Brand Buzz LLC WEBSITE CONDITIONS OF USE
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Brand Buzz LLC AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, "THIRD PARTIES"), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NEITHER Brand Buzz LLC NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER Brand Buzz LLC NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. Brand Buzz LLC AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Brand Buzz LLC OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Brand Buzz LLC OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Brand Buzz LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILLBrand Buzz LLC BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00).
INTENDED FOR USERS OVER 13 YEARS OF AGE
LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE
Brand Buzz LLC offers articles, information, and advice through this Site for educational purposes only.
PRODUCT DISPLAY AND COLORS
This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.
ERRORS ON SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and Brand Buzz LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Brand Buzz LLC will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with the Brand Buzz LLC Return Policy.)
Online prices, offers and selection may vary between retail stores and Sites, and are subject to change. We reserve the right to limit sales, including the right to refuse sales.
If using a coupon code, it must be entered during checkout in the designated Coupon Code field to redeem the respective offer. Coupons may not be combined with other coupons or promotional offers, are limited to one per transaction, and may not be redeemed for cash, credit or refund. See other restrictions in the terms of each offer. Brand Buzz LLC reserves the right to restrict use of coupons on certain products, weight and destination fees, and expedited shipping charges. Online coupons are not valid in Brand Buzz LLC stores unless otherwise stated in the offer terms.
You agree to indemnify and hold Brand Buzz LLC and its officers, agents, employees and other partners and Third Parties harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any other third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site.
This Site is operated by Brand Buzz LLC, with offices in the United States of America. If there is any dispute regarding this Site, by using this Site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of New York, NY.
TERMINATION OF SITE USE
Brand Buzz LLC, in its sole discretion, may terminate your retail account, membership registration, or similar uses of this Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to your termination. Brand Buzz LLC reserves the right to change, suspend, or discontinue all or any aspects of this Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. Brand Buzz LLC may provide notice of termination by regular mail or email.
ADDITIONAL TERMS GOVERNING YOUR USE OF OUR COMMUNITY AND SIMILAR INTERACTIVE SERVICES SITES
Participation by Brand Buzz LLC Associates Strictly Limited Under the terms of Brand Buzz LLC's Insider Trading and Computer Usage Policies, and in particular, in light of the potential for unintentional disclosure of material nonpublic information, Brand Buzz LLC directors, officers, associates and consultants (" Brand Buzz LLC associates"), and anyone living in the same household with Brand Buzz LLC associates, are prohibited from participating in electronic chat rooms, internet discussion or message boards, or any similar forms of social and media networking, to communicate about Brand Buzz LLC or other companies with which we do business.
Participation by any Brand Buzz LLC associate in the Brand Buzz LLC Community is limited to setting up a profile and viewing the community. Interactive discussions are strictly prohibited and any violation may result in discipline, up to and including termination pursuant to Brand Buzz LLC's policies. Please see the relevant Brand Buzz LLC policies and your manager for additional guidance.
Eligibility and Registration
By registering for membership in our Brand Buzz LLC community and similar service Sites, you agree that you are at least 13 years of age at time of registration; that you are responsible for all activities occurring under your username and for keeping your password secure; and that your use of our Site does not violate our Notices and Policies. As part of the registration process, you must click to agree to our Notices and Policies, and will then be asked to select a username and password. You acknowledge that we may refuse to grant you a username that impersonates someone else, is or may be protected by proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
We may, in our sole discretion, remove any content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates.
You further agree that our Community and similar service Sites are available for personal, non-commercial use only and that you may not use our Sites for any illegal or unauthorized purpose. By using our Site, you agree to comply with all local United States and Canada rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or Canada, and that you are solely responsible for your conduct and any data, text, information, photos, links and other content that you submit, post, and display on our Sites. You warrant that such content is true and accurate, not false or misleading, and does not infringe any third party's trademark, copyright, patent or trade secret or other proprietary rights, including publicity or privacy.
Alleging Copyright Infringement
If you suspect copyright infringement on our Site, use the following instructions to let us know. We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Be sure to consult with your attorney if you suspect copyright infringement. Send us written notice by fax or regular mail. To expedite our process, please use the following format: Describe the material you believe has been infringed. For example, "The copyrighted work of concern is the picture at ___ " (include the specific Internet address or URL if applicable) and include any relevant proprietary registration information. Describe the material that you claim is infringing the work you identified in #1 above. Details are important. Tell us how to contact you (include email address). Tell us how to contact the user(s) who posted the material you believe infringes your work (include email address). State the following: "I believe, in good faith, that use of the copyrighted material described above is not authorized by the copyright owner or its authorized representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right allegedly infringed."
Be sure to sign your written notice to us. Mail your written notice to Brand Buzz LLC, 1400 Broadway, 26th Floor, New York, NY, 10018 If the person(s) who posted the original content sends us a counter notification, we will forward a copy of that notice to the person who filed the first notice and restore the material in question. To file a counter notification with us, Send us written notice by fax or regular mail. To expedite our process, please use the following format: Identify the material that Brand Buzz LLC has removed or disabled. Include the specific Internet address or URL. Tell us how to contact you. Include your name, address, telephone number, email address. State that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification to Brand Buzz LLC of the infringement or an agent of such person. State the following: "I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge and that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." Be sure to sign your written notice to us. Mail your written notice toBrand Buzz LLC 1400 Broadway, 26th Floor, New York, NY 10018.
CHANGES/UPDATES TO NOTICES AND POLICIES
Because our Site and stores will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and Brand Buzz LLC as you use our Site and supersedes all prior understandings or agreements, written or oral, in this regard. Revised March 1, 2013