To become a Buzzalo member, please review our Terms and Conditions of Membership, check the agreement checkbox and add your initials at the bottom, then click the "Continue" button.

Acceptance

This is a legal agreement (“Agreement”) between you and Buzzalo.com, which may be contacted at 7214 Ellicott Road, Orchard Park, New York 14127. By accessing the Buzzalo web site, currently located at www.Buzzalo.com (the “Site”), and using any of the "Services" (as defined below) accessible through the Site, you become a user and Buzzalo member and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or its Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such services.

The Buzzalo "Services" consist of the following, without limitation: a "Listing Service" for the music related businesses, bars, clubs, and bands with interactive content, and "Buzzalo Connect", a contact mechanism whereby members may contact one another. Buzzalo may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Buzzalo also reserves the right to cease offering any of the Services.

This Agreement is subject to change by Buzzalo in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

As a Buzzalo Member, you agree to the following:

• You agree to behave in a respectful manner towards all other Buzzalo Members, whether communication takes place online or in email sent from "Buzzalo Connect".
• If any member wishes to cease communication with you, you agree to abide by that person's wishes and will immediately cease to contact them.
• Any complaints that may arise regarding another Buzzalo user or member will be directly and privately communicated to a Buzzalo staff member by you.
• You understand that Buzzalo is in no way responsible for any harm or injury you may suffer during or from participating in any online activity, and you hereby agree not to seek legal action or recourse on the corporation due to any such circumstances that may arise from or during your voluntary participation.
• You understand that Buzzalo is in no way responsible for the behavior of other Buzzalo members or website users, and you hereby agree not to seek legal action on Buzzalo due to any issue that may arise specifically from the harmful intentions or actions of any Buzzalo website user or member, including yourself.

Use of Site and Service

As a user of the Site or a user registered to use any of the Services (a “Registered User” and a “Buzzalo Member”), you agree to the following:

1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Buzzalo is not responsible for third party access to your account that results from theft or misappropriation of your user or Buzzalo member names and passwords.
2. Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users or Buzzalo Members through the Services.
4. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You agree to take all necessary precautions when meeting individuals through the Buzzalo Connect Service.
5. Reporting of Violations. You will promptly report to Buzzalo any violation of the Agreement by others, including but not limited to, Registered User or Buzzalo members.
6. Content Removal. Buzzalo reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Buzzalo will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
7. Posting and Communication Restrictions. Postings on the Content Services will follow the terms of this Agreement. In addition to the foregoing, you will not post on the Services, transmit to other users or Buzzalo members, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
   1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. is intended to or tends to harass, annoy, threaten or intimidate any other user of the Site or Services;
   3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
   4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
   5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
   6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
   7. intends to defraud, swindle or deceive other users of the Services or Buzzalo members;
   8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
   9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
   10. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
   11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
   12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
   13. solicits gambling or engages in any gambling or similar activity;
   14. uses scripts, bots or other automated technology to access the Site or Services;
   15. uses the Site or Services for chain letter, junk mail or spam e-mails;
   16. collects or solicits personal information about anyone under 18; or
   17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
8. No False Information. You will not provide inaccurate, misleading or false information to Buzzalo or to any other user or Buzzalo member. If information provided to Buzzalo or another user or Buzzalo member subsequently becomes inaccurate, misleading or false, you will promptly notify Buzzalo of such change.
9. No Advertising or Commercial Solicitation. You will not advertise or solicit any user or Buzzalo member to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users or Buzzalo members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or Buzzalo member without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Buzzalo, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Buzzalo $100 for each such unsolicited communication you send through the Services.
10. Unique and Bona Fide Profile. As a Registered User or Buzzalo Member, you will create only one unique profile. In addition, your use of Listing Service must be for a bona fide Buffalo music related business, bar, club, or band.
11. No Harassment of Buzzalo Employees or Agents. You will not harass, annoy, intimidate or threaten any Buzzalo employees or agents engaged in providing any portion of the Services to you.

