mbuzzy Terms and Conditions

Welcome to mbuzzy! We've something we hope you'll find fun and useful, but because mbuzzy has so many features, we all have to agree on the ground rules for how mbuzzy may be used. If you have comments, please let us know.

Reporting Abuse. mbuzzy does not control the content you see posted on the service in any user galleries. Much like a web hosting company, our users are responsible for all the content you see on the mbuzzy site. mbuzzy is not responsible for, and has not selected, any of this content. If you believe that any user is not abiding by the rules of these Terms and Conditions, or if any of the content posted by a user may be infringing your rights, you may notify mbuzzy using the procedures listed below in Copyright Infringement Notices. Please note that mbuzzy does not screen or select content - so you must report it using this procedure if you desire mbuzzy to take action.


Table of Contents
1. Acceptance
2. Content
     a. mbuzzy Does Not Screen Content!
     b. Responsibility for Content
     c. License to Content You Make Available
3. Registration, Fees and Accounts
4. Passwords and User IDs
5. Prohibited Conduct
6. Objectionable Materials
7. Disclosure
8. Responsibility for Minors
9. Your Representations, Warranties and Indemnities
10. Release
11. Disclaimer of Warranties
12. Limitation of Liability
13. No Implied License; Intellectual Property
14. Submissions of Ideas
15. Limitation of Actions
16. Governing Law and Forum for Disputes
17. Changes in Terms and mbuzzy Service
18. Integration
19. Non-Waiver and Severability
20. Independent Contractors
21. No Assignment
22. Successors and Assigns
23. Termination and Survival
24. Communications with Users
25. Export Control
26. Copyright Infringement Notices
27. Violations of Terms
28. General Legal Contact Info


1. Acceptance.
By using the mbuzzy site and services ("mbuzzy Service"), you agree to be bound by and to comply with these Terms and Conditions ("Terms"), including updated versions of these Terms, and any other posted guidelines or rules. All these guidelines and rules are incorporated by reference into these Terms. mbuzzy, Inc. would not make the mbuzzy Services available unless all the Terms are agreed to by all users. You acknowledge and agree that mbuzzy may terminate your access to the mbuzzy Service with or without notice if you do not comply with the Terms.

2. Content.

       a. mbuzzy Does Not Screen Content! mbuzzy does not pre-screen Content posted on the mbuzzy Service in any user gallery, except for the following limited exceptions: (i) mbuzzy may segregate images posted to the mbuzzy Service into ‘adult’ categories or with ‘adult’ flags when we are notified they contain nudity, and (ii) mbuzzy may remove Content pursuant to the procedures described in these Terms. Except for these two limited exceptions, mbuzzy does not and has not screened any content in user galleries. Certain content has been licensed by mbuzzy from third parties (other than users), but this content is in areas marked as such. Anything marked as a “user” or “member” posting has not been screened.

       b. Responsibility for Content.

 

              (i) You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity posting or transmitting that Content. Thus, if another user or an mbuzzy partner (for example, an application developer) makes available content via the mbuzzy Service, that person is responsible for the Content. mbuzzy does not control Content posted on or transmitted via the muzzy Service, and does not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

              (ii) You agree that you, and not mbuzzy, are entirely responsible for all Content that you upload, post, send to your mobile phone, email or otherwise transmit via the mbuzzy Service; and that you either own or have sufficient rights in the Content to perform such action.

       c. License to Content You Make Available. With respect to any Content posted by or in connection with the mbuzzy Service, you grant mbuzzy a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the mbuzzy Service. Such license shall apply with respect to any form, media, or technology now known or later developed.

3. Registration, Fees and Accounts.

       a. General. Use of the mbuzzy Service, including sending content to mobile phones, requires that users provide certain data, entered in forms on the mbuzzy Service, in registration pages, or otherwise ("Data"). In consideration of use of the mbuzzy Service, in providing Data, you represent and warrant that the information is true, accurate, current, and complete (apart from optional items). mbuzzy reserves the right to use and reuse all registration and other personally identifiable user information subject to the mbuzzy Privacy Policy then in effect.

