Welcome to our online community. These Terms of Service (“Terms”) set forth a legally binding agreement between you and BuzzVote, LLC (“BuzzVote,” “we,” “our,” or “us”), and govern your use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”).
In some instances, both these Terms and separate terms elsewhere on the Service will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
1. Not Professional Advice.
The information that you find on the Service will hopefully be useful to you, but please be advised that nothing found on the Service has necessarily been reviewed by professionals with the expertise necessary to provide you with complete, accurate or reliable information. The content presented on the Service should not be considered a substitute for professional advice. You should contact a trained professional when you need specialized advice in areas such as medicine, law, finance, accounting, tax or investment management and real estate.
2. Service Use.
The Service may consist of (i) materials and other items relating to BuzzVote and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, graphics, links, logos, button icons, images, audio, video, digital downloads, data compilations, advertising copy, URLS, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of all materials of the Service and any other copyrightable materials; (ii) trademarks, trade names, service marks, trade dress, and trade identities of various parties, including those of BuzzVote ("Marks"); and (iii) other forms of intellectual property (all the foregoing, collectively, “Content”). All right, title, and interest in and to the Service and the Content is the property of BuzzVote or our licensors or certain other third parties and protected by United States and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. No Marks (whether or not owned by BuzzVote or its subsidiaries) may be used in any manner that is likely to cause confusion among users as to source of origin.
B. Limited License.
Subject to your strict compliance with these Terms and any applicable Additional Terms, BuzzVote grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in BuzzVote’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Certain features of the Service may require you to register an account. By registering for an account, you are representing and warranting that: (i) all information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information; (ii) you are 14 years of age or older and your use of the Service will not violate any applicable law or regulation; (iii) you will only use your account for your own personal use, and you will not authorize others to use your account or share your account information with others; and (iv) you will immediately notify us of any suspected or actual unauthorized use of your account or breach of security. You are solely responsible for all activities that occur under your account, whether or not you authorized the activity, including content published or displayed through your account and your interactions with other users. We are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations
You may not use the Service unless you are at least fourteen (14) years old.
You may not do any of the following things in connection with the Service:
You should not post the same content more than once. You agree to respect the proprietary and intellectual property rights of others (including trademark, copyright and trade secrecy) in posting content.
You agree to comply with all laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.
We reserve the right at any time for any reason to modify or discontinue, temporarily or permanently, the Service or Content, in whole or in part, with or without advance notice, without liability to you or any third party. This includes that we may, in our sole discretion, suspend or terminate your password, account or use of or access to the Service and Content, and remove and discard any content posted by you. Upon suspension or termination of your access to the Service, or upon notice from BuzzVote, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.
F. Reservation of Rights.
All rights not expressly granted to you are reserved by BuzzVote and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service or Content for any purpose is prohibited.
3. User Content.
Our Service allows anyone who is at least 14 years old with an Internet connection and World Wide Web browser to access questions on the Service and submit their expressions of sentiment on those questions. When you (i) create or respond to polls or questions, (ii) otherwise create, share, publish, or store content through the Service, or (iii) submit any feedback or unsolicited ideas to us (collectively, “User Content”), you retain whatever ownership rights in that User Content you had to begin with. But you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your User Content, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name, user name, and/or handle in connection with that User Content. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have to the User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such moral rights in a manner that interferes with any exercise of the granted rights.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your User Content is not an admission of its novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your User Content.
We have the right but not the obligation to access, monitor, review, screen, edit or remove your User Content at any time and for any reason, including if we think your User Content violates these Terms. You, however, are solely responsible for your conduct and User Content.
Your User Content must comply with the restrictions set out in the Section “Restrictions” above.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to share, publish, or store the User Content you submit to the Service and to grant us the rights granted in this Section.
4. Reporting Copyright Problems.
A. Digital Millennium Copyright Act Notification Requirements
BuzzVote responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe content on the Service infringes your copyright, you can submit notice to our designated agent at:
Please make sure your notice meets the DMCA requirements. To be effective under this subsection, the notification of claimed infringement must include substantially the following:
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
B. Counter Notification.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
We will respond to counter notifications in accordance with the DMCA.
5. Customer Support.
If you have any questions or comments, please send an e-mail to us here. You acknowledge that the provision of support is at BuzzVote’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: [Insert Address]. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Third Party Services.
7. Service Features.
A. Wireless Features.
B. Location-Based Features.
You can opt-out of receiving certain promotional communications (e-mails and push notifications) from us at any time by (i) for e-mails, following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us here with the word UNSUBSCRIBE in the subject field of the e-mail; and (ii) for push notifications or in-app messages, adjusting the permissions in your Device. Please note that your opt-out is limited to the e-mail address and device used and will not affect subsequent subscriptions or, for e-mails, non-promotional communications, such as those about your account, transactions, servicing, or BuzzVote’s ongoing business relations.
