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BUZZIN TERMS AND CONDITIONS

Last updated April 16th 2018

1. INTRODUCTION

Buzzin Services Agreement (the “Service Agreement” or “Agreement”) governs your use of the web-based and mobile services and functionality, including this website (the “Services”) provided by Buzzin Events Management Ltd trading as Buzzin and or any of its subsidiaries, parents, and affiliates (“Buzzin”).

The Service Agreement is between you and Buzzin, located at Suite 1e, Basil Chambers, 65 High Street, Northern Quarter, Manchester M4 1FS, UK.

The Agreement includes the following:

Any terms used in this Agreement but not defined will have the meanings given them in the Master Agreement, including, but not limited to, the Buzzin Applications, and Embedded Software End User License Agreement.

By establishing an account with Buzzin or downloading, you agree to be bound by all terms of the Agreement or applicable Sub-Agreement that are applicable in the territory where you are located. Buzzin retains the right to modify and change the Agreement or any of the Sub-Agreements, subject to applicable law, and your continued use of the Services indicates your continued acceptance of the Agreement and/or any applicable Sub-Agreement.

2. UPDATES TO THE SERVICES AGREEMENT

Buzzin reserves the right, at our discretion, to change, modify, add or remove portions of this Services Agreement at any time by posting the amended agreement on or within the Service. We may, in our sole discretion, provide additional notice, such as an e-mail message or messaging within the Service, of any changes, but it is your responsibility to periodically check the Services Agreement for changes. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.

If at any point you do not agree to any portion of the then-current version of our Services Agreement, your sole remedy is to stop using the Service. You will be deemed to have accepted any changes to the Services Agreement by continuing to use the Service.

3. THE SERVICE

The Service provided by Buzzin may be accessed via an Account (as defined below) on the web at www.buzzinapp.co.uk, or on your mobile device via the Buzzin app. The Service may contain free features accessible via your Account for no charge, as well as paid features which will only be accessible via your Account on a subscription or prepaid basis.

4. USE OF THE SERVICE

You may only use the Service if you are over the age of 13 and are not barred from using the Service by law. If you are between 13 and 17 years of age, you must show your parent or guardian this Services Agreement and they must agree before you may use the Service. You may be required to register an account to use certain aspects of the Service (an “Account”), and other aspects of the Service may not be accessible from your Account unless you subscribe or pay certain specified fees. You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by contacting our support team at kevin.m@spartadigital.co.uk. You are advised to use passwords that contain a combination of upper and lower case letters, symbols, and words, and you agree to immediately notify Buzzin of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Buzzin is not liable for any loss or damage arising from your failure to comply with the above requirements.

Buzzin may make the Service available direct and through third party branded sites, platforms or services, and may provide you the opportunity to interface the Service to one or more third party products or services.

Your authorization will be required for any such third party interfacing, and once you give your authorization, Buzzin may exchange information and control data regarding you and your products with such third parties. In addition, in order to access the Service through third parties or interface the Service with third party products and services, you may be required to agree to separate terms and conditions provided by the third party. If such consent is required and you choose to withhold it, then you may be denied use of the Service through those third parties or the ability to interface with third party products and services, notwithstanding your agreement to abide by the terms of the Buzzin Agreements. Moreover, if we provide the Service solely through such third party sites, platforms or services and you withhold your consent to their terms and conditions, then your right to use the Service under the Buzzin Agreements may terminate. Buzzin makes no representations or warranties about the safety or effectiveness of any third party products, services, or sites, and Buzzin is not responsible for your use of any such products, services, or sites or any harm or other losses relating to such use.

When creating or updating an Account, you may be required to provide Buzzin with certain personal information, which may include your name, birth date, e-mail address, location where the Hardware will be installed, and, in some cases, payment information. This information may include personally identifiable information, and will be held and used in accordance with Buzzin’s Privacy Policy. You agree that you will supply accurate and complete information to Buzzin, and that you will update that information promptly after it changes.