 

       b. Fees. mbuzzy may charge fees for downloading certain items, Subscription fees, and rules regarding the application of Advance Credits. You will have an opportunity to see those fees prior to paying them, unless you agree to pre-approve certain purchases. Unless otherwise specifically indicated on the item, your payment for an item is payment for a perpetual, personal, non-transferable, non-sublicensable license to use the item in the format it was delivered to you and on the device to which it was delivered. We may in our sole discretion change prices, the items offered, the terms under which they are offered, or any other such item at any time. In the event we introduce a new service or item, the fees for that service are effective at the launch of the service or availability of the item. All fees are quoted in U.S. Dollars unless explicitly stated otherwise. You are responsible for paying all fees associated with using the mbuzzy Service and all applicable taxes. If you do not pay fees due for your use of the mbuzzy Service, your license to use any items which have not been purchased shall immediately expire, and mbuzzy may deactivate or suspend your account until such time as you have paid in full in addition to pursuing any other remedies mbuzzy may have at law or in equity.

       c. Subscriptions. mbuzzy may offer Subscriptions to certain services and Advance Credits. A Subscription is any service where a user signs up for an ongoing membership or discount level (for example, purchasing a month-to-month subscription to a certain service). An Advance Credit is where a user makes a single payment covering a defined period of time (for example, buying a six-month period in advance, or pre-purchasing a certain number of downloads, or pre-paying in order to receive a discount). All Subscription fees and Advance Credits are non-refundable once paid. Users may cancel Subscriptions at any time, however no refund will be issued for any amounts already paid.

       d. Device Compatibility. You are responsible for selecting the correct device type. Selecting the incorrect device type may result in content being delivered to your device in an incompatible format. mbuzzy is not responsible for compatibility errors in any third-party-provided content (such as items in galleries, or items supplied by mbuzzy partners), or in circumstances where mbuzzy posts compatibility information provided by a third party which is incorrect. No refunds will be issued because of device incompatibility.

 

       e. Account Expiration/Termination. Subscription accounts will remain active as long as fees are paid. Unused accounts (other than subscription accounts which are still being paid) will be removed if not used within a six month period. If you wish to terminate your account, (i) if it is a Subscription account, cancel payments, then (ii) cease using the account for the above period and it will be deleted at the end of that period.

 

       f. Credit Expiration. Credits for Content purchases will expire within one year of the date of issuance if the account in which the credit is held is not a Subscription account at that time. All credits are non-transferable between accounts (however, you may use a credit to purchase Content items for others if mbuzzy offers a buy-for-a-friend type feature).

 

4. Passwords and User IDs.
Some features of the mbuzzy Service may require you to sign in using your password and user ID. Some features of the mbuzzy Service may require you submit, and validate, your mobile phone number.

 

You are responsible for maintaining the confidentiality of any password and user ID issued to you, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify mbuzzy of any unauthorized use of your password or account or any other breach of security (you may do this by contacting mbuzzy as described in Violations of Terms), and (b) ensure that you exit from your account at the end of each session. The mbuzzy Service cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

5. Prohibited Conduct.
        a. You agree that you will not use mbuzzy Service to upload, post, email, otherwise transmit, or post links to any Content, that:
               - you do not have the legal rights to (either by ownership or by having a valid license)
               - violates or misappropriates any intellectual property right, including copyright, trademark, trade secret, and patent rights
               - is illegal under applicable law or regulation or promotes illegal activity
               - violates any contractual, employment, or fiduciary relationship (including obligations to keep information confidential) you are subject to

        b. You agree not to use the mbuzzy service in a manner which is abusive or harassing to any other user.

        c. You agree not to collect or store personally identifying information about other users for commercial or unlawful purposes.

        d. You agree not to impersonate any person or entity, including, but not limited to, an mbuzzy official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to employ misleading email addresses or mobile numbers or falsify information in the header, footer, return path, or any part of any communication.

        e. You agree not to engage in any activity which may compromise the stability or availability of the mbuzzy Service or use the mbuzzy Service to compromise the availability or stability of any third party site or service.

        f. You agree not to use the mbuzzy Service for any unsolicited advertising or promotions.

        g. You agree not to upload, post, email, otherwise transmit, or post links to any Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the mbuzzy Service or any third party software, site, equipment or service.

        h. You may not use automated means, including spiders, robots, crawlers, or the like to download data from any mbuzzy Service database.

        i. You may not circumvent any security measures or any payment collections methods employed on the mbuzzy Service, or access the mbuzzy Service after your account or access has been terminated by mbuzzy.

        j. You may not decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the mbuzzy Service.

6. Objectionable Materials.
You acknowledge and agree that by using the mbuzzy Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will mbuzzy be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the mbuzzy Service.

7. Disclosure.
You expressly acknowledge and agree that mbuzzy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of mbuzzy, its users and the public. You acknowledge and agree that the technical processing and transmission of the mbuzzy Services, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by mbuzzy with regard to its users may be disclosed in accordance with mbuzzy's Privacy Policy.

