These Terms of Service set forth your rights and obligations and govern your access and use of our website(s), mobile app(s), and any other platform(s) on which these Terms appear (collectively, the “Site”) and related products or services (including our App) we make available to you (“Services”). BZZR, Inc. (“BZZR”, “we”or “us”) provides the Site and Services to athletes, coaches, trainers, sports commentators, sports media personalities, teams, clubs, sports influencers and other verified content creators and providers (“Content Partners”) who upload, submit, post, display or share content on our Site and Services, and general users of our Site and Services who view and interact with such content (“General Users”) (both Content Partners and General Users, each a “user”and “you” and “your”).
PLEASE READ THE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BZZR. By accessing or using the Site or any of the Services, you acknowledge that you have read and understood, and agree to be bound by, these Terms, including all supplemental terms and conditions referenced in these Terms of Service, including BZZR's Privacy Policy, and if applicable, the Additional Terms including the Content Partner Terms (collectively, the “Terms”). If you do not agree to the Terms, then you must immediately cease accessing and using the Site and the Services.
PLEASE NOTE THAT THE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION AND TRIAL BY JURY WAIVERS AS WELL AS LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES.
You must be at least 13 years old to use the Site or Services. If you are under the legal age to enter into a binding contract (a “Minor”), you may use the Site or Services only with the consent and supervision of a parent or legal guardian. By permitting a Minor to use the Site or Services, the parent or guardian agrees to be bound by these Terms and to indemnify and hold harmless BZZR for any breach of these Terms by the Minor. If you are registering on behalf of a business or entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. If you lack such authority, you are personally responsible for all obligations under these Terms. Registration as a Content Partner is subject to the Content Partner Terms and Content Partners may be required to complete additional requirements including an identification verification process as further set forth in the Content Partner Terms).
Some Services (such as Contests) may be subject to additional terms and conditions (“Additional Terms”). We will provide these Additional Terms for your review when you use the applicable Service. By using that Service, you agree to the Additional Terms. If you are a Content Partner, you also agree to the Content Partner Terms.
Your use of the Site and Services is for personal and non-commercial use only. You are solely responsible for your use of the Site and Services, as well as any use made through your account. We aim to provide a positive, useful, and safe user experience. To support this goal, certain conduct is prohibited because it may harm other users or us. When using the Site or Services, you may not:
If a feature of or Service on the Site requires you to open an account, you must complete the registration process by providing current, complete, and accurate information as requested. You are responsible for keeping your registration data up to date, and any loss resulting from your failure to do so is your responsibility.
Once registered, you may be asked to select a username and password. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account and not to share, post, or otherwise disclose your login information. BZZR is not responsible for any loss arising from the use of your account or password by another person, with or without your knowledge.
You may not create or use more than one personal account at a time. BZZR may suspend or terminate your account(s) if you violate this rule. BZZR may also remove or reclaim any username at any time and for any reason, including without limitation: (i) a third-party claim that the username violates, misappropriates or infringes their rights, or (ii) if BZZR determines that your username or password is insecure, inappropriate, or otherwise inconsistent with our policies.
You may not create or register an account on behalf of another person, group, or entity unless you are authorized to do so and can bind them to these Terms. By registering an account for another, you represent and warrant that you have such authority.
BZZR reserves the right, in its sole discretion, to limit the number of connections, groups, or other features available to a user, and to restrict, suspend, or terminate access to the Site or Services.
(a) Subscriptions. By registering for an Account, you receive access to the Service (a “Subscription”). Each Subscription, and the rights and privileges it provides, is personal and non-transferable. Paid Subscriptions (“Premium”) may include features or services not available with free Subscriptions. BZZR reserves the right to change Premium prices at any time and does not offer price protection or refunds for promotions or price reductions.
