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Buzzle.com Preferred Submission is a fee-based service
owned and operated by Buzzle.com, Inc. ("Buzzle.com"), which provides
guaranteed and expedited consideration of the applicant's Web site for
inclusion in Buzzle.com's Chapters, located at www.buzzle.com (the
"Chapters"). The Buzzle.com Preferred Submission
Service (also referred to herein as the "Service") is provided to you the
applicant ("Applicant") pursuant to the terms and conditions set forth in this
Buzzle.com Preferred Submission services Agreement (the "Agreement"). These
terms and conditions of use may be changed in the future without further
notice. BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "SUBMIT MEMBERSHIP FORM"
BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER; THAT
YOU HAVE AND AGREE TO PROVIDE TRUE, COMPLETE, CURRENT AND ACCURATE INFORMATION
AS PROMPTED BY THE REGISTRATION FORM; THAT, TO THE BEST OF YOUR KNOWLEDGE, THE
SITE SUBMITTED IS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS; AND
THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT. In consideration of your payment and participation in the
Buzzle.com Preferred Submission service, in accordance with this Agreement,
Buzzle.com agrees that a member of Buzzle.com's editorial staff will review
your site for inclusion in the Chapters, and respond to you within the time
period advertised starting from the date that Buzzle.com received on its mail
servers your completed application for site submission through the Service
(excluding weekends and holidays observed by Buzzle.com and any delays due to
problems with or processing of your applications). Buzzle.com will advise
Applicant by email whether the Applicant's site has been accepted or declined.
Buzzle.com does not guarantee that your site will be included in the Chapters.
Buzzle.com reserves the right in its sole discretion to determine the sites
selected for inclusion in the Chapters and to remove a site at any time. The
reach of Buzzle.com's Network may vary from time to time depending on many
factors including, but not limited to Buzzle.com's business relationship with
its network affiliates. Your web site listing(s) may not appear in some of the
Buzzle.com Network partners' search results for various reasons, depending on
the agreement between Buzzle.com and each partner or other factors.
Applicant acknowledges and agrees that nothing in this Agreement or the Service
obligates Buzzle.com to list, link or otherwise accept Applicant's site in the
Chapters or anywhere on www.buzzle.com or to provide priority placement for
Applicant's site; and if Applicant's site is accepted for inclusion in the
Chapters it will be placed in the manner determined by Buzzle.com.
Additionally, if Applicant's site is accepted for inclusion in the Chapters,
Buzzle.com reserves the right in its sole discretion to determine Applicant's
listing's title, review and categorization, and Buzzle.com editors retain
control over the content and wording of all site reviews. Buzzle.com also
reserves the right, in its sole discretion, to remove your site from the
Chapters, move the listing to a different category or subcategory, and change
or remove any keywords, comments or annotations at any time, for any reason.
Customer acknowledges and agrees that Buzzle.com may, at its sole discretion,
(i) place affiliate tracking codes on Customer's listing and (ii) participate
in all affiliate programs with respect to Customer's web site(s) (subject to
Buzzle.com's compliance with Customer's affiliate program general rules).
The applicant must remit the relevant fee for each Web page
submitted. Applicant shall submit a valid credit card number as part of the
registration form. You agree that your credit card will be charged the current
fee for the Service as soon as you click on the "Process My Order" button
on the order form. Due to the time-sensitive nature of the Submit review
process, once you have clicked the "Process My Order" button,
having agreed to the Submission Guidelines and these Terms of Service, you are
not eligible for a refund. Applicant hereby expressly agrees to pay to
Buzzle.com the fee for the Service if the Applicant's site is accepted or
denied for inclusion in the Chapters. Applicant acknowledges that he or she
will be charged and hereby expressly agrees to pay to Buzzle.com the current
fee for the Service if Applicant submits through the Service a site that
already exists in the Chapters or submits a change request through the Service.
Under these terms, sites rejected by our editors and cancelled orders will not
receive a refund. All fees are payable in US dollars. In addition to any other criteria, which Buzzle.com in its sole
discretion may consider before accepting or declining a Web site, each site
submitted for inclusion in the Chapters through the Service must meet the
following MINIMUM criteria:
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Your site must be in English.
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Your site should have original content.
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Your site cannot contain pornography, pornographic or adult advertising,
erotica or adult-only content, gratuitous or graphic violence, material that
infringes on or violates someone's rights, or material that
promotes/disseminates illegal activities.
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You are solely responsible for ensuring that the content and activities on your
site are in compliance with all applicable laws and regulations. To the extent
that pharmaceuticals and/or medical devices may be offered or promoted on your
site, you certify that you are a licensed health care provider or other entity
authorized to prescribe, distribute or otherwise deal in such products in the
jurisdictions in which they are sold.
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Your site must contain sufficient pages and recognizable content.
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Your site must be up and running seven days a week and 24 hours a day.
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Your site should not be under construction, and all links must be working.
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Your site must be quick to load.
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Your site cannot mirror or redirect to another Web site.
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Sites already in the Chapters will have their content re-evaluated, but will
not be added a second time unless they are being submitted to a different
Chapter than where they appear already. Please read our FAQ
for further clarification.
