End-User Terms and Conditions of Use

 

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  1. General
    1. These Terms and Conditions of Use form a legal agreement (“Agreement”) between HunchBuzz Limited (“HunchBuzz”), a duly incorporated company, the client (“Customer”) and the user (“End-User”; “You”).
    2. This Agreement discloses the terms of use for the online platform provided by HunchBuzz on HunchBuzz.com (“Site”) and any associated material or site.
    3. By accessing and viewing the pages of this website you agree that you have read, understood and accepted the terms set out in this Agreement.
    4. These Terms and Conditions of Use supersede any subsequent terms or conditions included within the Site, whether or not such terms or conditions are signed by HunchBuzz. This Agreement also supersedes any subsequent implied or express representations, understandings, proposals or agreements.
    5. HunchBuzz reserves the right to make changes to the Site and these Terms and Conditions of Use at any time. You should review these Terms and Conditions of Use from time to time. If you do not agree to all of the terms and conditions set forth, you must exit the Site immediately. Your continued use of the Site constitutes your acceptance of the Terms and Conditions of Use applicable at that time.
    6. If you breach any part of these Terms and Conditions, HunchBuzz reserves the right to cancel your access to the Site.
  2. Definitions
    1. The following definitions apply throughout this Agreement:
      Agreement” means the legal binding contract between HunchBuzz and You for the provision and use of the Site, Service and Software.“Content” means any ideas, comments, graphics, photographs, files or other information communicated through the Service.“Customer” means the client, as identified on the Order Confirmation(s) which are governed hereby.“Customer Data” means and messages, graphics, images, files, data and other information transmitted by Customer or End-User to HunchBuzz and the Service, including any form of feedback, idea, comment or inventions contained therein.“End-User” means any person who interacts with the Service in any way.

      Good Faith” is a general presumption that the parties to a contract will deal with each other honestly and fairly so as to not destroy the right of the other party or parties to receive the benefits of the contract.

      Site” refers to the website that these Terms and Conditions apply to, including but not limited to, HunchBuzz.com and any associated material.

      Service” refers to the Software, Platform and services provided by HunchBuzz under this Agreement.