(b) Payments. If you purchase any fee-based services, whether one-time or by Subscription, you consent to BZZR’s use of third-party payment providers for billing and processing. You agree to pay all applicable fees for your Premium Subscription (including, without limitation, monthly or annual recurring fees), along with any related taxes (including, but not limited to any sales, use, value-added, goods and services or other similar taxes), as they become due. Unless expressly stated otherwise, the fees stated for your Premium Subscription do not include the amount of such taxes. You are also responsible for reimbursing BZZR for all collection costs and interest on overdue amounts. Your obligation to pay fees continues through the end of the Subscription Term (as defined in Section 5(c) below).
If you fail to pay on time, or if BZZR cannot charge your designated payment method for any reason, BZZR may suspend or terminate your access to the Service and your Account and may terminate these Terms. You expressly agree that BZZR may bill you for all applicable fees, taxes, and other charges incurred in connection with your use of the Service. Such fees will be charged to the payment method you provided at registration and, if applicable, at regular intervals for the remainder of your Subscription Term. By providing a payment method, you authorize BZZR to charge that method at the intervals associated with your Subscription. If any balance remains unpaid, you agree that BZZR may charge the outstanding amount to your payment method or otherwise bill you for the unpaid fees.
(c) Automatic Renewal Terms: To ensure uninterrupted service, all paid Subscriptions automatically renew. Your Subscription will renew for the Subscription period you selected (each a “Subscription Term”) on the anniversary of the initial charge to your Account. As authorized during sign-up, BZZR will charge your Account for the applicable Subscription fee and any sales or other taxes related thereto, unless you cancel before the renewal date.
Each renewal will be for the same Subscription Term as the prior one, unless you and BZZR agree otherwise. Subject to Section 5(d) below, YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME; HOWEVER, ANY FEES CHARGED BEFORE THE EFFECTIVE DATE OF CANCELLATION ARE NONREFUNDABLE. If you cancel, your access to the Service will continue until the end of your current pre-paid Subscription Term, after which it will end. BZZR reserves the right to modify pricing at any time (but not the price in effect for your then-current Subscription Term), upon advance notice to you. If you have not cancelled your Subscription or turned off the auto-renew function within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice.
(d) Cancellation Terms: You may cancel your Subscription at any time, with the cancellation taking effect at the end of your current Subscription Term. You acknowledge and agree that Subscription fees will continue to be charged until the end of that Term and, subject to applicable law, are nonrefundable in whole or in part. No pro-rated refunds will be issued for unused days within the current Subscription Term. If you experience any issues with your cancellation, please contact us at support@bzzr.com for assistance.
The Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”). We do not claim ownership of your User Content. However, by submitting it, you grant us the following license:
When you upload, submit, store, post, display, share or receive User Content to or through the Site or Services, you grant us and those we work with a license to host, use, distribute, modify, run, copy, publicly perform, display, translate, and create derivative works (such as adaptations, or other changes we make so that User Content works better with Services) of your User Content for so long as your User Content remains accessible on or via or stored on or in our Site or Services. This license is for the limited purpose of providing and f urther developing and improving the Site and Services. We may allow our contractors and service providers to exercise our rights in connection with this purpose. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media and format now known or later developed. You are solely responsible for any User Content.
You hereby represent and warrant that:
You acknowledge and agree that BZZR does not control, endorse, or assume responsibility for any User Content or third-party content available on or through the Site or Services. We may refuse to accept or transmit User Content for any reason. We are not obligated to monitor, review, screen, remove, or restrict access to any User Content or accounts, but we reserve the right, in our sole discretion, to do so (including to remove, suspend, or otherwise restrict access to any User Content and accounts including if that User Content (or associated account) violates these Terms or applicable law, or is otherwise objectionable). Our failure to take any such action does not constitute an endorsement of any User Content or a waiver of our rights.
You authorize us to display your username, profile photo, and activity details alongside accounts, ads, offers, or sponsored content on the Site and Services, without compensation.
