buzzdoes™ End User License Agreemen



Welcome to buzzdoes™!

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BECAUSE IT FORMS A BINDING AGREEMENT.

The terms of this End User License Agreement ("Terms") govern your rights and obligations regarding the use of buzzdoesTM's Technological Platform ("buzzdoesTM"). These Terms constitute an agreement between Bow Holdings Ltd. ("Bow", "We", "Us", "Our") the proprietor of all rights in and to buzzdoesTM, and you, the person using buzzdoesTM ('You" or "Your").

You represent and warrant that You are authorized to enter into this agreement.

You understand that by agreeing to these Terms, You are agreeing to be bound by the Terms that bind You in the same way that a paper contract binds You. These Terms limit Our liability and obligations to You to the terms set forth herein and permit Us to change, suspend, or terminate Your access to and use of buzzdoesTM. You must accept, without modification, all of the terms, conditions, policies and instructions referenced in these Terms in order to access and use buzzdoesTM. If You do not agree to these Terms in their entirety, then You are prohibited from using buzzdoesTM in any way.

By Clicking 'I Read, Understood & Agree' You signify Your assent to:

  • These Terms; and
  • The buzzdoesTM Privacy Policy which is incorporated by reference to these Terms.

 

1. What is buzzdoesTM?

buzzdoesTM is a new and exciting way to recommend to your friends apps, products or services that you liked, and be eligible to get a reward if they follow your recommendation, and if you recommended an app - they installed the app and registered to buzzdoesTM.

2. The License

We hereby grant You a limited, royalty-free, non-exclusive, non-transferrable, non-sub-licensable, revocable license to use buzzdoesTM for non-commercial purposes, subject to these Terms.

3. Permitted Uses and Restrictions

  1. YOU MAY USE BUZZDOESTM SOLELY FOR PRIVATE AND PERSONAL PURPOSES. YOU MUST NOT USE BUZZDOESTM FOR ANY COMMERCIAL OR BUSINESS PURPOSE, OR IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS. No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of buzzdoesTM, in whole or in part, is granted except as expressly provided by these Terms. Without limiting the generality of the foregoing, You may not integrate buzzdoesTM or any part thereof, within a service or software of Your own, without the prior written consent of Bow. You may not reverse-engineer, decompile or disassemble, or attempt to derive the source code of, modify, decrypt, or create derivative works of buzzdoesTM or any part thereof.
  2. You must not use buzzdoesTM in any abusive, fraudulent of otherwise illegal manner. Without limiting the generality of the foregoing, You may not use buzzdoesTM to: (i) submit deceptive or misleading content (whether related or unrelated to any apps, products or services); or (ii) transmit any content that contains a virus, Trojan horse, worm, or other harmful component; or (iii) transmit any content that is harassing, stalking, threatening, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law.
  3. You must not use buzzdoesTM to violate, misappropriate of infringe Bow's or any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents or other proprietary or legal rights.
  4. You must not, directly or indirectly, commit any act intended to interfere with, buzzdoesTM, any third party software or related services or any business practices of Bow or any other third party. You agree not to exploit buzzdoesTM in any unauthorized manner, including but not limited to, burdening network capacity and impairing the availability of buzzdoesTM.
  5. WE EMPLOY VARIOUS TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT AND ABUSIVE USE OF BUZZDOESTM. WE WILL DENY REWARDS AND TERMINATE YOUR ACCOUNT IF WE DEEM YOUR USE TO BE FRAUDULENT, ABUSIVE OR IN BREACH OF THESE TERMS.
  6. YOU MUST NOT OFFER THE RECIPIENTS OF YOUR RECOMMENDATIONS ANY FORM OF CONSIDERATION IN CONNECTION WITH THEIR INSTALLATION OF THE APP, OR WITH THEIR PURCHASE AND USE OF PRODUCTS OR SERVICES YOU RECOMMENDED OR WITH THEIR REGISTRATION WITH BUZZDOESTM. WE WILL DENY REWARDS AND MAY TERMINATE YOUR ACCOUNT IF WE DEEM YOUR ACTIONS AS RECIPIENT-SOLICITATION.