Proprietary Rights

1. Ownership of Proprietary Information. You hereby acknowledge and agree that Buzzalo is the owner of highly valuable proprietary information, including without limitation, the Buffalo listings and member information (collectively, “Confidential Information”). Buzzalo owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
3. Other User or Buzzalo member Information. Other Registered User or Buzzalo Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Buzzalo or third party proprietary information available via the Services or the Site.
4. License to Posted Content. By posting information or content to any profile pages or public area of the Services such as blogs or photo comments, you automatically grant, and you represent and warrant that you have the right to grant, to Buzzalo and its users or Buzzalo Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

User or Buzzalo Member Information

1. Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on Buzzalo's Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of Buzzalo’s Privacy Statement.
2. No Contact Information. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in the “Description” sections of the Listing Service. You may, at your discretion, exchange such information with other users or Buzzalo members outside of the Site.
3. Disclosure By Law. You acknowledge and agree that Buzzalo may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Buzzalo's, or a third party’s rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user or Buzzalo Member) is threatened.
4. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, Buzzalo reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Buzzalo suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Buzzalo, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Buzzalo is permitted to make such disclosure.
5. Use of Anonymouse Information for Research. By using the Services, you agree to allow Buzzalo to anonymously use the information from you and your experiences through the Services to continue Buzzalo’s research into successful inter-business music related relationships and to improve the Services. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.

Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.

The Services may contain links to web sites of third-parties, including without limitation, advertisers or businesses, which are not under the control of Buzzalo, and Buzzalo is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Buzzalo provides these links to you only as a convenience, and the inclusion of any link does not imply that Buzzalo endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Buzzalo will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Buzzalo with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Statement to learn more about how we use your information.

Disclaimer of Warranty

1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BUZZALO PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BUZZALO DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. BUZZALO DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Buzzalo, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. BUZZALO DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BUZZALO. UNDER NO CIRCUMSTANCES WILL BUZZALO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USER OR BUZZALO MEMBERS.
3. Beta Features. From time to time, Buzzalo may offer new “beta” features or tools with which its user or Buzzalo Members may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Buzzalo’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

Limitation of Liability

1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL BUZZALO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF BUZZALO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL BUZZALO’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID BUZZALO FOR THE USE OF ANY SERVICES, THE AMOUNT OF U.S. $25.00 OR ITS EQUIVALENT.
2. No Liability for non-Buzzalo Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUZZALO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OR BUZZALO MEMBERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS OR BUZZALO MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
3. Information Verification. Buzzalo and its contractors may use various ways of verifying information that users or Buzzalo Members have provided. However, none of those ways are perfect, and you agree that Buzzalo and its contractors will have no liability to you arising from any incorrectly verified information.

Indemnification

You agree to indemnify, defend and hold harmless Buzzalo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user or Buzzalo Member postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Buzzalo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Buzzalo in asserting any available defenses.

Complaints / Law Enforcement Contact

To resolve a complaint regarding the Service, you should e-mail us at music at(@) buzzalo dot(.) com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Buzzalo via postal delivery to 7214 Ellicott Road, Orchard Park, NY 14127.

Communication and Privacy

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have provided us), please refer to our Privacy Statement to review your options.

Term and Termination

This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect for the duration of your membership. Either you or Buzzalo may terminate your membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Buzzalo reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that any fees then paid to Buzzalo by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: Buzzalo, Attn: Cancellations, 7214 Ellicott Road, Orchard Park, NY 14127. Following any termination of any Registered User or Buzzalo Member’s use of the Listing Service, Buzzalo reserves the right to send a notice thereof to other Registered Users or Buzzalo Members with whom you may have corresponded.

Cancellations

Cancellation At Any Time. You may cancel your membership to our Services at any time during the term of such registration or subscription or any renewal period by accessing the “Contact Us” page and providing us an email notification of request of such termination. In such case, your membership will terminate within one week, and your listing(s) will be removed from the Site.

General Provisions

1. Controlling Law and Jurisdiction. You agree that New York law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the State of New York. You acknowledge and agree that any violation of this Agreement may cause Buzzalo irreparable harm, and therefore agree that Buzzalo will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Buzzalo may have for a breach of this Agreement.
2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you and Buzzalo regarding the use of this Service, superseding any prior agreements between you and Buzzalo related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Buzzalo to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Buzzalo copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit Buzzalo to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
   
   The above information must be submitted to the following DMCA Agent:
   
   Designated Copyright Agent
   Buzzalo
   7214 Ellicott Road
   Orchard Park, New York 14127
   music at(@) buzzalo dot(.) com

Revision Date

This Agreement was last revised on November 20, 2009.