Terms of use

  • 1. Definitions

    The Terms of Use (hereinafter "Terms of Use") describe the Terms of Use for the Website http://www.ohmyuzz.com (hereinafter " Ohmybuzz"). Your use of the Website constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website. Services on the Website are available only to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Website are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Website.

  • 2. Description of Ohmybuzz

    Ohmybuzz is a platform allowing the sharing, promotion and communication of information related to shopping offers, marketing promotions, individual's offers between members and visitors. Its operation is based on the publication and aggregation of Buzz posted by its members. Ohmybuzz is divided into two sections: a public section and a private section. The public section offers to all visitors, among other things, general information about the Website, the ability to view commercial or non commercial offers (hereinafter "Buzz"), exclusive or non exclusive, on the Website, a search engine to search for Buzz on the Website, the ability to view and post comments on the Ohmybuzz Blog, the ability to view and post comments on every Buzz for visitors who are registered as members of the Website ("Members"), and a process by which visitors can register to become Members, as further described below. The private section is only accessible by Members. The private section offers to Members (in addition to all services available in the public section) the ability to upload Buzz onto the Website in accordance with the present Terms of Use and Terms of Sale and the ability to access their accounts on the Website ("Membership Accounts"). The Ohmybuzz Blog attached to Ohmybuzz Website allows the exchange of information between users. The Blog is made of articles published by Ohmybuzz and comments by users. The use of the Blog is governed by the present Terms of Use.

  • 3. Definition of a Buzz

    A Buzz is defined as editorial or commercial information, exclusive or non exclusive, posted by professional or non professional individuals for users of Ohmybuzz. A Buzz is made of a title, a description, with various media associated (images, videos or sound) with a defined period of validity. A Buzz is local if associated with one or multiple physical addresses. A Buzz is online if linked to a website URL. A Buzz is a Direct Buzz when associated to a sale. In such a case, the contributor can sell directly a product and/or service. See below "Direct Buzz" for further explanations. A Buzz can include an optional "promotional offer". This "promotional offer" area indicates to users the way to benefit from the "promotional offer", which can be a password, a promotion code or something similar. An additional field allows the user to define this "promotional offer" as exclusive (see 4. below). A Buzz can be about a promotional product, a new concept, a clearance sale, an invitation for a private sale, a reduction, a "best of" etc.

  • 4. Direct Buzz

    A Direct Buzz is a Buzz linked to a sale. When a Buzz is linked to a sale, the visitor (hereafter "the buyer"), can buy directly the product and/or service presented by the contributor (hereafter " the seller "). Ohmybuzz does not interfere in the transaction between the buyer and the seller and will not be responsible in the case of litigation, claim or consequential dammages, present or future, alleged or real, resulting directly or undirectly from this transaction. Ohmybuzz has a limited control on the exchanged informations by the contributors and cannot certify the quality, security and legality of the products and/or services sold. Ohmybuzz cannot check the capacity of sellers to sell their products and/or services or the capacity of buyers to pay for the products and/or services.

  • 5. Exclusivity

    A Buzz is exclusive when the checkbox "Exclusive" is ticked. In such a case, the "promotional offer" includes an offer Exclusive to Ohmybuzz visitors. The member can assure that his offer is exclusive. Exclusive Buzz are marked with a specific sign "E". Ohmybuzz cannot check the full content of information, products and/or services published by a contributor. Ohmybuzz declines any responsibility in the case the product and/or service does not match the description ("promotional offer" for example) published by the contributor.

  • 6. Authority

    Buzz are classified by authority. The natural authority of a Buzz is defined by various criteria such as its popularity with visitors, its quality as judged by the moderators or the member's own authority. The private section gives access to a payable option (the "Booster") allowing an improvement of the Buzz authority for a limited time and intensity.

  • 7. Subscription and member's status

    Access, subscription and use of Ohmybuzz website are free. Your member's status allows you, with a password, to access the private section of Ohmybuzz website. Your member's status allows the purchase of credits to use for the Booster (see Terms of Sale). Your Membership Account on the Website may not be sold or otherwise transferred to another person or entity. If your use of the Website is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement. Any modification of the information provided for the subscription must be declared to Ohmybuzz. When you subscribe you have to give an e-mail address which will be used as the communication channel between you and Ohmybuzz website. Your e-mail address will be the unique identifier for the Member's account. Any email sent by Ohmybuzz to you is assumed to have been received and read. You agree to keep your password confidential. Your password is personal and cannot be transferred or shared with anyone or any entity. As a member, you agree to be the sole person responsible for the use of your password. You also accept that Ohmybuzz can assume that the use of a member's account and/or password implies that you are the user of your account. Ohmybuzz can suspend or cancel a Member's account in case of suspicious or fraudulent use of the password.