8. Agreement to Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
A. We Both Agree to Arbitrate.
You and BuzzVote agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate BuzzVote intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances BuzzVote may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
B. What is Arbitration.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
C. Arbitration Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through American Arbitration Association (AAA). Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the Commercial Arbitration Rules in front of one arbitrator. If there is a conflict between Commercial Arbitration Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The Commercial Arbitration Rules and instructions for how to initiate an arbitration are available from AAA at www.adr.org. To initiate arbitration, you or BuzzVote must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.adr.org.
(2) Send three copies of the demand for Arbitration, plus the appropriate filing fee to: American Arbitration Associate, Case Filing Services, 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
(3) Send one copy of the demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the Commercial Arbitration Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
Arbitration under this agreement shall be held in the United States in New York County, New York, under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and BuzzVote, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BuzzVote.
E. No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
F. Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and BuzzVote in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BUZZVOTE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
G. Choice of Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.
9. Disclaimer of Representations and Warranties.
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER BUZZVOTE NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “BUZZVOTE PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE SERVICE IS A WORK IN PROGRESS, AND, AS SUCH, POSTINGS MAY CONTAIN ERRORS, DUPLICATION, OR OTHER INCONSISTENCIES. WE ENCOURAGE READERS TO HELP US CORRECT THESE MATTERS. THE SERVICE DOES NOT REPRESENT THAT USERS ARE SUBJECT MATTER EXPERTS OR THAT THEY HAVE ANY CREDENTIALS OR EXPERTISE IN AREAS ON WHICH THEY MAY BE COMMENTING. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USERS OF THE SERVICE OR THEIR USER CONTENT.
WE DO NOT PROMISE OR WARRANT THAT ANY ASPECT OF THE SERVICE WILL WORK PROPERLY OR WILL BE CONTINUOUSLY AVAILABLE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, COMPUTER ONLINE SERVICE, NETWORK OR SYSTEMS FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SERVICE, OR ALTERATION OF ANY USER CONTENT, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM BUZZVOTE INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
10. Limitation of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BUZZVOTE PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS, OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM BUZZVOTE INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify, and hold harmless BuzzVote, its officers, agents, partners, and employees from any and all claims, damages, losses, costs, and expenses, including reasonable attorney's fees and costs, arising out of or in connection with any of the following: (i) your violation or alleged violation of these Terms; (ii) your User Content ; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of any rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. BuzzVote reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with BuzzVote’s defense of any claim. You will not in any event settle any claim without the prior written consent of BuzzVote.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
12. Waiver of Injunctive or other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY BUZZVOTE OR A LICENSOR OF BUZZVOTE.
13. Updates to Terms.
We reserve the right, in our sole discretion, to change any part of these Terms and any applicable Additional Terms at any time, without prior notice. The current Terms can always be found at www.buzzvote.com/tos/. We can notify you of any updated Terms and any applicable Additional Terms either by e-mailing you about the amended Terms, which take effect when we send you the e-mail (unless otherwise explicitly set forth in the e-mail), or by displaying amended Terms to you via a link from the home page of our Service, which take effect when we post them (unless otherwise explicitly set forth in writing by us). If you object to any such changes, your sole recourse is to cease using the Service.
14. General Provisions.
A. Consent or Approval.
No BuzzVote consent or approval may be deemed to have been granted by BuzzVote without being in writing and signed by an officer of BuzzVote.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Not Professional Advice, Service Use (except for the limited license), User Content, Copyright Infringement, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
C. Severability; Interpretation; Assignment.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. BuzzVote may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of BuzzVote.
D. Complete Agreement; No Waiver.
These Terms, and any applicable Additional Terms, constitute the entire agreement, and supersede any other agreements, representations, warranties, assurances, discussions, or understandings (oral or written), between you and us with respect to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or BuzzVote in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. We may be excused for any problem due to a factor beyond our control. This agreement does not create any agency, employment, partnership, joint venture, employment or franchise relationship.
E. International Issues.
BuzzVote controls and operates the Service from the U.S., and BuzzVote makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
F. Investigations; Cooperation with Law Enforcement.
BuzzVote reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. BuzzVote may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
G. California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
H. New Jersey Rights.
The sections on indemnity, limitation of liability, and disclaimer of warranties do not apply to New Jersey residents.
I. Terms Applicable for Apple iOS.
If you are using the Service through an Apple Device, the following terms apply:
(i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and BuzzVote and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
(iii) You acknowledge that BuzzVote, and not Apple, is responsible for providing the Service and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and BuzzVote, BuzzVote, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims; (b) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the Service.