The following rules shall apply to your use of the Service:

  • You will not use the Service for any commercial purpose unless expressly authorized by Buzzin in this Services Agreement or elsewhere in the Buzzin Agreements.
  • You will not abuse, hack, attack, interfere with, gain unauthorized access to, or disrupt the Service or do anything contrary to this Services Agreement.
  • You will not access the Service in a way that could violate applicable law, or in any manner not expressly authorized by Buzzin under this Services Agreement or in a separate written agreement.
  • You will not use the Service to infringe on the intellectual property or privacy rights of others, to obtain personal information or surveillance of others without authorisation, or to otherwise violate applicable law.
  • You will not use the Service to monitor dangerous equipment.
  • You will not use any SIM card supplied by Buzzin other than with the Service, and you will notify Buzzin immediately if any SIM card is lost, stolen, or used without authorization.
  • You will use the Service in a prudent and responsible manner in keeping with the customary operation of a home automation and alarm system.
  • You will comply with all technical requirements for use of Buzzin products and services attached on Schedule 1, as well as any other requirements contained in the Master Agreement.

5. LIMITATIONS OF THE SERVICES

While we aim for the Service (including any notifications or other alerts provided by the Service) to be highly reliable and available, it is not intended to be reliable or available 100% of the time, and we do not guarantee that you will always receive notifications. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Sparta Digital’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Buzzin is not responsible for any damages or injury allegedly caused by the failure or delay of the Services to reflect current status or notifications.

You further acknowledge that Buzzin does not guarantee that the Service will not be compromised or circumvented by third parties, or that the Service will provide adequate warning or protection from the events it is intended to detect and deter, including without limitation burglaries, robberies, fires, floods, or medical problems. The Service is intended to reduce the risk of damage or injury resulting from such events, but cannot eliminate that risk.

You acknowledge and agree that the Service, whether standing alone or when interfaced with third-party products or services, is not certified for emergency response. Buzzin makes no warranty or representation that use of the Service in combination with any third-party product or service will affect or increase any level of safety. YOU UNDERSTAND THAT THE HARDWARE AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – BUZZIN DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, Buzzin support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR BUZZINHARDWARE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

6. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE

Buzzin reserves the right to suspend or revoke your Account and/or your access to the Service if you breach the terms of any Buzzin Agreement or if Buzzin is unable for technical reasons to provide the Service adequately to you, and you may terminate your Account at any time as well either from within your Account page on the Service, if such functionality is offered by Sparta Digital, or by notifying Sparta Digital’s customer support team at support@spartadigital.co.uk. Any termination of your Account will automatically terminate your rights under the Buzzin Agreements, including without limitation the Buzzin End User License Agreement for Buzzin Applications, and Embedded Software.

Buzzin reserves the right to stop offering and/or supporting the Service or a particular part of the Service at any time either permanently or temporarily. In such event, Buzzin shall have no liability in connection with such discontinued elements of the Service, and shall not be required to provide refunds, benefits or other compensation to users, except as provided in the Buzzin Sales Terms,

If a subscription package including an unlimited text message or voice alert service is terminated, the balance of your text messages and voice alerts that may have existed when the license was taken out will be put back to zero, and any associated SIM card will automatically be deactivated.

If you transfer a Product to a new owner, your right to use the Service relating to that Service shall automatically terminate. The new owner will have no right to use the Services under your Account and must instead register a new Account with Buzzin.

7. PROPRIETARY RIGHTS

The Service, including without limitation all applications, graphics, any patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Service, is owned by  . Buzzin reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on any element of the Service except as expressly authorized by Buzzin.

8. VIDEO CONTENT

You may be able to record, view, and store video content from the Hardware (“Video Content”) on the Service. You acknowledge and accept that the camera image refresh rate and quality of your Video Content may fluctuate according to internet traffic levels, quality of your connection to your telecommunications operators, or other factors.

Buzzin claims no ownership over your Video Content. By using the Service, you grant Buzzin a worldwide, non-exclusive, royalty-free, sub licensable license to record and use the Video Content as necessary to provide the Service as determined by Buzzinin Sparta Digital’s sole discretion.

