Terms of Use


Last updated: Nov 23rd, 2015


Please read these Terms of Use ("Terms") carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the "Services") of Buhz/Hyve, Inc. and our affiliates (“Buhz", "we" or "us"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. We may change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Buhz account.

Have Fun

The language below is meant to support this rule. It allows us to continue providing and improving our Services, and it helps to ensure that a few mean users don't ruin the fun for everyone else. Your part in that is simple. Just use common sense—keep sending awesome messages to your friends and making awesome posts, and please don't send messages that they don't want to receive.

Our Audience

Buhz is intended for use by people who are 16 years of age or older, and persons under the age of 16 are prohibited from creating Buhz accounts. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Buhz account. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Usage Data

By using the Buhz application you agree to let Buhz collect information about your usage of the application, including interactions. For example, when you open a message or view a feed, we attempt to detect those interactions. You also agree to let Buhz collect certain types of information from and about your device. For example, if you choose to use our "Find Friends" feature, you agree to let Buhz access the address book on your device and upload data to its servers to sync your contacts and find which of your friends are already Buhz users.

User Content

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, videos, text, graphics, items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. You agree that you are solely responsible for your User Content and that Buhz is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

Feedback

You agree that any feedback, suggestions, ideas or other information or materials regarding Buhz or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Buhz. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Buhz Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Buhz Content may violate such laws and these Terms. Except as expressly provided in these Terms, Buhz does not grant any express or implied rights to use Buhz Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Buhz Content, the Services or any related software, except as expressly stated in these Terms. Any use of the Services or Buhz Content other than as specifically authorized in these Terms, without the prior written permission of Buhz, is strictly prohibited and will terminate the license to use Buhz granted in these Terms.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not: Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms; Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; Compromise the security of the Services; Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials; Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services; Use or attempt to use another user's account without authorization; Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access; Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so; Engage in any harassing, intimidating, predatory or stalking conduct; Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity; Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual's consent; Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Buhz account, Videos, Messages, Buhz Content, or a friend link without Buhz's prior written consent; Develop any third-party applications that interact with User Content or the Services without our prior written consent; and Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms. You further agree to abide by any third-party terms that apply when posting reviews of Buhz, including the iTunes App Store Terms of Service. Posting Buhz usernames in app store reviews is strictly prohibited and may result in the deletion of your Buhz account.

Account Security

After opening a Buhz account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. When you first create a Buhz account, we may ask for your mobile number in order to verify your account. Please be aware that your carrier's text messaging fees apply for mobile number verification.

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

Copyright Policy

Buhz respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent at info@buhz.com

Disclaimer

Disclaimer of Warranties Your use of the Services is at your own risk. The Materials may not have been verified or authenticated in whole or in part by Buhz, and they may include inaccuracies or typographical or other errors. Buhz does not warrant the accuracy of timeliness of the Materials contained on the Services. Buhz has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Materials or any other portion of the Services, whether provided by Buhz, our licensors or suppliers or other users. Buhz, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS AND ANY OTHER PORTION OF THE SERVICES OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Note to International Users

The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

Disputes

1) Indemnification By agreeing to these Terms you agree to indemnify, defend and hold harmless Buhz, our managing members, shareholders, employees, affiliates, licensors and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another. 2) Limitation of Liability Except where prohibited by law, in no event will Buhz be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Buhz has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Buhz for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Buhz is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Buhz liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. 3) Arbitration PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BUHZ AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and Buhz agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Buhz are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Buhz agree (a) that any arbitration will occur in Oakland County, MI; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Oakland County, MI have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BUHZ WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING. 4) Forum and Venue A lawsuit, if any, by you or Buhz against the other will occur in state or federal court in Oakland County, MI. You and Buhz agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law

Any dispute between you and Buhz will be governed by these Terms and the laws of the State of Michigan and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Law Enforcement

To disclose private user content or information we require a subpoena, court order or probable cause search warrant from law enforcement. If we have a good faith belief that there is an emergency involving the danger of death or severe physical injury, we may at our discretion provide the limited information necessary to prevent that harm, if we have it. Due to the real-time nature of Buhz, some information may be stored for only a very brief period of time.

Buhz has always believed in user location privacy and does not collect nor retain any GPS data from user's devices.

If we are ever forced to share your information, we'll notify you with the full details of the request before we disclose it unless legally prohibited by law or court order.

Buhz has never received a classified request for user information. If we ever receive such a request, we will review it carefully and make sure it follows the law (including the Fourth Amendment). If we believe a request is overly broad, we will seek to narrow it.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Buhz.

Questions and Comments

Buhz welcomes comments, questions, concerns, or suggestions. Please send feedback by emailing info@buhz.com