Watabuzz.com is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is operated by Watabuzz.com. By using the Watabuzz.com Website you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Watabuzz.com services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.
Watabuzz.com may modify this Agreement from time to time and such modification shall be effective upon posting by Watabuzz.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Watabuzz.com's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and Watabuzz.com's Privacy Policy.
Please choose carefully the information you post on Watabuzz.com and that you provide to other Members. Any photographs or videos posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Watabuzz.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Watabuzz.com assumes no responsibility nor liability for this material.
Watabuzz.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without lability.
By participating in any offline Watabuzz.com event, you agree to release and hold Watabuzz.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Watabuzz.com event.
Terms of Use
1) Eligibility.
Membership in the Service where void is prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the Watabuzz.com shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
2) Term/Fees.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time. Watabuzz.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to Watabuzz.com. By using the Service and by becoming a Member, you acknowledge that Watabuzz.com reserves the right to charge for the Service and has the right to terminate a Member's Membership. Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.
3) Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Watabuzz.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Watabuzz.com for any illegal or unauthorized use of the Website.
4) Proprietary Rights in Content on Watabuzz.com.
Watabuzz.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Watabuzz.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5) Content Posted on the Site.
a. You understand and agree that Watabuzz.com may review and delete any content, messages, Watabuzz.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of Watabuzz.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you hereby grant to Watabuzz.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Watabuzz.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to
pirated music files;
vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from
anyone under 18;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Watabuzz.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Watabuzz.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Watabuzz.com deems appropriate in its sole discretion.
g. You may not cover or obscure the banner advertisements on your personal profile page, or any Watabuzz.com page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is not a member of Watabuzz.com.
j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
6) Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of
Watabuzz.com to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Watabuzz.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Watabuzz.com's Copyright Agent for notice of claims of copyright infringement can be reached via email address.
7) Watabuzz.com Service License Grant.
a) License Grant to Upload or Stream.
Watabuzz.com allows members to distribute streaming live and pre-recorded videos of their day-to-day activities.
If you sign up for an account, subject to your compliance with the terms and conditions set out in this Terms of Service, Watabuzz.com hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Watabuzz.com Service for the uploading and distributing of authorized digital content, including videos ("Member's Content").
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of Watabuzz.com to protect Member's Content, Watabuzz.com cannot guarantee that there will be no unauthorized copying or distribution of Member's Content nor will Watabuzz.com be liable for any copying or usage of the Member's Content not authorized by Watabuzz.com.
b) License Grant to View by Streaming.
If you sign up for an Account, subject to your compliance with this Terms of Service, Watabuzz.com hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to view by streaming Member's Content solely through the Watabuzz.com Service subject to the license under which such Member's Content is distributed.
c) Reservation of Rights.
Watabuzz.com reserves all rights not expressly granted in this Terms of Service.
d) Prevention of Unauthorized Use.
Watabuzz.com reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Watabuzz.com Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
8) Member Disputes.
You are solely responsible for your interactions with other Watabuzz.com Members. Watabuzz.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
9) Member's Content License Grant; Representations and Warranties.
a) License Grant to Watabuzz.com.
Unless otherwise agreed to in a written agreement between you and Watabuzz.com that was signed by an authorized representative of Watabuzz.com:
a-1) By distributing or disseminating Member's Content through the Watabuzz.com Service, you hereby grant to Watabuzz.com a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for streaming, and otherwise exploit your Member's Content, in any media formats and through any media channels, in order to publish and promote such Member's Content in connection with services offered or to be offered by Watabuzz.com. Such license will apply to any form, media, or technology now known or hereafter developed.
a-2) Subject to section 7.b, below, the foregoing license granted by you terminates as to a specific piece of Member's Content once you remove or delete such Member's Content from the Watabuzz.com Service.
b) License Grant to other Watabuzz.com users.
By distributing or disseminating Member's Content through the Watabuzz.com Service, you hereby grant to each User of the Watabuzz.com Service that is authorized to access your Member's Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your Member's Content.
c) Member's Content Representations and Warranties.
You are solely responsible for your Member's Content and the consequences of posting or publishing them. By uploading and publishing your Member's Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Watabuzz.com and Watabuzz.com's Users to use your Member's Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Watabuzz.com and this Terms of Service; (2) your Member's Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Member's Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. Watabuzz.com reserves all rights and remedies against any Users who violate this Terms of Service.
d) Member's Content Disclaimer.
You understand that when using the Watabuzz.com Service you will be exposed to Member's Content from a variety of sources, and that Watabuzz.com is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Member's Content. You further understand and acknowledge that you may be exposed to Member's Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Watabuzz.com with respect thereto. Watabuzz.com does not endorse any Member's Content or any opinion, recommendation or advice expressed therein, and Watabuzz.com expressly disclaims any and all liability in connection with Member's Content. If notified by a User or a content owner of Member's Content that allegedly does not conform to this Terms of Service, Watabuzz.com may investigate the allegation and determine in its sole discretion whether to remove the Member's Content, which it reserves the right to do at any time and without notice. For clarity, Watabuzz.com does not permit copyright infringing activities on the Watabuzz.com Service.
10) Prohibited Conduct.