By submitting any feedback, ideas, information, suggestions, or using any rating feature (collectively, “Feedback”), you hereby irrevocably assign BZZR all right, title, and interest in such Feedback (including any and all intellectual property therein and thereto), and agree BZZR is free to use them for any purpose without attribution or compensation to you. BZZR has no obligation to keep your Feedback confidential.
Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, trade dress and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. The Site and Services are copyright © BZZR., Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from us.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Copyright Agent:
BZZR Copyright Agent
legal@bzzr.com
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was suspended or disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed, suspended or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
BZZR reserves the right, but assumes no obligation, to investigate any violation of these Terms or misuse of the Service, and report violations or suspicious activities to law enforcement authorities, regulators, or other appropriate third parties, and to disclose customer information as appropriate.
Your privacy is very important to us. All information we collect through or in connection with the Site and Services is subject to our Privacy Policy, which is incorporated by reference herein. By downloading, installing, accessing, using, or providing information to or through the Services or Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
We use technologies that maintain records of your browsing session, chats, and other activities on our Site. These technologies may include session replay that maintains a record of your interactions with our Site, chat providers that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with our Site, as well as other technologies that collect and share your interactions with our Site. We use this information for quality control, customer service, fraud prevention, and security in accordance with our Privacy Policy.
The Site and Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website, content, advertisements, or any links or any products, services or other materials therein. The display of any third party website, content, advertisement or link does not imply endorsement by BZZR of the advertisement or linked website or any content therein. You should always read the terms and conditions and privacy policy of a third-party website before using it.
The Site and Services may also offer services or products provided by third parties (“Third Party Services”) such as third party payment processors and third party integrations. You understand, acknowledge, and agree that access or use of any Third Party Services may be subject to terms and privacy policies that are different from ours, and that we are not responsible for such provisions and expressly disclaim any and all liability with respect to them to the fullest extent. Your use of Third Party Services is subject to the relationship between you and the applicable Third Party Service provider and is further subject to the terms and conditions of your agreement with such Third Party Service provider.
The Service may include third-party geo-location or mapping features (e.g., Google Maps/Google Earth). Your use of these features is subject to the applicable third party’s terms and privacy policies.
Additionally, the Services may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. In no event will BZZR be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on the site, or any products, services or other materials relating to any such advertisement, any linked third-party site, or any link contained in a linked site.
Use of BZZR’s mobile application (“App”) requires a compatible mobile device, wireless data service from your carrier, and, in some cases, Internet access from your service provider. You are responsible for obtaining and paying for these services and devices, including all related usage charges
You must also send and receive, at your own cost, electronic communications related to the App, such as administrative messages, service announcements, diagnostic reports, and App updates from BZZR, your carrier, or third-party service providers. If you do not have an unlimited data plan, you may incur additional charges from your carrier. You are solely responsible for any additional subscriptions, connectivity services, or equipment needed to access the App, as well as any third-party fees incurred through use of the App. We do not guarantee that the App will be compatible with your device.
If you download the App, we may send you in-App offers and messages. These offers and messages are built into the App and may include additional terms and conditions. To stop receiving them, you must delete the App. With your permission, we may also send push notifications to your device, which you can disable in your device settings.
We enhance and update the Site and Services often. We may change, add, remove or discontinue any or all portions of the Site or Services at any time, with or without notice to you.
We reserve the right to refuse access to the Site or Services to any person. We may also suspend or terminate any user’s access to any or all portions of the Services (including their account) at our discretion, at any time, and for any or no reason. If you violate these Terms, your permission to use the Site and Services ends automatically. If you do not agree to the Terms or no longer want to use our Services, you can use the technological means we make available to you to delete your account, or otherwise send an email to support@bzzr.com to request that we delete your account, subject always to our rights under these Terms and any additional verification by us. If you choose to delete your account, you will not be able to log in and use your account, reactivate your account or retrieve any of the content or information you have added via your account (even if you choose to register again using the same registration information). Upon suspension or termination of your account, all rights and licenses granted to you under these Terms will cease immediately, and your User Content and account information may be deleted in accordance with our data retention policies, except where the law requires otherwise. BZZR is not responsible for any suspension, termination, or deletion of User Content.