  • 8. Moderation

    When you publish a Buzz, you are responsible for its content which must respect the Law and present Conditions of Use. Ohmybuzz may moderate the Buzz according to the principles of common sense and respect for the law. Ohmybuzz moderation rules do not imply an acknowledgement of the validity, pertinence or quality of a Buzz or a comment. The member and user are informed that any contribution, Buzz or comment, can be suppressed if it does not respect legal dispositions or the present Terms of Use. Members or users can contact the moderation team for any claim related to a comment or content of a Buzz.

  • 9. Member's account suspension or cancellation

    Without prejudice to any other action, Ohmybuzz shall have the right, at its sole discretion, to suspend or cancel a Member's Account in the following cases :
    • Violation of any or all parts of the Terms of Use or Terms of Sale of Ohmybuzz
    • Origin of a Buzz impossible to check
    • Forged or false personal data
    • Publication of illegal content (among others: pornography, libel, violated image rights, discrimination, racism, religious or ethnic violence)
    • use, copy or publication of copyright material without consent
    • fraudulent use of collaborative tools (comment spam, click spam etc)

  • 10. Buzz content

    The user or member agrees not to ask any payment for the use of the content published by Ohmybuzz. Ohmybuzz shall have the right, at its sole discretion, to control, amend and/or exclude part or all of the content of a Buzz. Ohmybuzz shall have no diligence obligation to publish a Buzz. Ohmybuzz shall have the right to publish the content of a Buzz on other sites, in the context of partnerships. The user or Member accepts that Ohmybuzz may use the content of published Buzz for marketing purposes and may share data (other than personal data) with third parties either for free or for monetary compensation.

  • 11. Modification

    Ohmybuzz shall have the right, at its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon publication of such changes on the Website. Your continued use of the Website after the effectiveness of such changes constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website. If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by Ohmybuzz, do not use the Website. Ohmybuzz shall have the right to modify, interrupt or cease the service without being in any way responsible for the consequences resulting from such modification, interruption or suspension of its services.

  • 12. Affiliate Program

    Ohmybuzz has an affiliate program allowing members to be compensated when they promote Ohmybuzz services. The compensation is made of credits (the Omybuzz monetary unit) which can be used in connection with the use of the Buzz Booster. Credits earned from affiliation revenues cannot be convertible into real money. The Affiliate Program can only be used with Ohmybuzz tools. Ohmybuzz allows its members to publish on another website (other than Ohmybuzz) a part of the information related to a Buzz. Affiliation compensation is generated when a visitor from an external site clicks on the affiliation link directing the visitor on Ohmybuzz. The member will not use illegal ways or any other mean to abuse the rules designed solely to promote Ohmybuzz services. In particular spamming tools (unwelcome emails) are prohibited. Under no circumstance Ohmybuzz can be hold responsible for the promotional activities made by its members. The use of such techniques will render void the member account, and cancel any credit compensation obtained under the terms and conditions of this affiliation program

  • 13. Use of external applications

    The use of Google Maps application is subject to your agreement of the General Conditions of use of Google Maps (http://www.google.com/apis/maps/terms.html) Informations provided by Google are only indicative.

  • 14. Intellectual property

    Ohmybuzz cannot be aware of all content of the Buzz or comments published on Ohmybuzz Website. However, Ohmybuzz agrees to withdraw as soon as practically possible any content protected by copyright, as soon as the assignee notifies the Ohmybuzz moderation team of the copyright infringement. All graphs, presentations and logos attached to Ohmybuzz are the exclusive property of Ohmybuzz . Any reproduction without the written consent of Ohmybuzz is prohibited.

  • 15. Privacy policy

    The user may browse information on the site without disclosing any personal information about himself/herself. However, once the user discloses personal information through the site to Ohymybuzz, the user is no longer anonymous. In providing Ohmybuzz with his/her personal information, the user agrees to the transfer of this information to Ohmybuzz servers located in France. Ohmybuzz may collect the following information: name; physical address and contact; e-mail address; financial information including credit card numbers; transactional activities based on the user's activities on the site; community discussions and comments; computer sign-on and data statistics; other information including web IP address; supplemental information from third parties. The user agrees that personal information may be used to provide services and customer support; resolve disputes; collect fees; prevent potential illegal activities; enforce the Terms of Use and the Terms of Sale; improve, measure and customize services through the site; inform the user of updates, service changes, promotional offers and third party verifications. Ohmybuzz may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other consent violates the rights of others, or to protect any one's rights, safety or property. The only items of personal information that are displayed throughout the site and are visible to the public are the user or logon name and comments posted by the user. Therefore, Ohmybuzz is not liable for any personal information obtained through public display of the user name or comments.

