You warrant to be fully and wholly bound by the related terms and relevant laws in your own free and voluntary will and deed and that you fully understand and acknowledge the contents, meaning, implications, and effects of these Terms. You warrant that you would not use or access our Services if you had any claim or reservation against any matter in these Terms. You undertake to periodically visit these Terms for updates. You agree to be bound by these Terms and its subsequent updates, revisions or modifications. You firmly undertake that we will not be liable for the effects, results, function, use or reliability of any of the Services.
You agree to be bound by the General Terms and the related terms, whether you are a ‘visitor’ (which means that you simply browse or use the Platforms, including through a mobile device, or otherwise use the Services without being registered) or you are a ‘member’ (which means that you have registered with Buzzin). The term ‘user’ or ‘you’ refers to a visitor or a member. A member can either be a Business, an Influencer, or both.
You are only authorized to access the Platform or use the Services including materials and services contained on the Platform (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement.
A. Service Agreement
- Service Provided.
- Buzzin will provide the following (the “Services”):
- Maintain a site accessible via the Buzzin website or the mobile application where users can either:
- register as Businesses/brands in order to look for bloggers, influencers, or writers, who can provide editorial and/or content work; and/or
- register as an Influencer in order to respond to the editorial and/or content needs and requirements of Businesses/brands.
- Provide access to related customer support services.
- The user may use the Services in the capacity as a Business, Influencer. or both, or as a visitor. The General Terms and related terms will apply the use of the services in any of those capacities.
- User interactions with other users are solely between such users and Buzzin will not be responsible for any loss or damage incurred as the result of any such interactions. Should there be a dispute between the users, Buzzin is under no obligation to intervene.
- The user hereby releases Buzzin, Blogapalooza, Inc., including its officers, employees, agents, successors, and assigns from, and hereby waive and release, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions of the user with, or act or omission of the user in relation to other users.
- Restrictions and Code of Conduct
- Users agree not to use the Platform or Services to:
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform or Services or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Platform or Services, other computer systems or networks connected to or used together with the Platform or Services, through password mining or other means;
- harass or interfere with another user’s use and enjoyment of the Platform or Services;
- introduce software or automated agents or scripts to the Platform or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Platform or Services;
- impersonate any person or entity or falsify or misrepresent the user or the user’s affiliation with any person or entity; or
- display, mirror, or frame the site.
- For Businesses
- The Businesses will ensure that their goods and services, the offer, and subsequent sale thereof, complies with applicable Law and regulation, and does not contain any sexually explicit defamatory, or obscene materials;
- The Businesses hereby undertakes and represents that (1) it has obtained or shall obtain all necessary licenses, permits, or approvals required for the offer and sale of the goods and services; and (2) it is the owner or has lawful rights with respect to intellectual party relating to the goods and services;
- The Businesses shall not offer or sell the following goods and services. The list below is not an exhaustive list of items that may not be allowed for sale:
- Weapons (including firearms, air rifle/air soft guns, pointed and sharp objects and similar and related goods), hazardous substances, explosives, and products that violate the prevailing Law.
- Synthetic and prohibited drugs;
- Black market, counterfeit, and imitated goods;
- Pirated goods or copies of original goods;
- Goods containing profane, obscene, vulgar, or sexually explicit labels;
- Multi-level marketing / Networking;
- Money games;
- Goods that require registration with Government agencies, without said goods being registered;
- Devices used in gambling; and
- Protected flora and fauna.
- For Influencers:
- The Influencers will ensure that Content Material does not contain, promote or advocate pornographic, hate, violence, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, libelous, gambling, illegal drugs, or arms trafficking content; (b) its Content Material does not encourage any activity that (i) would be considered a criminal offense or could give rise to civil liability, or violates any applicable law, regulation or order of any court or tribunal including, but not limited to, collecting, using or disclosing personal information in violation of applicable law, including without limitation personal information of minors
- The Influencers will ensure that Content Material does not contain infringed material.
- Buzzin reserves the right, but has no obligation, to review any user content, investigate, and/or take appropriate action against the user in its sole discretion if the user violates any other provision of this General Terms, or the related terms or otherwise create liability for Buzzin or any other person. Such actions include but are not limited to removing or modifying user content, suspending or terminating accounts, or reporting user to law enforcement authorities.
- Users agree to indemnify and hold Buzzin including its officers, employees, agents, successors, and assigns harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of the following:
- use of the Platform or Services;
- user content (any and all information and content that a user submits to, or uses with, the Platform or Services).
- interaction with any other user; or
- violation of the General Terms or related terms or any applicable laws, rules and regulations.
- Buzzin reserves the right, at the user’s expense, to assume the exclusive defense and control of any matter for which the user is required to indemnify Buzzin. Further, user agrees to cooperate with our defence of these claims. User also agrees not to settle any matter without the prior written consent of Buzzin.
- Third Party Sites & Advertisements
- The Platform might contain links to third party websites, services, and advertisements for third parties (collectively, ‘Third Party Sites & Ads’). Such Third Party Sites & Ads are not under the control of Buzzin and Buzzin is not responsible for any Third Party Sites & Ads. Buzzin provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. The user may access all Third Party Sites & Ads at the user’s own risk. When the user links to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. The user should make whatever investigation the user feels necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
B. IP Policy
- Users acknowledges and agrees that the materials on the Platform, other than the user content, are owned by or licensed to Buzzin, and are subject to copyright and other intellectual property rights under Philippine laws, foreign laws and international treaties or conventions. In connection with the Services, Buzzin may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to Buzzin. The user shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant the user any right in relation to such trademarks.