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BZZR AND ITS PERSONNEL, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BZZR AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. BZZR AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE SITE, SERVIES OR ANY CONTENT AVAILABLE THEREBY; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER CONTENT; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; (F) ANY USER CONTENT; OR (G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES (INCLUDING USER CONTENT).
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL, CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU FURTHER AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL NOT HOLD BZZR LIABLE FOR ANY USER CONTENT OR THIRD-PARTY CONTENT, AND YOU WAIVE ANY AND ALL RIGHTS TO PURSUE ANY CLAIM AGAINST BZZR ARISING FROM SUCH CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY OR ONE HUNDRED ($100) DOLLARS.
If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify and hold harmless BZZR and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, (a) any of your User Content, or (b) any actual or alleged: (i) breach of these Terms by you or anyone using your account, (ii) improper use or misuse of the Services, or (iii) violation of any laws, regulations or third-party rights, including infringement of any intellectual property or privacy rights. You further understand, acknowledge, and agree that the foregoing release and indemnification discharges BZZR from any liability or claim you may have against BZZR with respect to bodily injury, personal injury, illness, death, or property damage that may result from your access or use of the Services. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at legal@bzzr.com , of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in these Terms to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date, we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
You and BZZR agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and BZZR or you and a third-party agent of BZZR (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.
To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at legal@bzzr.com. This letter must be sent at least ten (10) business days before you initiate an arbitration proceeding against us.
Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BZZR will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or BZZR from seeking action by federal, state, or local government agencies. You and BZZR also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) business days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and BZZR retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor BZZR may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or BZZR’s individual Claims.
If for any reason a Claim proceeds in court rather than in arbitration, you and BZZR each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
This Arbitration Agreement Section of the Terms will survive the termination of your relationship with BZZR.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BZZR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If twenty-five (25) or more similar claims are asserted against BZZR at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (a “Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner (each a “Third Party Funder”) is directly or indirectly paying or advancing the arbitration fees and costs in a Mass Arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the Third Party Funder(s), on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the Third Party Funder(s) and us in amounts they see fit to ensure a fair division among the parties. Additionally, when permitted under applicable rules, you may be responsible for our arbitration fees and costs.
Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by BZZR. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which BZZR will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by BZZR. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which BZZR will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against BZZR. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
Except as otherwise described in these Terms, these Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
To the extent any action relating to the Site, Services or any transaction with BZZR is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, such action must be brought in the federal and state courts located within California, and you consent to the exclusive personal jurisdiction of such courts.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. These Terms (including those terms and conditions incorporated herein) set forth the entire understanding between you and BZZR with respect to the subject matter hereof and superseded any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and BZZR with respect to such subject matter.
All provisions of these Terms that by their nature should survive termination or expiration shall so survive, including but not limited to ownership, warranty disclaimers, indemnity, and limitations of liability.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
A user’s ability to use the Site or Services is not an endorsement or recommendation by BZZR. BZZR does not endorse, verify, evaluate, or guarantee any information, or User Content provided by users and nothing shall be considered as such unless expressly stated in writing by BZZR.
In these Terms, the words “including” and “include” mean “including, but not limited to” and “or” is not exclusive.
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site and/or notifying you through an in-App notification . Changes to the Terms are effective when posted to the Site.
Under no circumstances will we or our suppliers be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control, including acts of god, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government action, internet disturbance, system or equipment failures not caused by BZZR, power failures, or any other similar event or condition beyond BZZR’s reasonable control that may prevent or delay BZZR from providing its services. In the event of such delay or failure, your sole remedy shall be to cancel your account if such delay or failure continues for a period of thirty (30) days or more.
