2. Homepack Buzz Service
Buzz Launcher, a downloadable software application for mobile devices, allows its users to upload and download Homescreen contents ("Homepack"), including wallpaper, applications, widgets, folder, shortcuts, actions, grid, margin, appearance setting or other materials uploaded, downloaded or appearing on the Services ("Submissions"). The Homepack Buzz Services are free to download and free to use on Wi-Fi networks. When Wi-Fi is not available, however, your mobile communications device or mobile services network provider may charge you for using the Homepack Buzz Services based on your individual mobile data plan. If a foreign mobile services network provides the connection required to access or use Service while traveling outside of your home country, as opposed to a Wi-Fi network, international roaming charges may apply. You agree that you will be responsible for any and all charges coming from your mobile network provider related to the use of Homepack Buzz Service.
By accessing or using Homepack Buzz Service, you represent, warrant, and covenant that you are at least 13 years old or that you are a parent or legal guardian who has read these Terms and consent to them on behalf of the minor who will be accessing or using Homepack Buzz Service.
4. Third Party Technologies and End-User License Agreements
You may be required to enter into separate end-user license agreements with third parties in order to access or use Homepack Buzz Service. To access or use Homepack Buzz Service, Homepack Buzz Service's software must be loaded on, embedded in, combined, distributed, used with or downloaded onto third party software applications, programs, devices, products, and/or hardware. Should there be any inconsistency between these Terms and the third party end-user license agreements, these Terms shall be controlling.
When using Homepack Buzz Service software in conjunction with third party technologies, certain features/functions of Homepack Buzz Service may not be available or accessible. We cannot and do not guarantee the availability on nor connection with third-party technologies.
5. Ownership Rights
We assert our full and exclusive ownership rights over Buzzpia's proprietary content. Buzzpia's proprietary content includes but is not limited to all software, trademarks, graphics and logos. Buzzpia's proprietary content excludes information submitted by users while utilizing Service. Homepack Buzz Service's proprietary content is protected under the laws of the Republic of Korea (South Korea) and international laws.
You may not copy or use the Homepack Buzz Service's proprietary content without our express authorization.
6. User Contents
Homepack Buzz Service allows you to upload, download, display, store, and distribute contents including Homescreen, comments, and other similar materials. ("User Contents") You retain all rights in, and are solely responsible for, the User Content you post to Homepack Buzz Service.
When you make an upload utilizing Homepack Buzz Service, you grant Buzzpia and its affiliates, representatives, and users, a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, buzz, modify, create derivative works, perform, and distribute your User Content on Homepack Buzz Service solely for the purposes of operating, developing, providing, and using Homepack Buzz Service.
This includes the right to create copy, disseminate, broadcast, and otherwise transmit your whole or partial of User Contents to the general public. All submissions are follows Creative Commons (CC BY-NC-SA) license. Under this license, you many free to copy, distribute and transmit other's User Contents by specifying the author or licensor. However, you not allow to use this work for commercial purposes or to use this work in other services. (http://creativecommons.org/licenses/by-nc-sa/3.0/)
7. Use of Homepack Buzz Service
You are responsible for all Submissions that you publicly post or privately transmit on Homepack Buzz Service. By making a Submission, you are promising that you are legally entitled to submit the materials, free of restrictions, and that the materials do not violate any contractual restrictions. In addition, you are promising that your Submission does not infringe on a third party's intellectual property rights, privacy rights, publicity rights, or other legal rights. You agree to use Homepack Buzz Services for only lawful purposes.
You agree NOT to use Homepack Buzz Services:
- To violate any laws or regulations of the jurisdictions to which you are legally subject;
- To violate or infringe upon a third-party's intellectual property, privacy, or other rights;
- To transmit anything that is unlawful, abusive, harassing, harmful, defamatory, libelous, pornographic, indecent, profane, obscene, hateful,
racially or ethnically offensive, or otherwise objectionable;
- To stalk, harass, or harm another individual;
- To transmit any malicious or unsolicited code, files, or programs designed to harm, interfere or limit the normal operations of the Homepack Buzz
Services or the normal operations of any user's software or hardware components;
- To impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity, including Homepack
and its employees as well as agents;
- To violate any requirements, procedures, policies or regulations of servers or networks connected to Homepack Buzz Service; and
- To otherwise interfere with or disrupt Homepack Buzz Services, including any servers or networks connected to Homepack Buzz Service.
8. Homepack Buzz Usernames and Other IDs
We reserve the right to reclaim any usernames and other unique IDs on behalf of businesses or individuals that we believe infringe upon a third-party's trademark rights or other legal rights. We also reserve the right to terminate any and all accounts of those users found to be infringing upon the trademark rights or other legal rights of third-parties. Upon termination or cancellation of your account, you acknowledge and agree that you will lose access to the Homepack Buzz Services, any data stored on Homepack Buzz servers, and your username. You also agree to be responsible to any third parties for damages arising out of the termination or cancellation of your account.
We respect intellectual property rights. We reserve the right to remove any content that violates applicable copyright laws and to terminate the accounts of any and all users that infringe upon the copyright laws of third parties. You agree that Buzzpia may remove any content violating applicable copyright laws and agree that we may terminate your account for infringement of copyright laws.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us and include the following information in the notice:
- Identification of the original work whose copyright has been infringed, or, if multiple copyrighted works are covered by a single notification,
a list of such works; Identification of the material infringing upon a copyrighted work and information sufficient to permit Buzzpia to locate
the infringing material on Homepack Buzz;
- Information sufficient to permit Buzzpia to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A signed 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 signed statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are
the copyright owner or an authorized agent acting on the copyright owner's behalf.