Integration. This Agreement sets forth the entire
agreement of the parties with respect to the Service and supersedes all
previous communications, representations, understandings and agreements, either
oral or written, between the parties with respect to the Service. Force
Majeure. Neither party will incur any liability to the other party on
account of any loss or damage resulting from any delay or failure to perform
all or any part of this Agreement if such delay or failure is caused, in whole
or in part, by events, occurrences or causes beyond its reasonable control. Data
Usage. Applicant acknowledges and agrees that Buzzle.com may use the
information about Applicant on its servers and any registration information
submitted by Applicant in aggregate form for research and product development,
marketing, or other promotional purposes. Applicant hereby agrees that
Buzzle.com has the right (but not the obligation) to disclose any such
information if Buzzle.com believes such disclosure is needed to comply with the
law or legal process or to protect the rights and interests of Buzzle.com or
others, including to enforce this Agreement. Notices. Any notice
required or permitted under the terms of this Agreement or required by law
shall be by electronic mail or in writing and shall be deemed delivered upon
receipt to the party to whom such communication is directed, at the addresses
specified below. If to Buzzle.com, the email notice shall be sent by completing the Preferred Submissions contact form by clicking here, and the written notice to Buzzle.com Preferred Submission, 575 Anton Blvd. Suite 300, Costa Mesa, CA 92626, USA. If to
Applicant, the notices shall be addressed to the electronic or mailing address
specified in Applicant's Service registration form. Indemnity.
Applicant agrees to indemnify, defend and hold harmless Buzzle.com, and its
partners, subsidiaries, affiliates, officers, directors, shareholders,
employees and agents, from any claim or demand, including reasonable attorney's
fees, arising from any third-party claim, demand, action or proceeding, if
resulting from or arising out of any alleged violation of this Agreement or any
alleged violation of any rights of others or resulting from or arising out of
the Service or Applicant's use thereof or listing therein or the acceptance or
rejection of the site submitted by Applicant. Buzzle.com has the right (but not
the obligation), at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by Applicant, which shall not
otherwise excuse Applicant's indemnity obligations. Disclaimer and
Limitation on Liability. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. BUZZLE.COM MAKES NO WARRANTY EXPRESS OR IMPLIED THAT THE
SERVICE WILL BE UNINTERRUPTED, UNDISRUPTED OR ERROR FREE. NEITHER
BUZZLE.COM, ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES OR
LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS
OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT IN ANY WAY RESULT FROM ANY
ASPECT OF THE SERVICE, INCLUDING WITHOUT LIMITATION, APPLICANT'S USE OF OR
INABILITY TO USE THE SERVICE OR ACCEPTANCE, REJECTION OR REMOVAL OF APPLICANT'S
SUGGESTED SITE, EVEN IF BUZZLE.COM IS AWARE OF THE RISK OF SUCH DAMAGES. IN NO
EVENT SHALL BUZZLE.COM'S LIABILITY TO APPLICANT EXCEED THE AMOUNT ACTUALLY PAID
BY APPLICANT TO BUZZLE.COM UNDER THIS AGREEMENT. SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF
CERTAIN OF THE ABOVE WARRANTIES OR LIABILITIES. Governing Law. THIS
AGREEMENT AND THE PARTIES' RELATIONSHIP WILL BE INTERPRETED AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF
AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, APPLICABLE TO CONTRACTS
ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF CALIFORNIA (WITHOUT
GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES UNDER CALIFORNIA LAW). THE
VENUE FOR ANY ACTION, SUIT OR PROCEEDING ARISING FROM OR BASED UPON THIS
AGREEMENT OR ANY ASPECT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION,
APPLICANT'S USE OF OR INABILITY TO USE THE SERVICE OR ACCEPTANCE, REJECTION OR
REMOVAL OF APPLICANT'S SUGGESTED SITE, SHALL BE THE APPROPRIATE STATE AND
FEDERAL COURTS LOCATED IN THE CITY OF SANTA ANA IN THE STATE OF CALIFORNIA.
ACCORDINGLY, APPLICANT AND BUZZLE.COM AGREE THAT ANY ACTION, SUIT OR PROCEEDING
ARISING FROM OR BASED UPON THIS AGREEMENT SHALL BE COMMENCED IN AND DETERMINED
BY THOSE APPROPRIATE STATES AND FEDERAL COURTS LOCATED IN THE CITY OF SANTA ANA
IN THE STATE OF CALIFORNIA. IN CONNECTION WITH THE FOREGOING, APPLICANT AND
BUZZLE.COM EACH AGREE TO SUBMIT TO AND BE BOUND BY THE JURISDICTION OF THE
APPROPRIATE STATE AND FEDERAL COURTS LOCATED IN THE CITY OF SANTA ANA IN THE
STATE OF CALIFORNIA. Severability. If any term, condition or
provision in this Agreement is found to be invalid, unlawful or unenforceable
to any extent, such invalid term, condition or provision will be severed from
the remaining terms, conditions and provisions, which will continue to be valid
and enforceable to the fullest extent permitted by law. Applicant agrees that
no action related to this Agreement or the Service or Applicant's listing in
the Chapters may be brought more than one year after delivery of the Service
giving rise to such cause of action. Section Titles. The section
titles in the Agreement are for convenience only and shall have no effect on
the interpretation of any part or provision regardless of the title heading
under which the part of provision is allocated.
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