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Welcome to our Web site. By using our site, you are agreeing
to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not
agree to these terms, you should not use this site. The term “BuzzArt” or “us” or “we” or “our” refers
to BuzzArt Enterprise Inc., the owner of the Web site. The
term “you” refers to the user or viewer of our
Web Site.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms
of Use Agreement ("Agreement") with respect to
our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the
content, products or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without
specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to
using the Site.
Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The
posting of information or materials on the Site does not
constitute a waiver of any right in such information and
materials. Some of the content on the site is the copyrighted
work of third parties.
Service Marks.
"buzzartinc.com" and others
are our service marks or registered service marks or trademarks.
Other product and company names mentioned on the Site may
be trademarks of their respective owners.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all
copyright and other policies contained therein. No print
out or electronic version of any part of the Site or its
contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any
Content and Materials retrieved therefrom; (b) use the Site
or any materials obtained from the Site to develop, of as
a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media
now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial
distribution mechanism...
Forms, Agreements & Documents
We may make available through the Site or through other
Web sites sample and actual forms, checklists, business documents
and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes,
without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided for
a charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. The Documents
are provided “as is”, “as available”,
and with “all faults”, and we and any provider
of the Documents disclaim....
No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site
is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance
and no attorney-client relationship is formed. We do not
warrant or guarantee the accurateness, completeness, adequacy
or currency of the information contained in or linked to
the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not
a law firm and the Site is not a lawyer referral service.
Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b) your
site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately
upon request by us.
Advertisers.
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Site is accurate and complies with applicable
laws..
Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL
FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES....
THE MATERIALS IN THIS SIRMONT SOLUTIONS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY SIRMONT SOLUTIONS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY SIRMONT SOLUTIONS SITE OR THE SERVERS
THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON ANY SIRMONT SOLUTIONS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that
link to or from any BuzzArt Site. We cannot ensure
that you will be satisfied with any products or services
that you purchase from a third-party site that links to or
from any BuzzArt Site or third-party content on
our sites. We do not endorse any of the merchandise, nor
have we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party
sites or content. We do not make any representations or warranties
as to the security of any information (including, without
limitation, credit card and other personal information) you
might be requested to give any third-party, and you hereby
irrevocably waive any claim against us with respect to such
sites and third-party content. We strongly encourage you
to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction
with any of these third parties.
Search and Directory are free services offered by us. Because
the Web changes constantly, no search engine technology can
possibly have all accessible sites at any given time. Thus,
we explicitly disclaim any responsibility for the content
or availability of information contained in our search index
or directories.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, ANY SIRMONT SOLUTIONS SITE OR
MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING ANY SIRMONT SOLUTIONS
SITE.
General Provisions
These terms shall be governed by and construed in accordance
with the laws of the State of California, without giving
effect to any principles of conflicts of law. You agree that
any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal
courts located in Los Angeles County, California, and you
hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void,
or for any reason unenforceable, then that provision shall
be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing,
signed by both parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice
on any BuzzArt Site, electronic mail to a user's
e-mail address on our records, or by written communication
sent by first-class mail to a user's address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be
sent to Service Provider's Designated Agent. See Notice and
Procedure for Making Claims of Copyright Infringement.
To be effective, the notification must be a written communication
that includes the following:
A physical or electronic signature of person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed;
Identification of the copyrighted work claimed to have been
infringed, or multiple copyrighted works at a single online
site are covered by a single notification, a representative
list of such works at that site;
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material;
Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted;
A statement that the complaining party has a good-faith
belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or
the law; and
A statement that the information in the notification is
accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
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