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Terms of use

These terms were last updated 29 August 2013

Thank you for accessing http://www.realbuzz.com (the "Website").
 Please read these Terms of use before using the Website which is operated by The Realbuzz Group Ltd. (registered number 3942343), whose registered office is at 12 Nicholas Street, Chester, Cheshire, United Kingdom ("we", "us" or "our").

By using the Website, you signify your acceptance of these Terms of use in consideration of which we provide you with access. From time to time we may modify these Terms of use so please continue to review them whenever accessing or using the Website. If at any time you do not wish to accept the Terms of use, you may not use the Website. From time to time we may run competitions and promotions via the Website. Separate Terms of use will be posted where applicable governing such competitions and promotions.

You must be at least 16 years old to use the Website. If you are under 16 years old, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

1. While we have endeavoured to ensure the accuracy of information on the Website, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The Website "Content" including text, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material are provided "as is" without any warranties of any kind unless specifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

2. We have no control over or responsibility for websites to which the Website is linked. Your use of such websites is at your sole risk.

3. We are the owner or the licensee of all intellectual property rights in the Website and its Content, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
You acquire no rights or licences in or to the Website and / or the Content other than the limited right to use the Website in accordance with these Terms of use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these Terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us (Members). We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of use.

5. In order to access some features of the Website or other services, you will have to create a realbuzz.com account. When registering and creating your account you consent to us processing your user identity and details, you must provide accurate and complete information and ensure that this information is kept accurate and up-to-date at all times. The Website reserves the right to terminate your membership if we learn that you have provided false or misleading registration information. You are solely responsible (to the Website, and to others) for all activity that occurs under your realbuzz.com account, therefore it is important that you keep your account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your realbuzz.com account that you become aware of.

6. When registering and creating your account you must select a username, we reserve the right to force forfeiture of any username for any reason.

7. You must not disrupt the functioning of the Website, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the Website. Other than connecting to The Realbuzz Group Ltd servers by HTTP requests using a web browser, you may not attempt to gain access to The Realbuzz Group Ltd servers by any other means, including, without limitation, by using administrator passwords or by acting as an administrator while using the Website or otherwise.

8. By sharing any contribution (including any text, photographs, graphics, video or audio -“User Generated Content”) with the Website you agree to grant the Website, free of charge, permission to use the material in any way it wants (including modifying and adapting it). Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it. In order that the Website can use your contribution, you confirm that your contribution is your own original work, is not defamatory and is lawful in the country to which you are resident, that you have the right to give the Website permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.

9. By submitting User Generated Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with your User Generated Content. We reserve the right to display advertisements in connection with your User Generated Content and to use your User Generated Content for advertising and promotional purposes.


10. Responsibility for User Generated Content that is posted in the forums and/or other public areas of the Website lies with each user – users alone are responsible for the content of their submissions and the consequences of any such contributions. The Realbuzz Group cannot and does not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission.

11. Prohibited content, you must not upload, post, or otherwise transmit to the Website any Content that, as reasonably determined by The Realbuzz Group Ltd is:

11.1 Untrue, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

11.2 Contains hostility or prejudice towards a person’s disability, religion or belief, sexual orientation or transgender identity

11.3 infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;

11.4 of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;

11.5 unsolicited, undisclosed or unauthorised advertising;

11.6 software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

11.7 data or information obtained through access that was not authorised by the owner, or that you are not authorised to post; or

11.8 in violation of any applicable local, national or international law (including export laws).

If you find any content on the Website that meets any of the points outlined above, please use the ‘report as inappropriate’ link or the contact us form and we will investigate the content and the author further and action as appropriate.

We reserve the right to remove inappropriate material or information posted by any users. We also reserve the right to terminate, without warning, records of users which we consider to be misusing the Website, or of those who are in breach of these Terms. Terminated users will be prevented from re-registering on the Website.   

12. Those registered to the Website will be able to contact other Members if they wish to converse with other Members with similar interests or goals by using our internal messaging system (where this option has been enabled by the Member). If you use this option, you warrant not to send "spam" or other unwanted solicitations, or any other Prohibited Content. Please refer to section 11, which details Prohibited Content. Members found to be in breach of such warranty will indemnify us in respect of such breach and may be stripped of their membership. We are not responsible for the content of personal messages or email messages sent to you by our users or from a third party.

13. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

14. We reserve the right to terminate or restrict your access to the Website at any time without notice for any reason whatsoever. The Website shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as specified in our Privacy policy. If you become a registered Member, you may terminate your membership at any time.

15. You acknowledge that access to the Website is provided free of charge. If you are dissatisfied with the Website, these Terms of use or any of the Content your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from our negligence, we accept no liability to you whatsoever whether based on warranty, contract, tort or otherwise. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

16. The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. We do not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

17. You agree to indemnify, defend, and hold us harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us is based on or arises in connection with your use of the Website, any breach by you of these Terms of use or a claim that your use of the Website infringes any intellectual property rights of any third party or is libellous or defamatory, or otherwise results in injury or damage to any third party.

18. Neither The Realbuzz Group Ltd nor its associated companies can accept any responsibility for death or injuries caused by any information contained within the Website. All content within the Website is provided in good faith and is for general information only, and should not be treated as a substitute for the medical advice of your own doctor or any other health care professional. The Realbuzz Group Ltd or its associated companies is not responsible or liable for any diagnosis made by a user based on the content of the Website. The Realbuzz Group Ltd or its associated companies is not liable for the contents of any external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on any of the sites. Always consult your own doctor if you're in any way concerned about your health.

19. Occasionally we may choose to publish articles or features that some site visitors may find offensive. The Realbuzz Group does not intend to offend any Website visitors, therefore recommends to any site visitors that finds the content (or it’s tone) offensive that they no longer visit the Website.

20. There are several areas on the Website on which users may post information or comments which can be viewed by anyone who visits the Website (whether or not they are registered members). In using these, you agree to the following: respect everyone’s opinion, give everyone the same courtesy you’d expect in return, not to "stalk" or otherwise harass one another, not to collect or store personal data about other users; not to use profane or explicit content; not to post images that might be considered inappropriate; not to post communications that could be considered harassment or intimidation of any member; not to post advertisements or promote products commercially. Please refer to section 11, which details Prohibited Content.

The Website has the right to edit or remove any Content if it does not meet these standards or we deem it inappropriate. We will not enter into any discussions about a decision to edit or delete such material. The Website may at any time, and without prior or post warning, close discussions in Forums as it feels appropriate. The Website does not endorse any information posted by Members, and these do not necessarily reflect the views of The Realbuzz Group Ltd.

21. The Website’s Terms of use are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

22.1 Our liability for losses you suffer as a result of us breaking these Terms of use is strictly limited to any losses which are a foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time you use the Website.
 

22.2 This does not include or limit in any way our liability:
  

22.2.1 for death or personal injury caused by our negligence;
  

22.2.2 under section 2(3) of the Consumer Protection Act 1987; 
  

22.2.3 for fraud or fraudulent misrepresentation; or
 22.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
 

22.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
  

22.3.1 loss of income or revenue;
  

22.3.2 loss of business;
  

22.3.3 loss of profits or contracts;
  

22.3.4 loss of anticipated savings;
  

22.3.5 loss of data; or
  

22.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause [22.3] shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause [22.1] or any other claims for direct financial loss that are not excluded by any of categories (1) to (6) inclusive of this clause [22.3].

 

23. These Terms together with any additional terms, which are drawn to your attention, constitute the complete and entire Terms of Use for users visiting the Website.