  • 16. Use of personal data

    Ohmybuzz agrees not to sell or rent your personal data to any third party. However, you accept that Ohmybuzz may use your personal data to prove the use of Ohmybuzz services and therefore obtain compensation for such usage.

  • 17. Ohmybuzz compensation

    The user or the member of Ohmybuzz Website acknowledges that by purchasing via Ohmybuzz Website, compensation can be granted to Ohmybuzz due to a partnership agreement, an affiliation program or similar provision, and that this compensation does not imply any responsibility for Ohmybuzz.

  • 18. Limitations and disclaimer

    Ohmybuzz Website publishes information, recommendations and comments which may be inaccurate, outdated, or incomplete; Ohmybuzz declines any responsibility regarding content of which the veracity, authenticity and exhaustiveness cannot be checked. Ohmybuzz's responsibility cannot be committed in relation to real or alleged qualities of the products and/or services offered by Ohmybuzz members. Ohmybuzz does not give any warranty in relation to hardware or software used on hosted sites, servers or internet access and cannot be held responsible for financial consequences resulting from the use of Ohmybuzz Website. You agree to indemnify, defend and hold harmless Ohmybuzz and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or "false right", right of publicity or content whether or not intentional. Ohmybuzz shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Ohmybuzz in the defence of any such claim, action or matter. THE SERVICES PROVIDED BY OHMYBUZZ, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OHMYBUZZ SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. OHMYBUZZ EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OHMYBUZZ DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF OHMYBUZZ SERVICES. OHMYBUZZ DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH OHMYBUZZ SERVICES. OHMYBUZZ DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OHMYBUZZ OR RECEIVED THROUGH ANY LINKS PROVIDED BY OHMYBUZZ SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED BY OHMYBUZZ.YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF OHMYBUZZ SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

  • 19. Indemnification

    You agree to indemnify, defend and hold harmless Ohmybuzz and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or "false right", right of publicity or blurring or distortion or alteration of any Work or other material or content whether or not intentional. Ohmybuzz shall have the right, in its sole discretion, to control the defence of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Ohmybuzz in the defence of any such claim, action or matter.

  • 20. Relationship between the parties

    The relationship between Ohmybuzz and you under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint ventures, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.

  • 21. Juridiction

    This Agreement shall be governed by and construed in accordance with the laws of France, without regard to any conflict of legal principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the court of commerce of Paris, France, and you and Ohmybuzz each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum. Should one or multiple clauses of the present Terms of Use or Terms of Sale be found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining terms and provisions will not in any way be affected or impaired thereby.

  • 22. Proprietary rights

    The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Ohmybuzz is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Ohmybuzz. You further agree not to reproduce, duplicate or copy content from Ohmybuzz without the express written consent of Ohmybuzz, and agree to abide by any and all copyright notices displayed on Ohmybuzz. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Ohmybuzz Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Ohmybuzz website. Ohmybuzz is a registered trademark.

  • 23. Miscellaneous

    • Ohmybuzz Website provides links to other websites and declines any responsibility related to the confidentiality or practices of those websites. When you click on a website link, you are supposed to read and accept the Terms of Use of those websites.
    • Ohmybuzz is not responsible for interactions between members.
    • The members of Ohmybuzz can be individuals or businesses.
    • The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.
    • If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Ohmybuzz's moderator for notice of claims of copyright or other intellectual property infringement.
    • The services provided by Ohmybuzz are administered from France. Ohmybuzz is not responsible for services, applications or related information revealed through the site that are inappropriate or unavailable in other locations. Membership of the site is void where prohibited by applicable law and the right to access the site is revoked in such jurisdictions. Users are responsible for compliance with any local laws when using the site. .
    • You understand and agree that sending unsolicited email advertisements to Ohmybuzz email addresses or through Ohmybuzz computer systems, which is expressly prohibited by these Terms of Use, will use or cause to be used servers located in France. Any unauthorized use of Ohmybuzz computer systems is a violation of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.