Last Updated At: June 14, 2019
This agreement (the “Agreement”) between you and MerchSquare, Inc. (“we”, “us”, “our”) sets out your rights to access and use of Buzzi and any other products or services provided by us (the “Service”). If you are accepting this Agreement and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement. By accessing our Service, you agree that you have read, understood and accepted this Agreement.
If we decide to make changes to this Agreement, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on buzzireviews.com. Your continued use of the Service will confirm your acceptance of the changes.
The Service is not targeted toward, nor intended for use by, anyone under the age of 18. You must be at least 18 years of age to access or use of the Service. If you are between 13 and 18 years of age (or the age of legal majority where you reside), you may only access or use the Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
3. Copyright and Limited License
We may retain data, text, photographs, images, video, audio, graphics, articles, comments, software, code, scripts, and other content supplied by us, the Steem blockchain or our licensors, which we call “Buzzi Content.” Buzzi Content is protected by intellectual property laws, including copyright and other proprietary rights of the United States and foreign countries. Except as explicitly stated in this Agreement, we do not grant any express or implied rights to use Buzzi Content.
You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service and Buzzi Content for your personal use. You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
4. Trademark Policy
All other trademarks, registered trademarks, product names and company names or logos mentioned or used on our Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
5. Assumption of Risk, Limitations on Liability.
5.1. You accept and acknowledge that there are risks associated with utilizing an Internet-based Steem blockchain account service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within or associated with your Account, including, but not limited to your private key(s) (“Private Key”). You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services, however caused.
5.2. We make no representation or warranty of any kind, express or implied, statutory, or otherwise, regarding the contents of the Service, information and functions made accessible through the Service, any hyperlinks to third-party websites, nor for any breach of security associated with the transmission of information through the Service or any website linked to by the Service.
5.3. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from: (a) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped Steem blockchain addresses; (b) Server failure or data loss; (c) Corrupted Account files; (d) Unauthorized access to applications; (e) Any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Service or Services.
5.4. We make no warranty that the Service or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Service.
5.5. Subject to 6.1 below, any and all indemnities, warranties, terms, and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
5.6. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.
5.7. Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
6. Agreement to Hold MerchSquare, Inc. Harmless
6.1. You agree to hold harmless MerchSquare, Inc. (and each of our officers, directors, members, employees, agents, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable legal fees, arising out, or relating to:
6.1.1. Your use of, or conduct in connection with, our Services;
6.1.2. Your violation of any term in this Agreement; or
6.1.3. Violation of any rights of any other person or entity.
6.2. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we will pursue a settlement of any action or proceeding.
7. No Liability for Third-Party Services and Content
7.1. In using our Services, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred because of any such dealings and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
8. Account Registration
8.1. If you would like to use part of the Service, you must create a Buzzi account (“Account”). When you create an Account, you are strongly advised to take the following precautions, as failure to do so may result in loss of access to, and/or control over, your Account: (a) Create a strong password that you do not use for any other website or online service; (b) Provide accurate and truthful information; (c) maintain the security of your Account by protecting your Account password and access to your computer and your Account; (e) Promptly notify us if you discover or otherwise suspect any security breaches related to your Account.
8.2. You hereby accept and acknowledge that you take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
9. The Services
9.1. As described in more detail below, the Services, among other things, provide software that facilitates the submission of Steem blockchain transaction data to the Steem blockchain without requiring you to access the Steem blockchain command line interface.
9.2. Account and Private Keys. When you create an Account, the Services generate and store a cryptographic private and public key pair that you may use to send and receive STEEM and Steem Dollars via the Steem network. The Private Key uniquely matches the Account Name and must be used in connection with the Account Name to authorize the transfer of STEEM and Steem Dollars from that Account. You are solely responsible for maintaining the security of your Private Key and any password phrase associated with your wallet. You must keep your Account, password phrase and Private Key access information secure. Failure to do so may result in the loss of control of Steem, Steem Power and Steem Dollars associated with the Wallet.
9.3. No Password Retrieval. We do not receive or store your Account password or Private Keys. Your Private Key is your own and you are solely responsible for their safekeeping. We cannot assist you with Account password retrieval, reset, or recovery. You are solely responsible for remembering your Account password. If you have not safely stored a backup of any Account and password pairs maintained in your Account, you accept and acknowledge that any STEEM, Steem Dollars and Steem Power you have associated with such Account will become permanently inaccessible if you do not have your Account password.
9.4. Transactions. In order to be completed, all proposed Steem transactions must be confirmed and recorded in the Steem public ledger via the Steem distributed consensus network (a peer-to-peer economic network that operates on a cryptographic protocol), which is not owned, controlled or operated by MerchSquare, Inc. The Steem Network is operated by a decentralized network of independent third parties. Blockchain has no control over the Steem network and therefore cannot and does not ensure that any transaction details you submit via the Services will be confirmed via the Steem network. You acknowledge and agree that the transaction details you submit via the Services may not be completed, or may be substantially delayed, by the Steem network. You may use the Services to submit these details to the network.
9.5. No Storage or Transmission of STEEM, Steem Dollars or Steem Power. STEEM, in any of its forms (STEEM, Steem Dollars and Steem Power) is an intangible, digital asset controlled by you. These assets exist only by virtue of the ownership record maintained on the Steem blockchain. The Service does not store, send, or receive STEEM, Steem Dollars, or Steem Power. Any transfer of title that might occur in any STEEM, Steem Dollars or Steem Power occurs on the Steem blockchain and not within the Services. We do not guarantee that the Service can affect the transfer of title or right in any STEEM, Steem Dollars or Steem Power.