You further represent and warrant that you are not a Sanctioned Person. “Sanctioned Person”means any entity or individual that is, or is owned or controlled by persons that are, (i) the subject of any sanctions administered or enforced by the United States Department of the Treasury Office of Foreign Assets Control, the United States Department of State, or other relevant sanctions authority; (ii) included in the“Entity List” or the list of “Denied Persons” administered by the United States Department of Commerce, Bureau of Industry and Security; (iii) located, organized, or resident in any country or territory that is, or whose government is, subject to a general prohibition on imports, exports, or financial transactions under the economic sanctions laws of the United States; or (iv) otherwise the subject of the blocking of assets or other restrictions on transacting business with United States persons under any economic sanctions laws applicable to the United States.
PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
These Content Partner Terms (“Content Partner Terms”) govern certain User Content you upload, submit, post, display or share in connection with our Site or Services (or both). Any capitalized terms used but not defined herein have the meaning given to them in the Terms of Service (currently available at www.bzzr.com/terms or such successor URL as updated from time to time).
These Content Partner Terms are Additional Terms. In the event of any conflict or inconsistency between these Content Partner Terms or the Terms of Service, these Content Partner Terms will govern to the extent of such conflict or inconsistency.
As a Content Partner, you must be at least 18 years old to create a Content Partner Account (defined below) and upload, submit, post, display or share content on our Site and Services. If you are under such age, you may use the Site or Services as a Content Partner only with the consent and supervision of a parent or legal guardian. By permitting you to use the Site or Services as a Content Partner, the parent or guardian agrees to be bound by the Terms (including these Content Partner Terms) and to indemnify and hold harmless BZZR for any breach of the Terms by you.
In order to open an account as a Content Partner (“Content Partner Account”) in connection with the Site and Services, you must complete the registration process by providing such additional information and documentation as we may request from time to time and complete our identity verification process. As part of the identity verification process, you may be required to submit valid identification documentation, or otherwise verify your identity using your other technological means we make available to you (including third party social media accounts). All information and documentation consisting of personal information that you provide when opening a Content Partner Account (including when completing our identity verification process) will be subject to our Privacy Policy. If we are unable to verify your identity, you will not be eligible to create a Content Partner Account. BZZR reserves the right, in its sole discretion, to determine whether or not to issue you a Content Partner Account and allow you to participate as a Content Partner. BZZR is not required to provide reasons for any such determination and reserves the right to add or modify any eligibility requirements in its sole discretion. In addition to your personal account, you may have one or more Content Partner Account(s).
Section 6 of the Terms of Service (User Content License; Feedback) shall apply with respect to any User Content that you upload, submit, post, display or share through your Content Partner Account and you acknowledge and agree that such license permits us to control any and all of the ad inventory or other sponsored or branded Content on, in or around the User Content and we have the right to sell ads, enhancements, and sponsorships within and around the User Content. In addition to the license granted in Section 6 of the Terms of Service (User Content License; Feedback), you hereby grant us a limited, non-exclusive, perpetual, royalty-free license to use, distribute, modify, copy, publicly perform, display, translate, and create derivative works of your User Content (or any part thereof) in connection with the marketing and promotion of our Site and/or Services.
In addition to, and without limiting, the representations and warranties in Section 6 (User Content License; Feedback) of the Terms of Service, you further hereby represent and warrant that:
You acknowledge and agree that BZZR is not responsible for any User Content or third-party content uploaded, submitted, posted, displayed, shared or otherwise made available on or via the Site or Services. You are solely responsible for your User Content and any consequences arising from it.
You hereby grant BZZR a limited, non-exclusive, perpetual, royalty-free license to use your name, trademarks, service marks, trade dress, logos and slogans (Your Marks) in connection with (a) your Content Partner Account, (b) attributing you as the source of the your User Content, and (c) marketing and promotion of your User Content on the Site and Services, and (d) marketing and promotion of our Site and/or Services. Notwithstanding the foregoing, BZZR will use Your Marks in accordance with any reasonable brand guidelines you provide.
