Terms of Service and Conditions of Use Agreement
This page states the terms and conditions ("Terms and Conditions") under which you may use this web site ("Web Site"). Please read this page carefully. By using the Web Site, you agree unconditionally to be bound by the Terms and Conditions stated here. Therefore, if you cannot accept the Terms and Conditions, please do not use the Web Site. FohBoh, Inc. (the "Company") may revise the Terms and Conditions at any time, in its sole discretion by updating this posting. Therefore, you should visit this page periodically to review the Terms and Conditions, because they are binding on you. For further information, please contact us. Your Use of this Website will be discontinued by the Company if payment on a monthly basis (or as separately agreed with the Company) is not received in a timely manner.
Section 1. Use of Material.
The contents of
the Web Site have been compiled and assembled from publicly available sources
through means and methods developed by the Company and/or its Licensors
(including, without limitation, Buzz, Inc.) solely for your use for social media
monitoring and measurement purposes. However, they are still protected against
unauthorized use in the U.S. and other countries by copyright and other
intellectual property laws. The Company authorizes you to view and download a
single copy of the material on the Web Site solely for your internal use and not
for resale, distribution or other commercial purposes.
The
contents of the Web Site, such as text, graphics, images and other material
("Material") are protected by copyright under both United States and foreign
laws. Unauthorized use of the Material may violate copyright, trademark, and
other laws and the rights of the Company, Buzz, Inc. or others. Ownership of
the Web Site shall remain with the Company at all times. You must retain
all copyright and other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell, lease, license,
sublicense the Material.
If you violate any of the Terms and Conditions, your
permission to use the Material automatically terminates and you must immediately
destroy any copies you have made of the Material. The Company reserves all other
rights it may have at law or in equity.
Your rights to use this Web Site are nontransferrable. You may not reverse engineer, decompile, disassemble or in any way attempt to derive the underlying source code used for displaying and/or gathering the information provided herein. FohBoh and/or its licensors reserve the right to alter, revise, upgrade, update and/or modify the Web Site at any time and at its sole option.
Section 2. Company's Liability.
The Material
may contain inaccuracies or typographical errors. The Company (and/or its
Licensors) makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results to be obtained
from using the Web Site and the Material. The use of the Web Site and the
Material is at your own risk. Changes are periodically made to the Web Site and
may be made at any time.
The Company does not endorse, recommend, edit, subscribe to,
oppose or agree with any opinion, information, analysis or other information or
Material on the Web Site.
THE COMPANY AND/OR ITS LICENSORS DOES
NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THIS WEB SITE AND
ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPUTER CODE. IF YOUR
USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 4. Links to Other Sites.
The Web Site
contains links to third party web sites. These links are provided solely as a
convenience to you and not as an endorsement by the Company of the contents on
such third party web sites. The Company is not responsible for the content of
linked third party sites and does not make any representations regarding the
content or accuracy of materials on such third party web sites.
Section 5. Indemnity.
You agree to defend,
indemnify, and hold harmless the Company and/or its Licensors or Suppliers,
their officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material or your breach of the
Terms and Conditions. The Company shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
Section 6. Intellectual Property Rights.
Nothing in
the Terms and Conditions shall be construed as granting you a license to use any
of the Company's intellectual property as described above, except as expressly
set forth herein.
FohBoh, FohBuzz and certain other names and
logos or trademarks of the Company and all related product and service names,
design marks and slogans are the trademarks or service marks of the Company. All
other product and service marks contained herein are the trademarks of their
respective owners.
Section 7. Termination.
The Company shall have
the right, in its sole discretion, to terminate your ability to access the Web
Site at any time without notice and to discontinue or modify any of the
information contained on the Web Site at any time upon any breach or violation
of the Terms and Conditions set forth herein.
Section 8. General.
The Terms and Conditions are
governed by the internal substantive laws of the State of California, without
respect to its conflict of laws principles. If any provision of the Terms and
Conditions are found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of the Terms and Conditions, which shall remain in full force and
effect. No waiver of any the Terms and Conditions shall be deemed a further or
continuing waiver of such term or any other term. Except as expressly provided
in a particular legal notice on the Web Site or Material on particular Web Site
pages, the Terms and Conditions constitute the entire agreement between you and
the Company with respect to the use of the Web Site. This Agreement is
for the benefit of the Company and/or its Licensors, including without
limitation Buzz, Inc., and each shall have the right to enforce this Agreement
and its terms.
Any future changes to the Terms and Conditions will be communicated to you via email.