9.6. Relationship. Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy, or trusteeship, between you and us.
9.7. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Steem blockchain transaction initiated via the Services, for instance, if you mistype an Account name or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
9.8. No Cancellations or Modifications. Once transaction details have been submitted to the Steem blockchain via the Services, The Services cannot assist you to cancel or otherwise modify your transaction details. We have no control over the Steem blockchain and do not have the ability to facilitate any cancellation or modification requests.
9.9. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the we are not responsible for determining whether taxes apply to your Steem blockchain transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Steem blockchain transactions.
10. Fees for Using the Services
10.1. 10% beneficiaries will be used for MerchSquare, Inc. operations, and another 5% for sponsors who delegated Steem Power to @Buzzi.
11. No Right to Cancel And/or Reverse Steem Transactions
11.1. If you use a Service to which STEEM, Steem Dollars or Steem Power is transacted, you will not be able to change your mind once you have confirmed that you wish to proceed with the Service or transaction.
12. Discontinuation of Services.
12.1. We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing, outside of the Services, a backup of any Account and Private Key that you maintain in your Wallet.
12.2. If you do not maintain a backup of your Account data outside of the Services, you will be may not be able to access STEEM, Steem Dollars and Steem Power associated with any Account maintained in your Account if we discontinue or deprecate the Services.
13. Suspension or Termination of Service.
13.1. We may suspend or terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Buzzi account and all related information and files in such without cost to you, including, for instance, if you breach any term of this Agreement. In the event of termination, your access to the funds in your account will require you access to the Steem blockchain via the command line API or third party tool, and will require you to have access to your backup of your Account data including your Account and Private Keys.
14. User Conduct
14.1. When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
14.1.1. Use of our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
14.1.2. Use our Services to pay for, support or otherwise engage in any activity prohibited by law, including, but not limited to illegal gambling, fraud, money-laundering, or terrorist financing activities.
14.1.3. Use or attempt to use another user’s Account without authorization;
14.1.4. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
14.1.5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
14.1.6. Encourage or induce any third-party to engage in any of the activities prohibited under this Section.
14.1.7 Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
14.1.8 Develop any third-party applications that interact with our Services without our prior written consent;
14.1.9 Provide false, inaccurate, or misleading information;
14.1.10 Reverse engineer any aspect of Buzzi or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Buzzi Content, area or code of Buzzi.
15. Third-Party Content and Sites
Buzzi may include links and other content owned or operated by third parties, including advertisements and social "widgets" (we call these "Third-Party Content"). You agree that MerchSquare, Inc. is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave Buzzi, you should understand that these Terms no longer govern and that the terms and policies of those third-party sites or services will then apply.
You may submit questions, comments, feedback, suggestions, and other information regarding Buzzi (we call this "Feedback"). You acknowledge and agree that Feedback is non-confidential and will become the sole property of MerchSquare, Inc. MerchSquare, Inc. shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and is entitled to the unrestricted use and dissemination of this Feedback for any purpose, without acknowledgment or compensation to you. You agree to execute any documentation required by MerchSquare, Inc. to confirm such assignment to MerchSquare, Inc.
17. Copyright Complaints, the DMCA, and Takedowns
MerchSquare, Inc. respects the intellectual property of others by not reading infringed content from the Steem blockchain. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify MerchSquare, Inc. by contacting: email@example.com.
Please refer to 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys" fees, incurred by MerchSquare, Inc. or the alleged infringer, as the result of MerchSquare, Inc.’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
All the things you do and all the information you submit or post to the Service remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold us, our affiliates, officers, directors, employees, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Service, your violation of this user agreement, and/or your violation of the rights of any third-party or person.
To the fullest extent permitted by applicable law, the Service and the Buzzi Content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties implied by any course of performance or usage of trade. The company does not represent or warrant that the Service and the Buzzi Content: (a) will be secure or available at any time or location; (b) are accurate, complete, reliable, current, or error-free or that any defects or errors will be corrected; and (c) are free of viruses or other harmful components. Your use of the Service and Buzzi Content is solely at your own risk. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
20. Limitation of liability
To the fullest extent permitted by applicable law, in no event shall MerchSquare, Inc. or any related party to MerchSquare, Inc., that includes but is not limited to, subsidiaries, vendors, or contractors, be liable for any special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of, or in any way connected with, the use of, or inability to use, the Service or the Buzzi Content. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of MerchSquare, Inc. or any related party, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use of the Service
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you.
21. Modifications to the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service, or any features or portions of the Service, without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service.
We reserve the right, without notice and in our sole discretion, to terminate your license to access and use of the Service, which includes, Buzzi, and to block or prevent your future access to, and use of, the Service that we provide.
If any term, clause, or provision of this Agreement is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement is the entire agreement between you and us concerning the Service. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. By continuing to use the Services after a change to this agreement, you agree to those changes.
25. Contact Information
Notices to MerchSquare, Inc. should be directed to firstname.lastname@example.org.
MerchSquare and its products are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.Select product links on BUZZi are automatically monetized through Viglink's affiliate program. More details can be found here.