- Materials on the Platform are provided to the user as is for the user’s information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- Buzzin reserves all rights not expressly granted herein to the Platform or Services. The user agrees to not engage in the use, copying, or distribution of any of the materials other than as expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through the Platform for any commercial purposes.
- If the user downloads or prints a copy of the materials for personal use, the user must retain all copyright and other proprietary notices contained therein. The user agrees not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the platform or the materials therein.
- The Platform or Services is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. The user further agrees not to reproduce, duplicate or copy content or materials from the Platform or Services, and agree to abide by any and all copyright notices and other notices displayed on the Platform or Services.
- User consent
- Information Collected
- The information Buzzin collects depends on whether the data subject is a visitor or a member of the site or Services.
- Should the data subject be a visitor, Buzzin collects information which may include the following:
- Log information, such as information on how data subjects use the Services (e.g. time or duration of use), browser cookies, web beacons;
- Information, such as IP address, operating system version, device settings, hardware model, device identifiers, and Subscriber Identity Module (SIM) number for some mobile devices, if available.
- Should the data subject be a member, aside from the information above, the member also provides Buzzin with the user’s name, gender, birthdate, age, mobile number, and email address. These pieces of information are required, to serve as the point of contact with the members, and must be indicated in the registration forms and profile update forms.
- To maintain the accuracy of members’ personal information, members may access this at any time and change any inaccuracies they may find by updating their profile. Members also have the option to delete their information from the database by updating their profile or sending a support ticket to deactivate their account.? Upon such change or request from a member, Buzzin shall notify third parties who have previously received or processed such information.
- Use of Personal Information
- All information that’s provided to Buzzin, including information posted in the Platform, may be collected and processed internally, or by authorized third parties. Also, by using the Platform or Services, the user consents to the collection, transfer, processing and storage of information collected whether done within or outside of the Philippines.
- Subject to applicable law, Buzzin may share, preserve, transfer, and disclose the information collected, to the following:
- Service providers that help Buzzin provide services, to the extent needed to perform their duties and their functions;
- Government authorities, in response to a legal request if Buzzin has a good faith belief that it are required to do so under the law.
- Purchasers or potential purchasers of the rights and obligations relating to the services provided. In this case, all information collected are deemed assets that may be transferred to such third parties.
- Retention and Security
- Buzzin endeavours to protect personal information by using secure servers. Sufficient physical and technical methods and procedures are employed to safeguard and secure the information from unauthorized or unlawful processing.
- Stored data will be deleted by Buzzin upon expiration of the statutory or contractual filing period or if Buzzin no longer requires the same. At any time, the user may ask for the deletion of his or her data subject to the requirements provided by law. The user is also entitled at any time to revoke his or her consent to the use or processing of your person data with future effect.
- Buzzin has no control over third-party advertising companies that serve ads. While Buzzin will not provide them the user’s name, address, email address, or telephone number, Buzzin does not control their collection of information.
- Privacy Mechanism
D. Amendment or Modification
- This General Terms and the related terms may be changed or modified at any time, effective immediately upon publishing on the Buzzin website. The user’s use and access of the Platform after the modification or change shall mean that the user consents and agree to be bound by the same. If at any time, the terms and conditions of this General Terms or the related terms are no longer acceptable to the user, the user should immediately cease using and accessing the Buzzin Services and platform.
- These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the user, but may be assigned by Buzzin without restriction. Any assignment or transfer by the user shall be null and void.
- This General Terms and the related terms constitute the complete and exclusive understanding and agreement between the user and Buzzin and govern the use of the Platform or Services superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
- Any dispute or difference between the user and Buzzin relating to the former’s rights or obligations under these General Terms, or the related terms, shall first be referred for amicable resolution between the parties. If the parties are unable to resolve the matter amicably within a period of ten (10) business days, then either party may submit the dispute for arbitration. The arbitration proceedings shall be conducted before and in accordance with the rules of procedure for arbitration of the Philippine Dispute Resolution Center, Inc. Each Party shall appoint one arbitrator. The arbitrators thus appointed shall select a third arbitrator who shall act as the presiding arbitrator of the tribunal or panel. You agree that this arbitration clause is an explicit waiver of immunity against validity and enforcement of the award or any judgment thereon made pursuant thereto and that such award or judgment thereon, if unsatisfied, shall be enforceable in any court having jurisdiction in accordance with its laws against any Party participating in the arbitration.
- This General terms, the related terms, and the relationship between the user and Buzzin shall be governed by the laws of the Philippines without regard to conflict of law provisions. The user further agrees to the personal jurisdiction by and venue of the Philippines. Any claim the user may have against Buzzin must be submitted to the exclusive jurisdiction the courts of Quezon City, Philippines.
- The failure of Buzzin to exercise or enforce any right or provision of this General Terms, and the related terms shall not constitute a waiver of such right or provision.
- If any provision of this General Terms and the related terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of this General Terms, and the related terms, is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this General Terms, and the related terms shall not in any way be affected or be impaired.