This Agreement was shall be effective from [date].
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of this Agreement or any changes to this Agreement, do not use or access (or continue to access) the Service or discontinue immediately any use of the Service.
Introduction to BuzzzMedia
BuzzzMedia is run by RINKOO BHOWMIK, a journalist, designer, entrepreneur and award-winning playwright.
BuzzzMedia is engaged in the business of implementing a project to revive two iconic neighbourhoods of Kolkata – College Street and Chinatown and other revival projects and in connection thereto is in the process of, inter alia, conducting a campaign to raise funds (the Campaign).
You understand and acknowledge that you may be exposed to Member Content that may be inaccurate, offensive, indecent, or objectionable. Member Content should not be viewed as being an endorsement or opinion shared by BuzzzMedia. You agree that BuzzzMedia is not liable for any damages or losses resulting from such Member Content.
“Member Content” means the content you or other Users provide while using the Services. “Intellectual Property Rights” mean all worldwide rights in patents, trademarks, service marks, copyrights, trade secrets, publicity, goodwill and all other intellectual property rights as may now exist or hereafter come into existence, and all derivatives, applications therefore and registrations, renewals and extensions thereof.
Users of Our Service and Members
“Users” mean visitors to theCHAproject.com, whether registered or not. If you want to post, contribute or comment, you must register with BuzzzMedia to become a member (Member). When implemented, you will be able to Contribute as a Member. As a Member, you only need to:
1. Provide us with your email address so we can send you an acknowledgement or receipt for your Contribution and
2. Agree to comply with this Agreement as a Member.
You may use our Services if:
1. You are 18 years or older or between the ages of 13 and 17 and using the website and Services with parental or legal guardian consent and supervision.
2. Your membership or use has not otherwise been restricted, suspended or terminated.
3. You are not using another Member’s account without her/his permission
Becoming a Member
It is easy to become a Member by following the steps on our website. Accurate and complete information is required when creating your account and setting up and managing your Member Profile. Use your Settings to control your Member Profile and to manage how other Members communicate with you.
You will be providing BuzzzMedia with your email address when you become a Member. By doing so, you consent to our using the email address to send you any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Service, special offers and marketing, sales and promotional materials.
Once you become a Member, you are solely responsible for the activity that occurs on your account and for keeping your account password secure. You must notify BuzzzMedia immediately of any breach of security or unauthorized use of your account.
You alone are liable and responsible for all losses or damages caused by any unauthorized use of your account regardless of the reason or cause of the loss or damage – and not BuzzzMedia.
General Rules of Use
As a condition of your use of the Service as a User or Member, you promise to:
- Use the Service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the website and Services.
- Use the Service so as not to damage, disable, overburden or impair the Service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the Service.
- Ensure you own or have a legal right to use the Member Content with the Service and do not otherwise infringe the Intellectual Property Rights of others
You will not use the Service:
1. To offer, sell or distribute any products whatsoever on our website
2. Bully, harass, post obscene or pornographic items, sexually oriented or explicit materials or services
3. Items infringing or violating others’ Intellectual Property Rights, privacy rights or proprietary rights or wrongfully disclosing confidential information
4. To engage in, or encourage, promote, facilitate or instruct others to engage in, activities which are illegal or, in our judgment and discretion, result in:
a. Promoting terrorism, abuse, libel, hate, personal injury, property damage, violence, racial intolerance or financial exploitation
b. Causing risk of or actual personal injury or tangible or intangible property damage
c. Defamation, slander and/or libel in any form whatsoever
d. Any event involving chance
e. Unauthorized self-promotion
f. Harvest information
g. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure or otherwise may be disruptive including but not limited to “flooding” any group with posts
h. Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment
i. SPAM or use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the BuzzzMedia servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
j. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfere with the proper working of the Service or bypass measures to prevent or restrict access to the Service
k. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity
l. Make any false or misleading post
m. Hold yourself out to represent BuzzzMedia
As far as Member Content is concerned, you agree that we are only acting as a passive conduit for your online distribution and publication of Member Content without any obligation to monitor Member Content or disputes between Users or Members. You are responsible for protecting yourself from Member Content or BuzzzMedia Content which is offensive or harmful.