BY USING THE WATABUZZ.COM SERVICE YOU AGREE NOT TO:
a) use the Watabuzz.com Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Watabuzz.com Service as such services are offered by Watabuzz.com;
b) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
c) post, upload, or distribute any defamatory, libelous, or inaccurate Member's Content or other content;
d) post, upload, or distribute any Member's Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Watabuzz.com Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Watabuzz.com Service, or perform any other similar fraudulent activity;
f) delete the copyright or other proprietary rights on the Watabuzz.com Service or Member's Content;
g) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Watabuzz.com Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
h) use the Watabuzz.com Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
i) defame, harass, abuse, threaten or defraud Users of the Watabuzz.com Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
j) use the Watabuzz.com Service if you are under the age of thirteen (13) years old;
k) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Watabuzz.com Service or Member's Content, features that prevent or restrict use or copying of any content accessible through the Watabuzz.com Service, or features that enforce limitations on the use of the Watabuzz.com Service or Member's Content;
l) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Watabuzz.com Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
m) modify, adapt, translate or create derivative works based upon the Watabuzz.com Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
n) intentionally interfere with or damage operation of the Watabuzz.com Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
o) relay email from a third party's mail servers without the permission of that third party;
p) use any robot, spider, scraper, or other automated means to access the Watabuzz.com Service for any purpose or bypass any measures Watabuzz.com may use to prevent or restrict access to the Watabuzz.com Service;
q) manipulate identifiers in order to disguise the origin of any Member's Content transmitted through the Service; or
r) interfere with or disrupt the Watabuzz.com Service or servers or networks connected to the Watabuzz.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Watabuzz.com Service.
11) Account
When you use the Watabuzz.com Service to upload and/or download or purchase content or any products, services, or information from Watabuzz.com, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Watabuzz.com on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Watabuzz.com. You may be liable for the losses incurred by Watabuzz.com or others due to any unauthorized use of your Watabuzz.com Service account.
12) Termination; Terms of Service Violations.
a) Watabuzz.com.
You agree that Watabuzz.com, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Watabuzz.com or your use of the Watabuzz.com Service and remove and discard all or any part of your account, User profile, and any Member's Content, at any time. Watabuzz.com may also in its sole discretion and at any time discontinue providing access to the Watabuzz.com Service, or any part thereof, with or without notice. You agree that any termination of your access to the Watabuzz.com Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Watabuzz.com will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Watabuzz.com may have at law or in equity. As discussed herein, Watabuzz.com does not permit copyright infringing activities on the Watabuzz.com Service, and will terminate access to the Watabuzz.com Service, and remove all Member's Content or other content submitted by any Users who are found to be repeat infringers.
b) You.
Your only remedy with respect to any dissatisfaction with (i) the Watabuzz.com Service, (ii) any term of this Terms of Service, (iii) any policy or practice of Watabuzz.com in operating the Watabuzz.com Service, or (iv) any content or information transmitted through the Watabuzz.com Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the Watabuzz.com Service.
c) Member's Content.
Subject to section 9.b) above, if you notify Watabuzz.com by submitting email to admin@watabuzz.com, Watabuzz.com will discontinue prospective hosting and distribution of your Member's Content.
13) Indemnification.
You agree to indemnify, save, and hold Watabuzz.com, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Watabuzz.com Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Watabuzz.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Watabuzz.com, and you agree to cooperate with Watabuzz.com's defense of these claims. Watabuzz.com will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14) Disclaimers; No Warranties.
Watabuzz.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Watabuzz.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Watabuzz.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Watabuzz.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Watabuzz.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Watabuzz.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Watabuzz.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
a) No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WATABUZZ.COM, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WATABUZZ.COM OR THROUGH THE WATABUZZ.COM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM WATABUZZ.COM INCLUDES WATABUZZ.COM'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
b) "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE WATABUZZ.COM SERVICE IS AT YOUR SOLE RISK. THE WATABUZZ.COM SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING MEMBER'S CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WATABUZZ.COM SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
c) Service Operation and MEMBER'S CONTENT.
WATABUZZ.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WATABUZZ.COM SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
d) Accuracy.
WATABUZZ.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WATABUZZ.COM SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
e) Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE WATABUZZ.COM PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
f) Uploaded Content.
THE SECURITY MEASURES TO PROTECT MEMBER'S CONTENT USED BY WATABUZZ.COM HEREIN ARE USED IN CONJUNCTION WITH THE MEMBER'S CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
15) Limitation on Liability.
IN NO EVENT SHALL Watabuzz.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF Watabuzz.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Watabuzz.com.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Watabuzz.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
a) Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WATABUZZ.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING MEMBER'S CONTENT) ON THE WATABUZZ.COM PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH WATABUZZ.COM, EVEN IF WATABUZZ.COM OR AN WATABUZZ.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) Limitation of Damages.
IN NO EVENT WILL WATABUZZ.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WATABUZZ.COM PLATFORM OR YOUR INTERACTION WITH OTHER WATABUZZ.COM PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WATABUZZ.COM PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
c) Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN WATABUZZ.COM AND RECEIVED THROUGH OR ADVERTISED ON THE WATABUZZ.COM PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
d) Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT WATABUZZ.COM HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WATABUZZ.COM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WATABUZZ.COM. WATABUZZ.COM WOULD NOT BE ABLE TO PROVIDE THE WATABUZZ.COM PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
e) Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
16) Disputes.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
17) Other.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Watabuzz.com regarding the use of the Website and/or the Service. The failure of Watabuzz.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Watabuzz.com is a trademark of Watabuzz.com Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.