Terms of Service
Effective date: December 05th, 2016.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
In order to use our Service, you must meet a number of conditions, including but not limited to:
5. Your Rights
You retain your rights to any content you submit, post or display on or through the Services. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Vuzz also gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the services. This license is for the sole purpose of letting you to use and enjoy the services benefits in a way that these terms are preserved.
By submitting, posting or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, sell, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
You agree that you are responsible for your own content and the consequences of submitting and publishing your content on the service. You further agree that content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Vuzz all of the license rights granted herein. Vuzz will not be responsible or liable for any use of your Content by Vuzz in accordance with these Terms.
6. Our Rights
All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Vuzz and its licensors. Nothing in the Terms gives you a right to use Vuzz name or any of Vuzz trademarks, logos, domain names, and other distinctive brand features. You agree not to copy, modify, distribute, sell, display, disseminate, or otherwise reproduce any part of our services, nor may you reverse engineer or attempt to extract the source code of that software, without receiving our prior written permission.
7. Nature of Service
Although we believe that Vuzz is a useful marketing platform for many purposes, we can make no warranties regarding your specific use of our Service. You release Vuzz from any liability regarding the use of our Service.
8. Content on the Service
You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. We may not monitor or control the content posted via the Services and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.
You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Vuzz be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Vuzz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vuzz with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Vuzz, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through Vuzz Services.
9. Account Security
You are solely responsible for any activity that occurs on your account. Thus it’s important you maintain the security for your account. By using the services, you agree that:
10. Community Guidelines
Please review the Community Guidelines, which are part of these terms, to understand and keep our services safe for all users. We reserve the right at all times, but will not have an obligation, to remove or refuse to distribute any content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, listen, preserve, and disclose any information as we reasonably believe is necessary.
11. Copyright Policy
Vuzz respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please fill out the Copyright form under Contact Us section. You might be requested to provide us with more information after submitting the claim.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Vuzz will also terminate a user’s account if the user is determined to be a repeat infringer.
12. Terms Termination
We are working hard in improving our Services to satisfy all and that might lead to suspend or stop the services at any time and we may not provide you with any notice beforehand.
The Terms will continue to apply until terminated by either you or Vuzz. You may end these terms with Vuzz at any time for any reason by deleting your account. Vuzz may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Vuzz complies with Kuwait defamation law, including but not limited to Law No (3) for the Year 2006, On Press and Publications. Users must not violate this law. If any publication on our Site is believed to violate the laws of Kuwait, you must report such a publication to us at email@example.com.
14. Limitation of Liability & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU. SO BY USING THE SERVICE, YOU RELIEVE VUZZ AND DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARGES. YOU ARE RESPONSIBLE FOR ANY CREDIT CARD OR BANK FEES, AS WELL AS ANY FEES FOR DATA OR OTHER CHARGES INCURRED THROUGH YOUR MOBILE CARRIER.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
FOR JURISDICTIONS THAT DO NOT ALLOW US TO LIMIT OUR LIABILITY: NOTWITHSTANDING ANY PROVISION OF THESE TERMS, IF YOUR JURISDICTION HAS PROVISIONS SPECIFIC TO WAIVER OR LIABILITY THAT CONFLICT WITH THE ABOVE THEN OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, 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 HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained in it. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
16. Choice of Law
This Agreement shall be governed by the laws in force in the State of Kuwait. The offer and acceptance of this contract are deemed to have occurred in the State of Kuwait.
17. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Kuwait. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest court of competent jurisdiction having the authority to hear such dispute (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
18. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Vuzz shall have the sole right to elect which provision remains in force.
Vuzz reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
21. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
22. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Vuzz must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most recent contact information, please contact firstname.lastname@example.org.
Lastly, California users are also 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 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This document may be amended from time to time. You agree to read this page each time you use our Service, and your continued use of our Service constitutes your acceptance of any such amendments.
You will not buy, sell, rent, or lease access to your Vuzz account without our written permission.
You will not transfer your account to anyone without first getting our written permission.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. Vuzz must be notified immediately when any breach of security or unauthorized use of your account occurs.
You will not create more than one personal account.
You will not provide any false personal information on Vuzz, or create an account for anyone other than yourself without permission. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
You must provide us with your personal information and other information that we deem necessary to provide you with our Service.
You must not have previously created any other profile with Vuzz unless we have authorized you to have multiple accounts.
You must not be in violation of any embargoes, export controls, or other laws of the State of Kuwait or other countries having jurisdiction over this Agreement, Vuzz, and yourself.
You must be at the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 13 years of age.
You can form a binding contact with Vuzz.
“Our”, “us” or “we” refers to Vuzz team.
“You” refers to you, the person who is entering into this Agreement with Vuzz.
“Vuzz” refers to our eponymous business entity, “Vuzz”; our Site; our Service; or a combination of all or some of the preceding terms, depending on the context of the word “Service” refers to the services that we provide through our Site, including our broadcasting and our Site itself; “Site” refers to our website, www.vuzzapp.com “User” refers to paid and unpaid users of Vuzz, as well as registered and unregistered users of Vuzz, and for greater certainty, without limiting the generality of the foregoing, includes general visitors to Vuzz’s Site.
“Service” or “Services” refers to the services that we provide through our site and mobile app.