Terms of Service
BUENO.COM | TERMS OF SERVICEBueno's Terms of Service
Effective Date: October 1, 2008
Introduction
Welcome to Bueno.com, the next generation social networking site where members can stay in touch with their friends thru online telephone, meet new people and hang out ('Bueno Service'). Bueno.com is operated by Bueno, LLC. ('Bueno') and may be accessed through the Internet and through WAP services provided by certain mobile network providers. By using the Bueno Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to Bueno.com and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE BUENO SERVICE. YOUR CONTINUED USE OF THE BUENO SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Eligibility and Registration
You must be 13 years or older to use the Bueno Service. By registering for the Bueno Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Bueno.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
The Bueno Service is made available for your personal, non-commercial use only. You may not use the Bueno Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Bueno.com Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Bueno have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Bueno Service.
CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Bueno Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Bueno.com.
- Create a false or misleading identity of, including, but not limited to, a Bueno employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the Bueno.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the Bueno Service, other accounts, computer systems or networks connected to the Bueno Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the Bueno Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Bueno.com Service.
- Reformat or frame any portion of the web pages that are part of the Bueno.com Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Bueno Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the Bueno Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the Bueno.com website by electronic or other means.
Bueno does not claim any ownership rights in any Materials that you submit, post, or display on or through the Bueno Services or on the Bueno.com Web site. After submitting, posting or displaying Materials on or through the Bueno Services or on the Bueno.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Bueno Service, you hereby grant to Bueno a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Bueno Service.
Without this license, Bueno would be unable to provide the Bueno Service. For example, without the right to modify your Materials, Bueno would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Bueno could not allow users and Members to listen to music posted by Members. The license you grant to Bueno is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Bueno), fully-paid and royalty-free (meaning that Bueno is not required to pay you for the use on the Bueno Service of the Materials that you post), sub licensable (so that Bueno is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Bueno Service), and worldwide (because the Internet and the Bueno Service are global in reach). This license will terminate at the time you remove your Materials from the Bueno Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Bueno Service, Bueno reserves the right to remove all of your Materials from other Member's pages. The license does not grant Bueno the right to sell your Materials, nor does the license grant Bueno the right to distribute your Materials outside of the Bueno Service. You represent and warrant that: (i) you own the Materials posted by you on or through the Bueno Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Bueno Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Bueno Service.
Bueno, llc. and its affiliates and licensors own and retain all rights in the Bueno.com Web site and Bueno Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Bueno Service by Bueno.com. Except as expressly authorized by Bueno.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Bueno.com's proprietary information. 'Bueno' and 'Bueno.com' and 'ffART' are trademarks of Bueno, llc.
Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Bueno.com Privacy Policy.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Bueno respects the intellectual property rights of others and will terminate any user's access to the Bueno.com website according to these terms of use if Bueno is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below: (i) statement that you have identified material on the Bueno.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Bueno.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: Bueno Copyright Infringement Notification]
Email: copyright@bueno.com
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Bueno. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Bueno in bad faith.
If you believe that any material that you have uploaded on to the Bueno.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which Bueno has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Bueno with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: Bueno Copyright Infringement Counter-Notification]
Email: copyright@bueno.com
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Bueno. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Bueno in bad faith.
Internet/WAP Access
Bueno shall not be responsible for any connection or access to the Bueno.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Bueno.com website via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that Bueno shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Bueno Service via WAP.
Termination of the Bueno Service
These Terms of Service will apply to your use of the Bueno Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Bueno Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Bueno may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Bueno Service, or any part thereof, with or without notice. You agree that any termination of access to the Bueno Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Bueno may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Bueno Service. Where possible, Bueno will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Bueno Service. Further you agree that Bueno shall not be liable to you or any third party for any termination or suspension of access to the Bueno Service or modification of the Bueno Service.
Disclaimer of Warranties
Bueno, Inc. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('Bueno') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Bueno Service.
Bueno further expressly disclaims (1) that the Bueno Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Bueno Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Bueno Service or the content made available as part of the Bueno Service will be correct, accurate, timely, or otherwise reliable. Bueno expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Bueno Service input by other Members is correct or accurate.
BUENO, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE BUENO SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE BUENO SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. BUENO 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, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE BUENO SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity You agree to hold harmless and indemnify, and at Bueno's request defend, Bueno, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Bueno.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Bueno will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE BUENO SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL BUENO, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE BUENO SERVICE, WHETHER OR NOT BUENO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BUENO SERVICE, FROM INABILITY TO USE THE BUENO SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BUENO SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE BUENO SERVICE OR ANY PART OF THE BUENO SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BUENO SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL BUENO BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF BUENO OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED. Notices
Bueno may provide you with notices regarding the Bueno.com Service or these Terms of Bueno Service by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Bueno Services.
Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of Bueno's affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as Bueno.
Without limiting the foregoing, under no circumstances shall Bueno be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Bueno with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
MUSIC
- ACCEPTANCE OF TERMS Bueno Inc. ('Bueno Inc') welcomes you. Bueno Inc provides its service to you subject to the following Terms of Service ('TOS'), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.seeqpod.com/terms.html. In addition, when using particular Bueno Inc owned or operated services, you and Bueno Inc shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Bueno Inc may also offer other services that are governed by different Terms of Service (including but not limited to separate programs for partners, advertisers, video or musical artists, and so forth).