4. Rewards

  1. Definitions:

(i)        to "Earn Credit Points" means to have a fraction of a point, one whole point or several points added to Your User Account, whereby the precise quantity will be determined at the sole and absolute discretion of Bow, according to the characteristics of the recommendation in question;

(ii)       the "Expiration Period" means a period of 7 days following the day You sent the recommendation in question. The Expiration Period is subject to modifications from time to time. The then-current Expiration Period is posted on Your user profile page.

  1. Subject to the provisions of this section, You may be entitled to earn credit points only if: (i) when launching the buzzdoesTM interface, You are prompted with a notification message advising You of eligibility to earn credit points; and (ii) You consent to earning credit points by confirming that notification message. If You decline in response to that notification message, then You forfeit the opportunity to earn credit points until the next time You are prompted with such a notification message.
  2. Provided You are entitled to earn credit points under the foregoing, You will earn credit points only if, before the Expiration Period elapses, the recipient of Your recommendation: (i) installs an app that You recommended to her or him; and (ii) registers to buzzdoesTM with the same email address or the email address attributed to the Facebook account, to which You sent Your recommendation. In the event that a recipient of Your recommendation failed to execute any of the aforementioned steps then You will not earn credit points for the recommendation to that recipient since We cannot identify that recipient as the recipient of Your recommendation and We cannot attribute her or his app installation to You. If the recipient of Your recommendation installs an app that You recommended to her or him while not yet being registered with buzzdoesTM, then only once that recipient registers to buzzdoesTM with the same email address or the email address attributed to the Facebook account, to which You sent Your recommendation, will You earn credit points for the recommendation to that recipient.
  3. Once You have sent a recommendation to a recipient concerning an app, product or service, then You may not re-send a subsequent recommendation to the same recipient concerning that same app, product or service, unless the Expiration Period for that recommendation has elapsed. We employ technological measures to block such prohibited subsequent recommendations.
  4. If You and another buzzdoesTM user recommend the same app to the same person, then only the first to recommend, as documented in buzzdoesTM's systems and records, may be entitled to earn credit points. Then the information documented in buzzdoesTM's systems and records will be non-contestable. By accessing Your user profile page, You can monitor the relative position of Your recommendation in the recipient's queue of incoming recommendations, as documented in Our systems.
  5. The reward-value of a credit point is determined according to the then-applicable exchange rate, as prescribed by Bow from time to time and advertised on Your user profile page.
  6. You may redeem the credit points collected in Your User Account only if the value of credit points You have collected in Your User Account is greater than the then-current minimum threshold for redemption, as prescribed by Bow from time to time and advertised on Your user profile page.
  7. The credit points collected in Your User Account can be redeemed for a reward in the form of a money transfer in US Dollars to Your PayPal™ account (trademark of PayPal Pte. Ltd.) or in other forms of redemption that we may offer from time to time. In the event of such reward redemption, any applicable transaction fees will be deducted from the US Dollar value of Your accumulated credit points.