The foregoing license to your Video Content ends when you delete it or you close your Account. You understand and accept that removed content may persist in back-up copies for a reasonable period of time, and that Buzzin has no obligation to retain or store your Video Content after deletion of your Account except as required by applicable law.

9. SUBMISSIONS

If you submit feedback, suggestions, proposals, comments or other materials within the Service, including but not limited to all correspondence and communication with Buzzin personnel and third party support personnel contracted by the Buzzin (collectively “Submissions”), you understand and agree that Buzzin(1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may record and use your Submissions for any purpose in any way without notice or compensation to you.

10. DISCLOSURE OF INFORMATION

Your Video written, Image Content, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) are not confidential. Such information may be accessed, monitored, and used as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Sparta Digital, including to enforce this Services Agreement. By entering into this Services Agreement, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

11. THIRD PARTY ADVERTISING AND LINKS

You understand that the Service may feature advertisements from Buzzin or third parties. Sparta Digital’s disclosure of information for third party advertising is addressed in Sparta Digital’s Privacy Policy.

Buzzin may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Buzzin makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Buzzin and may collect data or solicit personal information from you. Buzzin is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Buzzin of these linked sites.

12. UPDATES TO THE SERVICE

You understand that the Service is an evolving one. Buzzin may require that you accept updates to the Service, and may automatically update the Service at any time with or without notifying you. By using the Service, you consent to these automatic updates. You may need to update third party software from time to time in order to receive the Service and use Sparta Digital’s software and hardware.

13. INDEMNITY

You agree to indemnify and hold Sparta Digital, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the “Buzzin Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of this Services Agreement or any other Buzzin Agreement, or any breach of the representations, warranties, and covenants made by you herein. Buzzin reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Buzzin Parties, and you agree to cooperate with Sparta Digital’s defense of these claims. Buzzin will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED IN THIS SERVICES AGREEMENT OR IN THE PRODUCT WARRANTY, USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD).
  • THE BUZZIN PARTIES DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR SECURE, NOR THAT THE SERVICE WILL PREVENT FORCIBLE ENTRY, FIRE, BURGLARY, OR OTHER DAMAGE OR LOSS TO YOU, PEOPLE, OR PROPERTY, OR PROVIDE ADEQUATE WARNING OF THE SAME. BUZZINDOES NOT WARRANT THAT THE HARDWARE OR SERVICE CANNOT BE BYPASSED OR OTHERWISE COMPROMISED.
  • YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AT YOUR OWN RISK, AND THE BUZZINPARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
  • NO ADVICE OR INFORMATION OBTAINED FROM THE BUZZIN PARTIES OTHER THAN THE DOCUMENTATION PROVIDED WITH THE HARDWARE SHALL CREATE ANY WARRANTY NOT STATED IN THESE TERMS.
  • WHEN YOU INSTALL, SET UP, OR USE SERVICES LIKE THE SERVICE, YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN LEAD TO NON-RECOMMENDED OPERATION OF YOUR EQUIPMENT AND/OR THE SERVICE. BUZZINHAS NO RESPONSIBILITY TO ENSURE YOU HAVE PROPERLY CONFIGURED THE SERVICE, THAT YOU HAVE FULFILLED ALL REQUIREMENTS FOR THE USE OF THE SERVICE AND THAT ALL NECESSARY EQUIPMENT IS FUNCTIONING AS REQUIRED FOR PROPER OPERATION OF THE SERVICE. YOU ASSUME ALL LIABILITY FOR ANY LOSS OR OTHER DAMAGE OR LIABILITY RELATING TO THE FUNCTIONING OF NECESSARY EQUIPMENT, YOUR FAILURE TO MEET THE REQUIREMENTS FOR PROPER USER OF THE SERVICE, AND YOUR CHOICE OF PARTICULAR SETTINGS AND SELECTION OR ADJUSTMENT DEFAULTS.
  • THESE LIMITATIONS OF LIABILITY EXTEND TO ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, EXCEPT AS PROVIDED IN THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “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 IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE EXISTING CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE, AND HAVING BEEN SO INFORMED, BY USING THE SERVICE YOU HEREBY WAIVE THE APPLICATION OF SECTION 1542 AND EVERY OTHER SIMILAR LAW IN EACH OTHER APPLICABLE JURISDICTION

15. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE BUZZINPARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE BUZZINPARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE BUZZINPARTIES LIABLE, FOR ANY LOSS RELATING TO:

  • THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND YOU ACKNOWLEDGE THE RISK OF USING THE SERVICE WITH THIRD PARTIES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU;
  • YOUR FAILURE TO MEET ALL APPLICABLE REQUIREMENTS FOR USE OF THE HARDWARE AND/OR SERVICES, AND TO USE THE HARDWARE AND SERVICES IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS;
  • ACCIDENTS OF ANY SORT AFFECTING THE HARDWARE OR THE TELEPHONE NETWORK, THE INTERNET, OR THE ELECTRICITY GRID, SUCH AS SHOCKS, OVERVOLTAGE, LIGHTNING, FLOODING OR FIRE AND IN GENERAL ANY EVENTS RESULTING FROM ABNORMAL USE OR AN ABNORMAL SITUATION;
  • FAILURE OF THE TELEPHONE NETWORK, THE INTERNET OR THE ELECTRICITY GRID FOR REASONS ATTRIBUTABLE TO THEIR OPERATORS OR TO THE CUSTOMER;
  • FAILURE OF THE ADSL NETWORK USED BY THE CUSTOMER, WHETHER THIS FAILURE IS ATTRIBUTABLE TO HIS SERVICE PROVIDER, TO FAILURE OF THE MODEM/ROUTER USED BY THE CUSTOMER OR TO ANY ONE OF THE ELEMENTS LOCATED BETWEEN THE CAMERA AND THE ADSL ROUTER (CABLE, SWITCH, ETC.);
  • VARIATIONS OF THE CURRENT IN ELECTRICAL OR TELEPHONE LINES RESULTING FROM AND/OR CAUSING ELECTRICAL, RADIOELECTRICAL OR ELECTROMAGNETIC INTERFERENCE OF ANY KIND;
  • INTERRUPTIONS OR LOSSES OF QUALITY IN THE SERVICES WHEN THEY ARE USED SIMULTANEOUSLY WITH AN INTERNET, AUDIOVISUAL OR TELEPHONE SERVICE BY THE CUSTOMER BECAUSE THE EFFECTIVE SPEED OF THE INTERNET ACCESS IS REDUCED AS A RESULT;
  • UNFORESEEABLE CIRCUMSTANCES AND ACTS OF GOD; OR
  • ANY VIOLATIONS BY CUSTOMER OF ANY TERMS OF THE BUZZIN AGREEMENTS.

16 EXCLUSIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SCHEDULE 1

Requirements for Proper Use of the Buzzin Products and Services

a. TECHNICAL REQUIREMENTS

You will be responsible for obtaining and ensuring proper functioning and compatibility of all equipment, network connections, internet or telephone service, or other equipment or services necessary in order to access and use the hardware products, software, or services provided by Buzzin (“Requirements”). Requirements include, but are not limited to, the following:

  • Broadband Internet access.
  • Router (independent or integrated in a box) with an Ethernet or WiFi connection left permanently on.
  • Computer equipped with an up-to-date web browser, if web access to the Services is desired.
  • A GSM network of sufficient quality to benefit from GPRS communication services, if such services are desired.

You will be responsible for all charges associated with the Requirements, including without limitation all telephone, internet, and data charges, alarm system use or permit fees, or other expenses.

b. INSTALLATION

Customer shall take personal responsibility for the installing and configuring of the Services in accordance with the instructions provided in the Buzzin packaging and websites. The Customer bears sole responsibility for the installation, configuration, and use of the Services. Buzzin may in no case be held responsible if the Services prove to be incompatible or present malfunctions with third party software, configurations, operating systems, or equipment.

c. COMPLIANCE

By registering an account on the Service, Customer represents.