Notwithstanding the foregoing, you acknowledge and agree that BuzzzMedia may, but is not obligated, in its sole discretion and judgment, to:
1. verify your use at any time as a User or Member
2. permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to or use of the Service or your account(s) or to remove any Member Content, posts or other content or block any individual or entity for any reason (or no reason at all)
3. delay or withhold the payment of or reverse or refund any Contributions or other amounts
Upon termination for any reason, you continue to be bound by this Agreement.
You agree to use or comply with such intellectual property law procedures described in your place of residence or such jurisdiction from where you are accessing our website for any claims of infringement of any Intellectual Property Right.
The above rules, terms and conditions are representative and not exhaustive, they are inclusive and without limitation. BuzzzMedia reserves the right to amend the same and you agree to be bound by the said rules, terms and conditions retrospectively.
The CHA Project is a campaign by BuzzzMedia to showcase and share certain information about the Campaign and elicit feedback and financial contributions (“Contributions”) from other Members (“Contributor/s”) by following the subsequent procedure and rules:
Representations and Promises of User
As a User, you represent and promise that:
1. All registration information you submit is truthful and accurate
2. You will maintain the accuracy of such information
3. Any payments made by you are not illegally obtained
4. You are 13 years of age or older and have, if you are not above the age of 18 years, obtained parental or legal guardian consent and supervision while making contributions
5. Your use of the website and Services do not violate this Agreement.
Your profile may be deleted and your use may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18 or have not obtained consent of your parent or guardian where required
We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our website. Should we learn that someone under the age of 13 has provided any personal information to or on any of our websites, we will remove that information as soon as possible.
Contributors and Contributing to Campaigns
BuzzzMedia may provide you the opportunity to make Contributions to any Campaign with an open Funding Request in any amount you choose. You may contribute to as many Campaigns as you like.
All Contributions are non-refundable by BuzzzMedia and are made in your sole discretion and at your sole risk based on your sole determination and evaluation of the Campaign. You are solely responsible for determining the tax deductibility of any Contribution.
Making a Contribution does not:
1. give you any rights or ownership in or to that Campaign or Contributions;
2. give you any distribution rights;
3. give you any rights to control or otherwise direct BuzzzMedia, the Service, Campaign or limit or otherwise affect Contributors or Contributions;
4. create any liability or responsibility on the part of BuzzzMedia to any Contributor or for any Contribution regardless of reason.
BuzzzMedia does not represent, warrant or guarantee the use of any Contributions or the outcome of any Campaign. It is up to you, as the Contributor, to ask such questions and undertake such due diligence as you deem necessary before you make a Contribution. BuzzzMedia may, in its sole discretion and judgment but is under no obligation to, refund Contributions
Fees & Taxes
All Contributions will be deposited in your Funding Account less our fee and statutory deductions, or such other payments already made to authorities. Different fees may apply to non-profit or discounted Campaigns. Fees may be adjusted at any time as BuzzzMedia decides in its sole judgment and discretion. Fees and statutory deductions are non-refundable.
Processing fees and other fees and charges may apply and/or be deducted from Contributions. Contributions are transferred based on the funding and payment you have selected unless being held to complete our verification process or being refunded as we deem appropriate in our sole discretion.
You are responsible to report properly, and timely pay, for all applicable taxes for all Contributions.
We may verify your identity, the use of the Contributions and the Campaign timeline before Contributions are deposited in your Campaign Account. You agree to participate in our verification process which may involve an interview and/or document review. Verification may result in a delay of Contributions being transferred or reversal and refund as BuzzzMedia determines in its sole discretion and judgment.
Discrepancies in or false or misleading statements or misrepresentations as to the Campaign or uses of Contributions may result in Contributions being refunded and/or accounts being suspended or reversed. If Contributions have been disbursed to you, you will ensure that all Contributions are refunded promptly to all Contributors without deduction for any fees paid or payable by you.
Member Content and Warranty of Non-Infringement
The Service allows you to post Campaign details and information, feedback, comments, questions, and other information. You are solely responsible for your Member Content that you upload, publish, display, link to or otherwise use or make available (collectively referred to as post) on the Service.
You represent and warrant:
1. You are the owner of (or have all the rights and permission required to use) all the Intellectual Property Rights as defined under “Member Content” you post or as reasonably contemplated by BuzzzMedia’s use of such Member Content and have the written consent of each and every identifiable natural person in the Member Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement. Each person has released you from any liability that may arise in relation to such use.
2. The Member Content, use of the Member Content with the Services and BuzzzMedia’s use of such Member Content will not infringe any Intellectual Property Rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate this Agreement.