  8. You acknowledge and agree that some forms of rewards may entail prerequisites, such as having a valid PayPal™ account under Your own name.
  9. In order to redeem the credit points You have earned, You must access Your user profile page via the buzzdoesTM website and click the "REDEEM" button. When You redeem a reward, the credit point value of that reward, as advertised in Your user profile, will be deducted from the credit point balance in Your user account.
  10. If, despite Our reasonable efforts, We do not receive from an App's owner, developer or distributor sufficient monies to cover the monetary value of the rewards to be afforded in connection with recommendations for his or her App, then We will provide no credit points for recommendations for that App and no rewards in exchange for the credit points already collected in connection with recommendations for that App. You agree and acknowledge that Bow will not be held liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with App's owner, developer of distributor's failure to furnish Bow with the monies sufficient to cover the monetary value of the rewards.
  11. You acknowledge that jurisdictions vary in the manner that tax is levied on income and rewards. It is Your sole responsibility to make certain that any rewards You have redeemed comply with any applicable laws, rules and regulations that govern tax payments on such income and reward. Make sure You notify the tax authorities in Your jurisdiction of rewards you have redeemed, if the law so requires and make certain You pay any applicable taxes in a timely manner.
  12. In the event We are required by law, or by an order or decree prescribed by a competent judicial or administrative authority to deduct tax, including by deduction at source from the rewards furnished, then You will receive only the net value of the reward after proper deduction of such taxes.
  13. Every credit point collected, or part thereof, is valid for redemption only for the then-current "Period of Validity", as We prescribe and advertise on Your user profile. We may change the Period of Validity from time to time. When a credit point's Period of Validity elapses, that credit point is permanently deleted from Your User Account and may no longer be redeemed. There is also a minimum of points to redeem – this also subject to change and are prompt to the user when trying to redeem the points.
  14. You may not assign or transfer, either wholly or partially, any credit points accumulated in Your User Account, to any third party.
  15. If You claim that You did not earn the credit points You are entitled to, then You may file Us an online complaint through the "Support" section of the buzzdoesTM portal. You acknowledge that in the process of investigating Your complaint, Bow will conduct an inquiry that includes, but is not limited to, comparing the information in Your complaint to that in buzzdoesTM's internal records and in the records of others involved in the buzzdoesTM Reward Program. You acknowledge that in the event that Your complaint is found to be inconsistent with the information contained in these records, then the information contained in these records shall prevail and shall be non-contestable. You must reasonably assist Bow by providing any further information We deem relevant to Your complaint. Declining to provide such further information will signify Your complete and full waiver of any and all claims that You may have against buzzdoesTM, Bow or any third party in respect to Your complaint. Upon the completion of our inquiry Bow will advise You by email of the decision.