  3. Your Obligations
    1. Conduct
      1. By using the Service, You warrant that You are at least 18 years old, or have the permission of Your parent or legal guardian to use the Service. The Service is not intended to be used by any person under the age of 13.
      2. You are responsible for using the Service in a private and secure manner. Accounts may only be used by one person. You are responsible for maintaining the security of your account and password. HunchBuzz and the Customer will not be liable for any loss or damage from Your failure to comply with this security obligation.
      3. You may not use the Service to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You also agree not to take any action, including without limitation, spamming, that imposes an unreasonable load on the HunchBuzz infrastructure.
      4. You agree not to use any device or software that can interfere with the proper working of HunchBuzz or the Service which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, Data or personal information. You agree not to take any actions which may undermine the integrity of Service, including: leaving feedback or ratings for yourself; using the Site in violation of local, national or international law, including without limitation the laws of New Zealand; or uploading of files or content that contain material that violates the intellectual property rights of any party.
      5. You may not exploit the Service to access unauthorized information, or for any illegal activity. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Service and the transfer of the technologies or information with which you are involved. HunchBuzz and Customer hold no liability or responsibility for any content or action conducted via the Service that violates any law.
    2. Submitting Content
      1. Any Content communicated through the Service belongs to the person who posted the Content. You may use any Content you have posted in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Use.
      2. Submitting your Content on Service is entirely voluntary, non-confidential and non-committal.
      3. You give the Customer and HunchBuzz a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to publish and use any Content that You submit. You also grant the Customer and HunchBuzz, without limitation:
        1. The right to reproduce or copy or create derivative works thereof;
        2. The right to transfer, deliver, and sell the Content via any means possible;
        3. The right to edit, modify, adapt, arrange, improve, correct, develop, and translate the Content;
        4. The right to update or upgrade specific information within the Content;
        5. The right to film, perform or post the Content in any media, and
        6. The right to use or incorporate all or any part of the Content in any products or services of the Customer.
      4. You hereby waive any and all rights to be compensated by HunchBuzz, the Customer or any partner associated with either party for the use of Your Content. You further acknowledge that no compensation is due to you or anyone else for any inadvertent or intentional use of your Content, similar ideas, comments or ideas derived from your idea.
      5. You also understand that the Customer assumes no obligation with respect to any of your Content until the Customer enters into a written contract with you. In the absence of a separate formal contract, your rights are limited the laws of New Zealand.
      6. You understand that disclosure of Content to HunchBuzz or Customer does not obligate the Customer to treat your Content or any other material as secret or confidential unless otherwise specified.
      7. You agree that the Customer may already be directly or indirectly:
        1. Working on the same or similar Content;
        2. Already know of such Content from other sources; or
        3. Simply wish to develop this Content or as similar to the Content on its own.
      8. You agree that the Customer may use your Content to help support any changes to their original Content at their own discretion.
      9. You understand that the Customer has no obligation to develop or use your Content. HunchBuzz and the Customer are not required to give reasons for rejecting your Content or to reveal the use of any Content you have supplied.
      10. Submission of Content is poses no obligation to HunchBuzz or the Customer to purchase or license rights to own, modify, transmit or publish such Content.
      11. You are solely responsible for what you submit as Content to the Site. HunchBuzz acts merely as a conduit for the distribution and/or publication of that information on behalf of Customer.
      12. You certify that Content you have uploaded to Service is your own original work and that you have the right to disclose the Content to the Customer.
      13. If your Content is the subject of a pending or issued patent, you will disclose this to the Customer. If you hold a patent in any regards to the Content, the Customer acknowledges that no license under any patent is herein granted to the Customer.
      14. You agree that your Content is accurate and to the best of your knowledge will not:
        1. infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy;
        2. violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or
        3. be defamatory, unlawfully threatening, or unlawfully harassing.
      15. HunchBuzz and Customer has the right, but not the obligation, to remove any Content that is determined to be unlawful, offensive, defamatory, obscene or otherwise objectionable, including material that violates intellectual property, or for any reason whatsoever. HunchBuzz and Customer also have the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such Content.
      16. You hereby release and forever discharge HunchBuzz, the Customer and any affiliates from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, where you can or may have against HunchBuzz, the Customer, any affiliates or their respecting successors and assigns with respect to the Content, including without limitation in respect of how HunchBuzz, the Customer, any affiliates and subsidiaries, directly or indirectly, use the Content.
  4. Customer + HunchBuzz rights
    1. The Customer may prohibit or limit any User from using the Service in its sole discretion at any time for any reason, and is not liable for any damage or loss resulting from such prohibition.
    2. Neither the Customer nor HunchBuzz are liable for any damage or loss due to unauthorized account access resulting from your actions.
    3. Any failure of the Customer or HunchBuzz to enforce or exercise a right provided in these terms is not a waiver of that right.
    4. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
    5. The Customer and HunchBuzz reserve the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
  5. Privacy
    1. HunchBuzz respects the privacy of every End-User who visits the Site. We understand that the information that you provide to us can be considered sensitive. Please review the HunchBuzz Privacy Policy, which outlines our use of all data collected from Users, to understand our practices. This privacy statement also governs your visits to the Site.
  6. Competitions
    1. From time to time, any Customer may conduct a competition and may choose to award a prize or prizes to the winner of such a competition. HunchBuzz accepts no liability or obligation for any competitions, prizes or awards conducted in conjunction with the Service. The award and distribution of prizes are the sole responsibility of the Customer. HunchBuzz takes no responsibility for mediation or communication with the Customer or any End-User about eligibility for, or award of, any prize. Any criteria in qualifying for a prize or award, and the decision to grant any such prize or award, remains at the sole discretion of the Customer.
    2. Any abuse of the principles of Good Faith in partaking in any competition will violate these Terms and Conditions of Use and may be investigated by HunchBuzz staff, with action to be taken as deemed appropriate.
  7. Jurisdiction
    1. This Site is operated by HunchBuzz from New Zealand. These Terms and Conditions of Use and any use of HunchBuzz, the Site or the Service shall be governed by the laws of New Zealand, without regard to principles of conflict of laws.
    2. HunchBuzz makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
    3. Any dispute that might arise between You and HunchBuzz, any Customer or any affiliated organisation will be resolved in accordance with New Zealand law. The courts of New Zealand shall have jurisdiction over all disputes that may arise in respect of this Agreement.
    4. Use of this Site is unauthorized in any jurisdiction that does not adhere to all provisions of these Terms and Conditions of Use, including, without limitation, this paragraph.
  8. Intellectual Property Rights
    1. HunchBuzz owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by HunchBuzz or its Affiliates.
    2. HunchBuzz and the Customer respect the intellectual property of others. In appropriate circumstances and at its sole discretion, HunchBuzz may disable and/or terminate the accounts of Users who repeatedly infringe the rights of others. If you believe that your work has been copied in a way that constitutes a copyright infringement, or your intellectual property rights have been otherwise violated, please advise the Customer or HunchBuzz in writing.
  9. Data Security
    1. Neither HunchBuzz nor the Customer is liable for any damages or losses resulting from the Service transmitting information such as invoices and personal messages over unencrypted networks such as email.
  10. Third-Party Web Site Links
    1. The Service may contain links to external sites. Such links are provided for reference only and HunchBuzz takes no control of such sites. Links to any external site does not imply any endorsement of the material on such sites or any association with the operator of any site.
  11. No Third-Party Reliance
    1. You agree that You will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of HunchBuzz.
  12. Indemnification
    1. You agree to indemnify HunchBuzz, its directors, officers, employees, agents and representatives from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to:
      1. Your use of this Site and related products; and
      2. any alleged breach of these Terms and Conditions of Use.
  13. Disclaimer
    1. HunchBuzz excludes all obligations and warranties (including, but not limited to, any warranties of merchantability, quality and fitness for a particular purpose) whether express or implied by statute or common law or otherwise, to the fullest extent permitted by law. Except as provided by law on a basis that cannot be excluded, HunchBuzz:
      1. is not liable to You or any other person on any basis, whether in contract, tort (including negligence), equity or otherwise; and
      2. is not liable to You or any other person for any loss, whether direct or indirect (including loss of profit, revenue, opportunity or production), arising from or in connection with Your use of the Site or any information on the Site.
    2. HunchBuzz will take reasonable steps to keep the Site free from viruses and errors. However, the information, materials, Services and products included on this Site are provided on an “as is” basis and without warranty of any kind either express or implied to the fullest extent permissible pursuant to applicable law.
    3. HunchBuzz provides the Site and the Service on an “as available” basis. Access to the Site may be unavailable or terminated at any time and this shall not affect any disclaimer or exclusion of liability made by HunchBuzz with respect to the Site.
    4. HunchBuzz takes care to ensure any information we provide on the Site is accurate. However, HunchBuzz does not warrant or make any representations that the information or material on the Site is complete and accurate or that the information is suitable for Your intended use or circumstances.
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