8. Responsibility for Minors.
Be aware that while the mbuzzy Service is intended for general audiences, because users are responsible for posting content, adult material may appear on the mbuzzy Service from time to time, and as such where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There may also be other areas of the mbuzzy Service not open to persons under 18 years of age, or require parental consent for access (sorry - it's the law!).

In cases where you have authorized a minor to use the mbuzzy Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available.

 

YOU ACKNOWLEDGE THAT SOME AREAS OF THE MBUZZY SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

 

mbuzzy depends on its users to locate and flag material which may be inappropriate in order to classify it as adult, however because mbuzzy does not (and could not, given the volume of material) screen content, mbuzzy will not be responsible for adult material posted by users.

 

mbuzzy does not screen content, so will not be held responsible if you publish adult content. If you publish material that may be considered “adult” material, including any images containing nudity or any material which may be considered obscene or offensive, you (a) agree that you will mark such content as “adult” within the mbuzzy Service, and (b) take responsibility for any damages arising from your inclusion of this content. If you fail to do so, and mbuzzy is notified of the material, mbuzzy may categorize the material as adult, disable your publication privileges, take other action limiting your account, and/or terminate your account in mbuzzy’s sole discretion. In any such case, you will remain responsible for any materials you posted to mbuzzy.

9. Your Representations, Warranties and Indemnities.
You represent and warrant that (a) all Content is either an original work, created by you, or licensed to you under a valid license granting you sufficient rights to use the Content on the mbuzzy Service, and (b) your use of the mbuzzy Service does not infringe any third party intellectual property, proprietary, or other rights.

PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM COPYRIGHTED WORKS WITHOUT LICENSE IS A VIOLATION OF THESE TERMS AND IS STRICTLY PROHIBITED.

By using the mbuzzy Service you agree to indemnify mbuzzy, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from (a) your use of the mbuzzy Service, (b) or your submission of ideas and/or related materials to the mbuzzy Service, (c) from any person's use of any account or password you maintain with the mbuzzy Service regardless of whether such use is authorized by you, and (d) any breach of these Terms.

10. Release.
By using the mbuzzy Service, you are hereby agreeing to release mbuzzy and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the mbuzzy Service or to any disputes regarding use of materials submitted to the mbuzzy Service.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

11. Disclaimer of Warranties.
THE MBUZZY SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, MBUZZY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MBUZZY SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MBUZZY DISCLAIMS ANY WARRANTIES FOR INFORMATION, DATA, CONTENT, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MBUZZY SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE MBUZZY SERVICE ("MATERIALS").

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MBUZZY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE MATERIALS. MBUZZY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY MATERIALS. MBUZY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY MATERIALS, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MBUZZY MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MATERIALS PAGES OR ANY STORAGE OF MATERIALS OFFERED BY MBUZZY.

YOU UNDERSTAND AND AGREE THAT ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MBUZZY SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, NETWORK, AND EQUIPMENT AS WELL AS ANY LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. YOU ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT ANY CONTENT POSTED OR TRANSMITTED BY YOU WILL BE MADE AVAILABLE VIA THE MBUZZY SERVICE OR DELIVERED TO ITS INTENDED RECIPIENT.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you to the extent they are prohibited by law.

12. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MBUZZY OR ITS LICENSORS BE LIABLE TO ANY USER (INCLUDING YOU) OR THIRD PARTY ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE MBUZZY SERVICE OR MATERIALS.

UNDER NO CIRCUMSTANCES SHALL MBUZZY OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MBUZZY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

MBUZZY'S ENTIRE LIABILITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED THE GREATER OF $500 OR THE AMOUNTS RECEIVED FROM THE INDIVIDUAL USER IN THE PRECEDING 12 MONTHS.

 

In some jurisdictions, certain limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

13. No Implied License; Intellectual Property.
Except as expressly permitted in these Terms, nothing within the mbuzzy Service shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the mbuzzy Service is protected by copyright, trademark, patent, or other proprietary rights of mbuzzy and its affiliates, licensors, and service providers, as well as other mbuzzy users. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by mbuzzy in connection with the mbuzzy Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by mbuzzy. You agree not to use any of the trademarks or service marks or other Content accessible through the mbuzzy Service for any purpose other than the purpose for which such Content is made available to users by mbuzzy. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the mbuzzy Service or any software or programs used in connection with the mbuzzy Service. If you ‘purchase’ any item on the mbuzzy Service, you are purchasing a license to the item as described in Section 3.b above.