5. Registration and User Account

  1. Use of buzzdoesTM requires registration. During Your registration, You will be asked to provide personally identifying information. You must provide complete, accurate and truthful information. False, incorrect or outdated information may prevent You from registering and impair Our ability to offer buzzdoesTM for Your enjoyment and benefit. We will keep the information You provide during registration and We will not use it in any manner inconsistent with the Privacy Policy. After completing the registration process, a User Account will be created for Your personal use. Once registered, You may use buzzdoesTM in accordance with these Terms, on any device supported by buzzdoesTM that You own. In the event that You use a new device, simply use Your existing user account and password to register buzzdoesTM on that device.
  2. You must not permit others to use Your User Account. You must take reasonable measures to prevent misappropriation of You User Account. You will immediately notify Us if Your control over Your device or Your User Account has been compromised.

6. Your Representation and Warranties

  1. You agree and acknowledge that You assume full, exclusive and sole responsibility for the use of buzzdoesTM. You agree and acknowledge that You bear any civil liability or criminal culpability that may arise from, or in connection with, Your use of buzzdoesTM, including, without limitation, recommendations You send using buzzdoesTM.
  2. Without limiting the generality of the foregoing, You acknowledge that jurisdictions vary in the manner that commercial electronic mail transmission is regulated. It is Your sole responsibility to make certain that Your use of buzzdoesTM complies with any applicable laws, rules and regulations that govern the transmission of such messages. Make sure You have obtained prior consent, if the law so requires and make certain You honor 'opt-out' requests. buzzdoesTM might provide a feature that enables You to include an 'opt out' note in the recommendations You send to Your friends. The provision of this feature, in and of itself, does not imply that the governing law requires using it. It is provided irrespective of any laws that govern your activities. It does not derogate from Your responsibility to make certain that Your use of buzzdoesTM complies with any such applicable laws. Note that applicable law may hold You liable for unlawful commercial electronic mail forwarded by others insofar it is found to have originated from You.
  3. buzzdoesTM is not directed to persons under the age of 18. By accepting these Terms You are declaring You are 18 years old or older. Without derogating from the above, if You are under the legal age of majority in Your jurisdiction, then You declare that You have obtained permission from Your parent or legal guardian to execute these Terms and to register and use buzzdoesTM.
  4. We do not claim ownership to content that You add to a recommendation. However, when You add content to a recommendation, You represent and warrant that You are the rightful owner of all rights to that content or that You are licensed by the rightful owners to transmit and use such content to others, in accordance with these Terms.
  5. 7. Termination
  1. We may, at any time, terminate the provision of buzzdoesTM in its entirety or any part thereof, temporarily or permanently, at Our sole discretion.
  2. These Terms will apply until terminated by You or by Us, in accordance with the provisions below.
  3. We may terminate Your license to use buzzdoesTM and Your rights under these Terms, in the event that: (i) You have materially breached these Terms; or (ii) We are required to do so by law; or (iii) We deem Your use of buzzdoesTM to be unreasonable.
  4. Once advised of a forthcoming termination of Your license to use buzzdoesTM or Your rights under these Terms, You may file Us an appeal through the "Support" section of the buzzdoesTM portal within few days of Our notice of termination. We will consider Your appeal and advise You of Our decision. Our decision will be final, non-contestable and will take effect immediately.
  5. You may terminate these Terms at any time, by submitting an electronic written notice to Us via Your User Account profile on the buzzdoesTM website. Such Termination will take effect 14 days after We receive Your notice. 
  6. Upon termination of, these Terms, or the termination of Your license to use buzzdoesTM or the termination of buzzdoesTM , We will terminate Your access to buzzdoesTM and permanently delete Your user account. Any credit points remaining in Your User Account will be assigned exclusively to Bow and You will forfeit any right in and to the credit points, including, without limitation, Your right to redeem them. Termination of these Terms shall be in addition to, and not in lieu of, any equitable or other remedies available to the terminating party. Sections 7-18 of these Terms will survive termination of these Terms.

8. Intellectual Property

  1. All rights, title and interest in and to buzzdoesTM (except – as provided below with respect to the rights, title and interest in and to any recommended apps, products or services), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Us. Other than what is expressly granted by these Terms, these Terms do not grant You any other rights to patents, copyrights, trade marks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to buzzdoesTM.
  2. Recommendations may include content protected by the rights, title and interest of the respective third parties that own or license them ("Third Party Proprietary Rights"). These Terms do not grant You any rights to patents, copyrights, trade marks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to such Third Party Proprietary Rights.
  3. Except as otherwise expressly provided in these Terms, You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other service, modify or create derivative works of any of the content available in connection with buzzdoesTM, which is subject to Our intellectual property rights or other proprietary rights , or which is subject to Third Party Proprietary Rights, either directly by You or by a third party on Your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from Us or from the third party proprietor of those rights.
  4. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission that may dilute, or tarnish buzzdoesTM's goodwill.

9. Disclaimer of Warranty

a.     BUZZDOESTM IS PROVIDED HEREUNDER "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO BUZZDOESTM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF BUZZDOESTM, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.

b.    Bow will exert reasonable efforts to have buzzdoesTM running efficiently and accessible at all times. However, We do not warrant that buzzdoesTM will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that it is safe, secured from unauthorized access to buzzdoesTM's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either in Us or any other provider. Such incidents will not be considered a breach of these Terms.