- DESCRIPTION OF SERVICE Bueno Inc provides users with access to a rich collection of resources, including various media, search, recommendation and discovery services through its network of properties and widgets which may be accessed through any various medium or device now known or hereafter developed (the 'Service'). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Bueno Inc to provide the Service. You also understand and agree that the Service may include certain communications from Bueno Inc, such as service announcements, administrative messages and a Bueno Inc Newsletter, and that these communications are considered part of Bueno Inc membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Bueno Inc properties, shall be subject to the TOS. You understand and agree that the Service is provided 'AS-IS' and that Bueno Inc assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Bueno Services; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the 'Registration Data') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bueno has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bueno has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- Bueno PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Bueno and its affiliates.
- MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bueno of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bueno cannot and will not be liable for any loss or damage arising from your failure to comply with Section 5.
- MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ('Content'), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Bueno, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Bueno does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bueno be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
- INTERSTATE NATURE OF COMMUNICATIONS ON THE BUENO NETWORK When you register with Bueno, you acknowledge that in using Bueno services to send electronic communications (including but not limited to email, search queries, uploading files to Bueno, and other Internet activities), you will be causing communications to be sent through Bueno's computer networks, portions of which are located in various locations in the United States and portions of which are now, or in the future may be, located abroad. As a result, and also as a result of Bueno.s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE Bueno does not claim ownership of Content you submit or make available for inclusion on the Service. You retain all ownership rights in Content that you submit or make available; however, with respect to Content you submit or make available for inclusion on the Service, you grant Bueno Inc the worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. You are solely responsible for Content that you submit or make available for inclusion on the Service, as well as the consequences of posting or publishing them. In connection with such Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bueno Inc to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Services and these Terms of Service. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bueno Inc all of the license rights granted herein.
- INDEMNITY You agree to indemnify and hold Bueno Inc and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Bueno Inc ID), use of the Service, or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Bueno Inc may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Bueno Inc has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Bueno Inc reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Bueno Inc reserves the right to modify these general practices and limits from time to time.
- MODIFICATIONS TO SERVICE Bueno reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bueno shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- TERMINATION You agree that Bueno may, under certain circumstances and without prior notice, immediately terminate your Bueno account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Bueno account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Bueno's sole discretion and that Bueno shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
- DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Bueno shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bueno has no control over such sites and resources, you acknowledge and agree that Bueno is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bueno shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- BUENO'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Bueno Inc or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. SEEQPOD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. SEEQPOD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEEQPOD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEEQPOD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUENO INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
- NO THIRD-PARTY BENEFICIARIES
- NOTICE Bueno may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
- TRADEMARK INFORMATION The Bueno Inc logo, Bueno Inc, PodCrawler, Bueno Inc Suggest, Bueno Inc Recommends, seeQr, Bueno Inc Vertical Media Crawlers (VMCs) (in multi-language characters) trademarks and service marks and other Bueno Inc logos and product and service names are trademarks of Bueno Inc. (the 'Bueno Marks'). Without Bueno's prior permission, you agree not to display or use in any manner the Bueno Marks.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT Bueno respects the intellectual property of others, and we ask our users to do the same. Bueno may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide Bueno's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Bueno's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
- GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement between you and Bueno and governs your use of the Service, superseding any prior agreements between you and Bueno with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bueno services, affiliate services, third-party content or third-party software.
- VIOLATIONS Please report any violations of the TOS to info@bueno.com
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed; a
- description of where the material that you claim is infringing is located on the Bueno site, with enough detail that we may find it on the web site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Such written notice should be sent to our designated agent as follows: By mail:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a Bueno Inc official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ('Rights') of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; m. 'stalk' or otherwise harass another; and/or n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Bueno Inc may or may not pre-screen Content, but that Bueno Inc and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Bueno Inc and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Bueno Inc or submitted to Bueno Inc, including without limitation information in Bueno Inc Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Bueno may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Bueno, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Bueno and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Bueno Inc grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Bueno Inc for use in accessing the Service.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
By mail:
Copyright Agent
c/o Bueno Inc.
600 NE 36 ST
Miami,Fl 33137
By email: copyright@Bueno.com
Choice of Law and Forum. The TOS and the relationship between you and Bueno shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Bueno agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California.
Waiver and Severability of Terms. The failure of Bueno to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Bueno account is non-transferable and any rights to your Bueno ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Copyright and Intellectual Property Policy & Infringement Notification
Although Bueno Inc does not host content it encourages the adherence to the Digital Millennium Copyright Act (DMCA. The Digital Millennium Copyright Act and the doctrine of Fair Use shield search engines from liability. Without the ability to link to hosted content on the Internet the search engine industry would not be able to exist. Removing links to content on the Internet that cannot be found anywhere else is a form of censorship and counter to the principles Free Speech.
Bueno Inc respects the intellectual property of others, and we ask our users to do the same. Bueno has no responsibility for content on other web sites that you may find or access when using Bueno.s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the Bueno Terms of Service, govern your use of that material.
It is Bueno's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Bueno and/or others.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Bueno's Copyright Agent with the following information (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
Bueno's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Bueno Inc.
600 NE 36 ST
MIAMI,FL 33137
By email:
copyright@bueno.com
Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Bueno Inc.
600 NE 36 ST
MIAMI ,FL 33137
By email:
copyright@bueno.com