You understand that publishing your Member Content on the Service is not a substitute for registering it with relevant authorities related to registration of intellectual property or any other rights organization.
License Grant of Member Content
By posting any Member Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to BuzzzMedia a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content including, without limitation, your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
License Grant to Use Service and BuzzzMedia Content
You understand and acknowledge that your use of the Service (including, without limitation, BuzzzMedia’s Content) is a privilege and not a right. Subject to this Agreement, BuzzzMedia grants you a non-exclusive, limited, personal license to use the Service in accordance with this Agreement. You agree you will (and will ensure others):
1. Use the Service or BuzzzMedia Content in strict compliance with this Agreement; and
2. Not create derivative works from any BuzzzMedia Content. Use of the Service or BuzzzMedia Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Except for your Member Content and the limited right of use of the Service, BuzzzMedia retains all right, title and interest (including, without limitation, all Intellectual Property Rights) in and to the Service and all content created and used by BuzzzMedia in conjunction with the Service including, by way of example and not limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “BuzzzMedia Content”); all of which are the exclusive property of BuzzzMedia and its licensors. BuzzzMedia retains all rights not expressly granted to you.
BuzzzMedia reserves all rights not expressly granted in the Service.
BuzzzMedia may terminate this license at any time for any reason or no reason.
Use of Widgets
Notwithstanding the foregoing, we do not guarantee the confidentiality or privacy of any communication or information transmitted using the Service or any website linked to our website. We are not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by using our Service, or otherwise connected with your use of the Service.
You agree to defend, indemnify and hold harmless BuzzzMedia, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors, agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees and costs) arising from or relating to your use of the Service and BuzzzMedia Content including, without limitation, your negligence, breach of any of the representations, warranties or promises or violation of any law, regulation, ordinance, directive or court order. You remain liable for any amounts we pay in settlement of any such claim or action for indemnification as though we had proceeded with a trial.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, BUZZZMEDIA, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE BUZZZMEDIA OR MEMBER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICES OR PERKS TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
BuzzzMedia is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by our website, or otherwise connected with your use of the Service.
Limitation of Liability
Users and Members agree not to involve BuzzzMedia in any litigation that occurs due to using the Services or website. BuzzzMedia will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUZZZMEDIA (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTRIBUTIONS, PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES
OR THE COSTS OF COVER OR PROCURING SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION. ANY DAMAGES RESULTING FROM OR RELATING TO: (a) TERMINATION, (b) THE USE OF, OR INABILITY TO USE, THIS SERVICE OR BUZZZMEDIA CONTENT (INCLUDING ERRORS, MISTAKES, INACCURACIES OF OR THE INFRINGEMENT BY BUZZZMEDIA OR MEMBER CONTENT), (c) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE INCLUDING UNAUTHORIZED USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR (d) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, MEMBER OR OTHER THIRD PARTY.
IN ANY EVENT, BUZZZMEDIA SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE HUNDRED SINGAPORE DOLLARS (S$100.00) OR THE AMOUNTS YOU PAID TO BUZZZMEDIA.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BUZZZMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
1. death or personal injury caused by our negligence or that of any of its officers, employees or agents;
2. fraudulent misrepresentation or intentional misconduct; or
3. any liability which it is not lawful to exclude either now or in the future.
The Service is controlled and operated from its facilities in Singapore or such other place as BuzzzMedia may in its sole discretion decide. BuzzzMedia makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise
explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Singapore.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BuzzzMedia without restriction.
1. Termination. We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the website. Any fees paid to BuzzzMedia are non-refundable. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
2. Governing Law. You agree that: (i) the Service shall be deemed solely based in Singapore; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over BuzzzMedia, either specific or general, in jurisdictions other than Singapore. This Agreement shall be governed by the internal substantive laws of Singapore, without respect to its conflict of laws principles. Any claim or dispute between you and BuzzzMedia that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Singapore.
3. English Language. As a courtesy and convenience only, this Agreement may be translated and available in languages other than English. Notwithstanding any translation into another language, the English version of this Agreement governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
4. Notification Procedures. BuzzzMedia may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BuzzzMedia in our sole discretion. BuzzzMedia reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
5. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by BuzzzMedia via the Service, shall constitute the entire agreement between you and BuzzzMedia concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BuzzzMedia’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.