BY ACCESSING OR USING THE BUZZDIVING SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE BUZZDIVING SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Read more in section 23. Dispute Resolution (Arbitration Clause and Class Action Waiver).
• You acknowledge that we will use information we obtain about you in connection with your access to and use of THE BUZZDIVING SERVICES in accordance with our Privacy Notice.
• If you purchase a digital membership and/or subscription products (referred below as a Digital Membership Product), additional terms apply, including regarding the auto-renewal of your membership or subscription.
• If you purchase a print subscription, additional terms regarding the auto-renewal and continuous service of your subscription (“Continuous Service Program”) apply.
• You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of THE BUZZDIVING SERVICES.
• You are solely responsible for any user content you provide to us.
Intellectual and Other Proprietary Rights
• Your access and use of THE BUZZDIVING SERVICES and Content is for personal and noncommercial purposes only.
• As between Buzzdiving and you, Buzzdiving owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with THE BUZZDIVING SERVICES and Content except, if applicable, with respect to your User Content.
• You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of THE BUZZDIVING SERVICES (including any code used in any software) or Content, whether or not for profit.
• If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to THE BUZZDIVING SERVICES. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion.
Release, Indemnity, Disclaimers and Limitation of Liability
• Buzzdiving disclaims any warranties and provides the Buzzdiving Services “as is”.
• Buzzdiving is not responsible for any links to third-party websites, apps or other services, including social media platforms.
• We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Magazine Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
• Your continued use of the Buzzdiving Services will be deemed as irrevocable acceptance of any revisions.
Governing Law and Severability
Last revised on: June 7, 2021
- Application and Acceptance of this Agreement
the Buzzdiving Services and Content are for general information, discussion and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Buzzdiving Services. We make no representations or guarantees about any aspect of the Buzzdiving Services and Content and do not endorse any opinions expressed by any users. the Buzzdiving Services AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON the Buzzdiving Services OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON the Buzzdiving Services OR ANY CONTENT.
- Privacy Notice
In connection with your access to or use of the Buzzdiving Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Noticehttps://buzzdiving.com/privacy-policy/ is incorporated into this Agreement and forms part of the Agreement.
- Accuracy of Your Information & Communication Methods
The information you submit to us through the Buzzdiving Services, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Buzzdiving Services.
We may send you information relating to your use of the Buzzdiving Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Age Eligibility and Legal Capacity
the Buzzdiving Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Buzzdiving Services or provide information to us.
By accessing or using the Buzzdiving Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Buzzdiving Services; if your parent or guardian do not agree with the Agreement as applied to you, then you are not authorized to access or use the Buzzdiving Services.
- Username, Password and Other Credentials
You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Buzzdiving Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Buzzdiving of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
- Intellectual and Other Proprietary Rights
Your access and use of the Buzzdiving Services and Content is for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:
• the Buzzdiving Services include Content that is derived in whole or in part from content or materials supplied and owned by Buzzdiving, Buzzdiving’s licensors or third parties. As between Buzzdiving and you, Buzzdiving owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Buzzdiving Services and Content except, if applicable, with respect to your User Content (as defined below).
• You acknowledge Buzzdiving’s valid intellectual and proprietary property rights in the Buzzdiving Services and Content and that your use of the Buzzdiving Services is limited to accessing, viewing and downloading of the Buzzdiving Services and Content, as authorized by Buzzdiving. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Buzzdiving Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
• You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Buzzdiving Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Buzzdiving Services or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Buzzdiving Services (including any code used in any software) or Content.
• You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Buzzdiving Services or Content unless expressly permitted by Buzzdiving in writing. You may not incorporate the Buzzdiving Services or Content into, or stream or retransmit the Buzzdiving Services or Content via, any hardware or software application or make the Buzzdiving Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Buzzdiving Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Buzzdiving Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Buzzdiving Services or its servers and infrastructures.
• You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Buzzdiving Services (including any code used in any software) or Content, whether or not for profit.
• To the extent we make the Buzzdiving Services or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
• You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Buzzdiving Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
Any future release, update, or other addition to functionality of the Buzzdiving Services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Buzzdiving Services content or materials must be retained on all copies thereof. Modification or use of the Buzzdiving Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
If you provide Buzzdiving any feedback or suggestions for improving or regarding your use of the Buzzdiving Services (“Feedback”), you hereby assign to Buzzdiving all rights in the Feedback and agree that Buzzdiving shall have the right to use such Feedback and related information in any manner it deems appropriate. Buzzdiving will treat any Feedback you provide to Buzzdiving as non-confidential and non-proprietary. You agree that you will not submit to Buzzdiving any information or ideas that you consider to be confidential or proprietary.
- User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Buzzdiving Services (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Buzzdiving. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Buzzdiving be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to Buzzdiving an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Buzzdiving Services are solely between you and such user. You agree that Buzzdiving will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Buzzdiving Services, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and Buzzdiving has no obligation to monitor or delete any such User Content. Buzzdiving may remove or modify any User Content without notice or liability at any time in Buzzdiving’s sole discretion.