BZZR retains the exclusive right to monetize the Site and the Services. BZZR may make certain monetization opportunities through the Site or the Services available to you through your Content Partner Account, including the ability to offer premium content or subscriber only content. If you participate in any of these monetization opportunities through your Content Partner Account, you may be eligible to receive certain revenue shares or other fees under this Agreement (“Content Partner Fees”). Unless we otherwise agree with you in writing, the Content Partner Fees are (i) that certain percentage of the Advertising Revenue (currently 70%) we notify you of from time to time, and/or (ii) that certain percentage of the Subscription Revenue (currently 90%) that we notify you of from time to time. Any eligible Content Partner Fees (including such relevant percentages) will be communicated to you in your Content Partner Account. BZZR may update the Content Partner Fees from time to time for any reason at its sole discretion.
"Advertising Revenue" means all revenue actually received by BZZR from advertisements served or displayed in or on your User Content on the Site or Services during a calendar month, less any (a) fees, costs, and other expenses of any kind incurred in connection with the development, maintenance, operation, provision and/or marketing or promotion of the Site and Services including billing or platform fees, licensing costs and fees, advertisements costs, and sales fees; (b) taxes, returns, refunds, chargebacks, discounts, currency exchange fees, and any other applicable credits; and (c) bank and transaction fees.
"Subscription Revenue" means all revenue actually received by BZZR from your User Content that is offered as premium or subscriber only content from your Content Partner Account, less any (a) fees, costs, and other expenses of any kind incurred in connection with the development, maintenance, operation, provision and/or marketing or promotion of the Site and Services including billing or platform fees, licensing costs and fees, advertisements costs, and sales fees; (b) taxes, returns, refunds, chargebacks, discounts, currency exchange fees, and any other applicable credits; and (c) bank and transaction fees.
Content Partner Fees payable to you by BZZR will be paid within thirty (30) days after the end of each calendar month, in United States Dollars unless otherwise indicated, to your chosen preferred payment method as indicated on your Content Partner Account. You are solely responsible for providing and maintaining accurate and complete payment information in your Content Partner Account.
BZZR is not responsible for any taxes arising under this Agreement based upon your net or gross income or gross receipts. BZZR shall be entitled to deduct and withhold from the amounts otherwise payable under this Agreement such amounts as it is required to deduct and withhold with respect to the making of such payment under any provision of federal, state, local or foreign tax law. If BZZR or its agent or affiliate deducts or withholds any such amounts, the amount so deducted or withheld shall be treated for all purposes of this Agreement as having been paid to the person that otherwise would have been entitled to such payment.
You agree (x) to promptly provide us with any information, forms, documents or certifications as necessary to provide payment of the Content Partner Fees, for reporting and tax withholding obligations, or as otherwise requested by us, (y) to promptly notify us if any such information, forms, documents or certifications becomes outdate or invalid, and (z) in such case, to promptly provide us with valid and accurate replacement information, forms, documents or certifications. Without limiting the foregoing, prior to BZZR making any payments to you, you shall provide us with a valid, complete and accurate IRS Form W-9 or appropriate IRS Form W-8, as applicable.
For U.S. federal income tax purposes, BZZR intends to treat any consideration paid to you under this Agreement as consideration paid for services provided by you to BZZR in your capacity as an independent contractor (and not an employee, agent, partner, or joint venturer of BZZR).
You will be responsible for complying with all applicable tax laws and regulations required by persons or entities, as applicable, receiving such payments.
You agree to receive electronic communications regarding your Content Partner Account and any User Content via in-App notifications or any other communications methods as we may make available to you within your Content Partner Account.
You will not make any public announcement, press release, or other disclosures related to this Agreement without the prior approval of BZZR.
From time to time, we may change these Content Partner Terms. If we change these Content Partner Terms, we will give you notice by posting the revised Content Partner Terms on the Site and/or notifying you through an in-App notification. Changes to the Content Partner Terms are effective when posted to the Site.