14. Submissions of Ideas.
mbuzzy is always improving its offerings and developing new features. If you have ideas regarding improvements or additions to the mbuzzy Service, we would like to hear them -- but any submission will be subject to these Terms. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO MBUZZY BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO MBUZZY, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO MBUZZY THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT MBUZZY IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MBUZZY, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

15. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the mbuzzy Service or the inclusion of any Content in the mbuzzy Service must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

16. Governing Law and Forum for Disputes.
All legal issues arising from or related to the use of the mbuzzy Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms or any user's use of the mbuzzy Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof.

Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms or any user's use of the mbuzzy Service. By using the mbuzzy Service and thereby agreeing to these Terms, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.

17. Changes in Terms and mbuzzy Service.
mbuzzy reserves the right to modify the mbuzzy Service from time to time, for any reason, and without notice, including the right to terminate the mbuzzy Service. mbuzzy reserves the right to modify these Terms from time to time, without notice. Please review these Terms from time to time so you will be apprised of any changes.

18. Integration.
These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between mbuzzy and you with respect to the subject matter hereof.

19. Non-Waiver and Severability.
mbuzzy's failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. If a tribunal of competent jurisdiction holds any provision of these Terms to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms remain in full force and effect.

20. Independent Contractors.
You acknowledge and agree that you and mbuzzy are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

21. No Assignment.
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms without prior express written authorization of mbuzzy.

22. Successors and Assigns.
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

23. Termination and Survival.
These Terms shall continue in effect for as long as you use the mbuzzy Service, unless specifically terminated earlier by mbuzzy. All provisions of these Terms which impose obligations continuing in their nature shall survive termination of these Terms.

24. Communications with Users.
You agree that you may receive notices from mbuzzy by any of the following methods: by email, SMS or other message to your mobile number, by postal mail, or by notice posted on the mbuzzy Service. mbuzzy reserves the right to communicate with you regarding your use of the mbuzzy Service.

25. Export Control.
Certain software, and related documentation or technical information, available through the mbuzzy Service is subject to applicable laws and regulations of the United States pertaining to export controls. By using or downloading such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

26. Copyright Infringement Notices.
It is mbuzzy's policy to respond expeditiously to claims of intellectual property infringement. mbuzzy will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Please read this section carefully if you are submitting notice of alleged infringement by a user. Upon receipt of notices complying or substantially complying with the DMCA, mbuzzy will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. mbuzzy will terminate access for subscribers and account holders who are repeat infringers.

You may submit a notice electronically by clicking here, or in writing. Written notices of claimed infringement should be directed to:

      Copyright Compliance Officer
      SendMe, Inc.
      585 Howard Street #300
      San Francisco, Ca 94105

All written notices must include, at a minimum, the following:

·  Identification of the copyrighted work claimed to have been infringed.

·  Identification of the material that is claimed to be infringing or to be the subject of infringing activity, by buzz number (the buzz number may be found by clicking on a content item).

·  Information reasonably sufficient to permit mbuzzy to contact you, such as an address, telephone number, and, if available, an electronic mail address.

·  A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.

·  A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

·  An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notification of claimed copyright infringement, mbuzzy will follow the procedures outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C. §512). Failure to include all of the above-listed information may result in a delay in processing the complaint.

When mbuzzy removes or disables access to any material claimed to be infringing, mbuzzy may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although mbuzzy makes no promise to do so. You acknowledge that, in cases where you have supplied infringing Content, mbuzzy may disclose your identity if mbuzzy believes in good faith that such disclosure is required by law.

Any and all counter notifications submitted by the user will be furnished to the complaining party. mbuzzy will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before mbuzzy replaces or restores access to any material as a result of any counter notification.

mbuzzy occasionally receives requests to remove Content. You acknowledge that we may remove any Content from the mbuzzy Service, including your Content, if the posting of that Content violates these Terms, or if you have violated these Terms.


27. Violations of Terms.

Should you violate these Terms or any other rights of mbuzzy, mbuzzy reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the mbuzzy Service.

If you are aware of any violations of these Terms, please report them to:

      Abuse Manager
      SendMe, Inc.
      585 Howard Street #300
      San Francisco, Ca 94105
      Email Address: abuse *at* mbuzzy.com

28. General Legal Contact Info.

Please direct any legal questions in writing to:

      Legal Counsel
      SendMe, Inc.
      585 Howard Street #300
      San Francisco, Ca 94105 mbuzzy Terms and Conditions dated February 16, 2004