- User Submissions
You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user generated submission, and may use your name and any stories you provide us in articles or other features published on the Buzzdiving Services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Buzzdiving can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Buzzdiving Services or our publications, advertising or sponsored content.
From time to time, the Buzzdiving Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Buzzdiving Services.
If we become aware of a user’s violation of this Agreement, including the rights of any third party, we may take certain remedial steps, including refusing access to the Buzzdiving Services to any person or entity and change eligibility requirements at any time.
If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Buzzdiving Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Buzzdiving Services (including any user account, registration or membership), legal action and/or reporting you to law enforcement authorities. If Buzzdiving elects to modify User Content, Buzzdiving nonetheless assumes no responsibility for the User Content.
Buzzdiving reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings or emails you make on or send through the Buzzdiving Services. Buzzdiving may seek to gather information from the user who is suspected of violating this Agreement and from any other user. Buzzdiving may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Buzzdiving believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Buzzdiving may cooperate with law enforcement authorities or court order requesting or directing Buzzdiving to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS Buzzdiving (and its affiliates and its and their officers, directors, employees, contractors, and agents) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Buzzdiving (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER Buzzdiving OR LAW ENFORCEMENT AUTHORITIES.
10. Your Conduct and Responsible Use of the Buzzdiving Services
Please act responsibly when using the Buzzdiving Services. The following rules are a condition of your access to or use of the Buzzdiving Services and Content:
• No Criminal or Unlawful Conduct. You may only use the Buzzdiving Services and Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
• Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.
• Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third party claims that User Content, material or information you have posted on or contributed to the Buzzdiving Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material or information publicly posted or privately transmitted on or through the Buzzdiving Services are the sole responsibility of the sender, not Buzzdiving, and that you are responsible for all User Content, material or information you upload, publicly post or otherwise transmit to or through the Buzzdiving Services. If we become aware that any of our users has infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to our Buzzdiving Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
• No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other users of the Buzzdiving Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Buzzdiving Services by any other user or third party, including placing malware on the Buzzdiving Services.
• No Bullying, Impersonation or Interference. You may not use the Buzzdiving Services to threaten, abuse, harass, or invade the privacy of any other user or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Buzzdiving or with any other person or entity. You may not restrict, inhibit or interfere with any other user or third party from using or enjoying the Buzzdiving Services.
• No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Buzzdiving Services, any other online services, or to obtain unauthorized access to the Buzzdiving Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Buzzdiving Services.
• No Violations of Security Systems. You are prohibited from using the Buzzdiving Services to compromise the security or tamper with, or gain unauthorized access to, the Buzzdiving Services, Content, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Buzzdiving reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Buzzdiving Services or seeking other legal or equitable remedies, once we become aware of any violation of this Agreement.
- Availability of and Modification to the Buzzdiving Services and Content
We do not guarantee that the Buzzdiving Services or any Content will be made available through the Buzzdiving Services. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Buzzdiving Services, Content or any part, feature or service of the Buzzdiving Services at any time with or without notice to you. You agree that Buzzdiving will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Buzzdiving Services, Content or any part thereof.
If you have a dispute with one or more users of the Buzzdiving Services (including merchants), you release Buzzdiving (and its affiliates and its and their officers, directors, employees, contractors and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold Buzzdiving (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Buzzdiving Services or Content, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Buzzdiving reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Buzzdiving. Buzzdiving will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
the Buzzdiving Services ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT the Buzzdiving Services: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. Buzzdiving ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. Buzzdiving DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON the Buzzdiving Services or any online services linked to the Buzzdiving Services in terms of their correctness, accuracy, reliability, or otherwise. UNDER NO CIRCUMSTANCES SHALL Buzzdiving BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF the Buzzdiving Services, ANY CONTENT POSTED ON OR THROUGH the Buzzdiving Services, OR CONDUCT OF ANY USERS OF the Buzzdiving Services, WHETHER ONLINE OR OFFLINE. YOU USE the Buzzdiving Services AT YOUR OWN RISK. SOME AREAS OF OUR Buzzdiving Services OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH Buzzdiving OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. Buzzdiving CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Buzzdiving Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL WE (AND OUR affiliates and OUR and their officers, directors, employees, contractors and agents ) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, the Buzzdiving Services INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Buzzdiving IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- Third Party Services and Ads
the Buzzdiving Services might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Buzzdiving and Buzzdiving is not responsible for any Third-Party Services and Ads. Buzzdiving provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
- Third Party Affiliate Marketing
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Buzzdiving Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
- Entire Agreement
This Agreement (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Buzzdiving services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Changes to this Agreement
We may revise, prospectively, this Agreement by posting an updated version on the Buzzdiving services. You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Buzzdiving services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Buzzdiving services will be deemed as irrevocable acceptance of any revisions.
- Governing Law
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
- Notice to California Users
Under California Civil Code Section 1789.3, California users of the Buzzdiving services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- Copyright/Trademark Information
Copyright © 2021, Buzzdiving Magazine, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Buzzdiving services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Us.
If you have any questions about this Agreement, you may contact us by email at [email protected]