10. Limitation of Liability

  1. WE, INCLUDING OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE BUZZDOESTM, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF BUZZDOESTM, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF BUZZDOESTM, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH BUZZDOESTM, OR WITH OTHER USERS ON OR THROUGH BUZZDOESTM, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF, THE CONTENT YOU SUBMITTED USING BUZZDOESTM, OR ANY REWARDS YOU ACCRUED, OR FROM ANY CREDIT POINTS DEEMED UNREDEEMABLE, DUE TO FAILURE OF THIRD PARTIES TO AFFORD US WITH MONIES SUFFICIENT TO COVER THE MONETARY VALUE OF CREDIT POINTS, OR BY AN ORDER OR DECREE PRESCRIBED BY A COMPETENT JUDICIAL OR ADMINISTRATIVE AUTHORITY. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT ENDORSE OR APPROVE ANY RECOMMENDATION SUBMITTED THROUGH OR IN CONNCETION WITH BUZZDOESTM. WE  EXCLUDE ANY AND ALL LIABILITY ARISING FROM OR IN CONNECTION WITH THE USE OF SUCH RECOMMENDATIONS.
  2. We may incorporate in buzzdoesTM advertisements or information of commercial character. The source of such information may originate from Us or from third parties. If such information includes third party content, We cannot guarantee its reliability or accuracy. You understand that the advertising of commercial content by Us does not constitute a recommendation or encouragement to procure the goods or services advertised.
  3. Insofar as buzzdoesTM includes links to apps, products or services not operated or managed by Us, We will not be liable for any form of liability arising from Your reliance on, or in connection with, the content of such apps, products and services or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. We will not be liable for any direct or indirect damage, pecuniary or otherwise, arising from Your use of or Your reliance on the content of apps, products and services You have accessed via links on buzzdoesTM.

11. Breach and Indemnity

  1. Without derogating from any applicable law, You agree to indemnify and hold harmless - Us and Our employees, directors, shareholders, advisors or anyone acting on Our behalf, in the event You have violated these Terms or have operated unlawfully or tortuously with respect to buzzdoesTM or with respect to rewards redemption, or from and against any claim or demand in connection with Your use of buzzdoesTM, including, without limitation, any claim concerning unlawful spam. Considering that buzzdoesTM is provided free-of-charge, such indemnity shall cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, pecuniary or non- pecuniary, incurred by Us, Our employees, directors, shareholders, advisors or anyone acting on Our behalf, including but not limited to legal expenses and attorney fees.
  2. If You have breached these Terms and Bow takes no legal action against You, Bow shall not be considered to have given up its rights to pursue any legal course of action in relation to the breach.

12. Privacy

We respect Your privacy. Our updated Privacy Policy is accessible at buzzdoesTM Privacy Policy and is an integral part of these Terms.

13. Modifications to buzzdoesTM

We may, either partially or in its entirety and without being obligated to provide advance notice – modify, adapt or change buzzdoesTM, buzzdoesTM's features, the user interface and design, the extent and availability of the contents in buzzdoesTM and any other aspect related to buzzdoesTM. You will have no claim, complaint or demand against Us for applying such changes or for failures incidental to such changes.

14. Governing Law and Jurisdiction

These Terms, buzzdoesTM and any use related thereto will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Israel. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, buzzdoesTM or any use related thereto, will be under the exclusive jurisdiction of the competent court in the Tel Aviv district in Israel.

15. Assignment of Rights

You may not assign or transfer any rights You have arising from these Terms or in connection with buzzdoesTM, without Our prior written consent.

We may assign any of Our rights arising from these Terms or in connection with buzzdoesTM, to a third party at Our sole and absolute discretion, provided that the third party undertakes Our obligations to You under these Terms.

16. Complete Terms and Severability

  1. These Terms, together with the buzzdoes' Privacy Policy, shall together constitute the entire and complete agreement between You and Us concerning any use of, or in connection with, buzzdoesTM. In the event of an inconsistency between these Terms and the "summary of terms" presented to You during software installation, these Terms shall prevail.
  2. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.

17. Modifications

These Terms are subject to modifications from time to time. In the event that We modify these Terms, the updated Terms will be posted on the buzzdoesTM website and will be accessible via the logon window of buzzdoesTM, at least thirty days before the updated Terms take effect. Before using buzzdoesTM again, We will ask you to accept the updated Terms. If You do not agree to the modified Terms, then Your account will automatically terminated.

18. Contact Us

You may contact us with any question about buzzdoesTM, through the channels listed on Our web site (web address: www.buzzdoes.com). We will make our best efforts to address Your inquiry promptly.