Please send us all of the information described above by e-mail at firstname.lastname@example.org
10. Third-Party Links to Other Application/Widget
Homepack Buzz Service may contain links to third-party applications, widgets, websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Buzzpia. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party links to other application, widget, website, service, or content from Homepack Buzz Service, you do so at your own risk and you agree that Buzzpia will have no liability arising from your use of or access to any third-party website, service, or content.
12. Homepack Buzz Service Modifications
We modify, enhance, and update Homepack Buzz Service often, to provide you with the best services available. We may also need to discontinue the services we offer from time to time. We retain the right to modify, temporarily pause, or discontinue Homepack Buzz Services, with a [thirty (30)] days prior notice to you. You agree that Buzzpia shall not be liable to you or any third party for any consequences resulting from modifications made to, or the discontinuance of, Homepack Buzz Service.
13. Restriction and Termination
You agree that Buzzpia may restrict your access to Homepack Buzz Service due to its shortage of service related facilities or may discriminate your access by subdividing service hours, frequency, or service menu under its internal policy.
You agree that Buzzpia may restrict your access to Homepack Buzz Service for protection of your information or efficiency of its operation under its restriction of use rule if you have not logged in for more than one (1) year.
You may apply for termination of the Terms at any time, at your discretion. Buzzpia shall process the application without delay according to its related laws.
You agree that Buzzpia may deny your access to Homepack Buzz Service and may terminate your access to Homepack Buzz Service at any time, at Buzzpia's discretion. If you violate any of these Terms, your permission to use Homepack Buzz Services will automatically be revoked and terminated. Buzzpia will give a notice to you by email or text message in such case as restriction or termination.
14. Disclaimer of Warranties and Limitations on Our Liability
YOU AGREE THAT USE OF HOMEPACK BUZZ SERVICES SHALL BE AT YOUR OWN RISK. HOMEPACK BUZZ IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Buzzpia AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SERVICE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
YOU ACKNOWLEDGE THAT Buzzpia AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE ON OR THROUGH HOMEPACK BUZZ, OR THE CONTENT OF ANY APPLICATION OR RESOURCES LINKED TO OR FROM HOMEPACK BUZZ. YOU AGREE NOT TO HOLD Buzzpia OR ITS AFFILIATES RESPONSIBLE FOR: (a) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURIES OR PROPERTY DAMAGES YOU MAY SUFFER RESULTING FROM YOUR ACCESS TO OR USE OF HOMEPACK BUZZ; (c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; (d) UNAUTHORIZED ACCESS TO OR USE OF ANY PERSONAL OR FINANCIAL INFORMATION IN OUR POSSESSION; (e) ANY INTERRUPTION TO OR CESSATION OF TRANSMISSIONS TO OR FROM HOMEPACK BUZZ; (f) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH HOMEPACK BUZZ BY ANY THIRD PARTY; OR (g) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH HOMEPACK BUZZ.
FURTHERMORE, YOU ACKNOWLEDGE THAT Buzzpia AND ITS AFFILIATES DO NOT ENDORSE, GUARANTEE, PROVIDE WARRANTIES, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH HOMEPACK BUZZ OR BY WAY OF ANY LINKED APPLICATION. YOU AGREE NOT TO HOLD Buzzpia AND ITS AFFILIATES RESPONSIBLE FOR FACILITATING OR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU AGREE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HOMEPACK BUZZ IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING THEREFROM. YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OFFERED BY Buzzpia OR THROUGH HOMEPACK BUZZ, WILL CREATE ANY WARRANTIES, UNLESS EXPRESSLY MADE IN THESE TERMS.
YOU AGREE THAT Buzzpia, ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF HOMEPACK BUZZ OR TO THE LINKS OF THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Some jurisdictions prohibit the disclaimer of certain warranties and implied terms in contracts with consumers or the limitation and/or prohibit the exclusion of liability in contracts with consumers. Accordingly, some or all of the above limitations and disclaimers may not apply to you. To the extent Buzzpia may not disclaim warranties or limit liabilities in these jurisdictions, the scope and duration of the disclaimer and the extent of Buzzpia's liability shall be the minimum permitted under such laws.
You agree to indemnify, defend, and hold harmless Buzzpia, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information, including Submissions, that you or anyone using your account or device submit, post, or transmit using Homepack Buzz Service; (b) the use of Homepack Buzz by you or anyone using your account or device; (c) the violation of these Terms by you or anyone using your account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Buzzpia in asserting any available defenses and agree to remain liable for the matter.
16. Force Majeure
You agree to relieve Buzzpia of all liability and responsibility for any delay or failure in performance due in whole or in part, directly or indirectly, to any acts of nature, forces or other causes beyond its reasonable control.
17. Other Provisions
These Terms shall be governed by and construed in accordance with the laws of South Korea. You and Buzzpia agree to file any action at law or in equity arising from or relating to these Terms, Homepack Buzz Service, or Buzzpia in the courts located in South Korea; and you consent and submit to the personal jurisdiction of the courts located in South Korea for the purposes of any such action. If any provision of these Terms is found to be unlawful, void, or unenforceable by a court with proper jurisdiction, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of all remaining provisions. The failure of Buzzpia to enforce any right or provision contained in these Terms will not be deemed a waiver of that right or provision.
We always welcome and appreciate your comments about your experience using Homepack Buzz Service and your suggestions on ways to improve our services and products. Any and all comments or suggestions you provide us are treated as voluntary and subject to these Terms. You agree that Buzzpia may use or not use such comments and suggestions freely, without any obligation to you, including compensation for any contributions you make to the improvement of Homepack Buzz services.