any violators, please notify BuzzMeDo immediately at info@BuzzMeDo.com. Any unused text or remaining service will not be refunded.
BuzzMeDo considers Spam to be any unsolicited, unexpected, or unwanted email or text message. As such BuzzMeDo does NOT allow use of 3rd party lists (i.e., lists from other sources, services, providers), unless the intended recipients have Opted-In to the Service in compliance with these Terms of Service.
SPAM and ABUSE REPORT
If You wish to remove yourself from any list, please email us (firstname.lastname@example.org) with “”STOP” in the subject line. You also may reply to the text Message received by using the aforementioned keyword.
Please let BuzzMeDo know about any abuse, including Mobile Number, the date and time You received it and the contents of the message. You will be removed from that list and the Client will be restricted from adding your mobile number to their list in the future. The identity of any individual reporting abuse will be kept confidential.
BuzzMeDo maintains an OPT-OUT list that restricts our Clients from adding a mobile number to their list that has been previously Opted-Out, and a Global Block List. If we suspect a violation of our Anti-Spam policy, we will contact You and discuss the options, which may range from a warning, to termination of service and a fine for You. To the best of our knowledge, the BuzzMeDo system adheres to ALL state and national laws regarding sending unsolicited bulk / group text messages.
The federal anti-spam law (CAN-SPAM) went into effect on January 1st, 2004 and preempts all state laws. While this law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial messages and empowers the federal government to enforce laws. The penalties can include a fine and/or imprisonment for up to 5 years.
The Mobile Marketing Association has created Committees in order to actively establish industry-wide, national, and international best practices and guidelines for mobile marketing.
BuzzMeDo and You shall each exercise due diligence to maintain in confidence and not disclose to any third party any proprietary information furnished by the other on a confidential basis and identified as such when furnished. Except in accordance with this Agreement, neither party shall use such information without permission of the party that furnished it. As used in this paragraph, “due diligence” means the same precaution and standard of care which that party uses to safeguard its own proprietary data, but in no event less than reasonable care. This Agreement does not grant any license under any patents or other intellectual property rights owned or controlled by or licensed to BuzzMeDo. You shall not have any right to manufacture BuzzMeDo products.
You agree that all notices (except for notices concerning breach of this Agreement) from BuzzMeDo to the You may be posted on the BuzzMeDo web site. Notices concerning breach of this Agreement will be sent either to the email address located in the owner’s account profile as of the date of the discovery of the breach, or mailed by first class mail to the postal address that You have on file with BuzzMeDo as of the date of the discovery of the breach. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the You to BuzzMeDo should be made by email to the address provided on the BuzzMeDo website.
BUZZMEDO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS CUSTOMER AGREEMENT, AND/OR ANY SERVICES AND PRODUCTS THAT THE CUSTOMER MAY CHOOSE TO RESELL, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOST PROFITS, LOSS OF SERVICE USE, LOSS OF DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTIES. THIS LIMITED LIABILITY CLAUSE SHALL APPLY EVEN IF BUZZMEDO HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY CLAIMS. BUZZMEDO’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN NO EVENT SHALL BUZZMEDO’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT/SERVICE.
This Agreement and its coherent policies are subject to change. BuzzMeDo reserves its right to modify these policies upon need without prior notice. All such changes will be announced on the BuzzMeDo website. Therefore, You are encouraged to periodically review these Terms and Agreements, as well as the BuzzMeDo news postings, in order to have always up-to-date and applicable policy information.
You may not assign rights or duties under this Agreement to another individual or entity without the expressed written consent of BuzzMeDo, which will not be unreasonably withheld. BuzzMeDo may assign its rights and obligations under this Agreement without prior notice, as long as the product/service continues to operate as outlined in this Agreement.
The provisions of this Agreement are severable. If any part of the Agreement is found to be unenforceable, invalid, or void, then that part will be interpreted in accordance with the applicable law as closely as possible in line with the original intention of both parties of the Agreement. The remaining provisions of the Agreement will remain in full force and effect.
BuzzMeDo (a business unit of ShareSpace Mobile, LLC)
2107 Grand Blvd, Suite 709
Kansas City, Missouri 64108