Terms and conditions

Terms and conditions

 

Preamble

 

Welcome to airG Buzz!

 

 

airG provides the "airG Buzz" services (the “Services”) to mobile phone users throughout the world through a mobile website and mobile application (collectively the “Sites”).  In the United States, the Services and Sites are provided by a joint venture of airG Inc., a Canadian corporation, and airG (USA) Incorporated, a Nevada corporation.  In Canada, the Services and Sites are provided by airG Inc., a Canadian corporation.  In Australia and New Zealand, the Services and Sites are provided by a joint venture of airG Inc., a Canadian corporation, and airG (Australia) PTY LTD, an Australian corporation.  In the rest of the world, the Services and Sites are provided by a joint venture of airG Inc., a Canadian corporation, and airG Coöperatie Worldwide U.A., a Netherlands cooperative. In this End Users License Agreement "airG ", "we" or "our" refers to the member of the airG Group of Companies that is making the Services and Sites available to you.

 

The terms of this End User License Agreement (“EULA”) sets forth the legally binding terms for your use of the Services and the Sites.  By using the Services and/or the Sites, you are accepting this EULA and you represent and warrant that you have the right, authority, and capacity to enter into this agreement.  If you do not agree with all provisions of this EULA, please do not use the Services or the Sites.  This EULA (which includes by reference airG’s Privacy Policy) is the final, complete and exclusive agreement between you and airG with respect to the subject matters hereof and supersedes and merges all prior discussions and agreements between you and airG with respect to such subject matters, including any prior EULAs or Privacy Policies.  Note that airG offers many Services which may be covered by their own Terms of Service; in case there is a conflict between this EULA and any Terms of Service, the agreement with the terms most favorable to airG, as determined solely by airG shall govern.

 

The commencement date of this EULA is the date you first browse the Sites or Services, use, or sign up for any Services  through the Sites and/or purchase any Services, or provide airG with your mobile phone number whichever is earlier.  Your continued use of the Sites or any Service implies your acceptance of any changes to this EULA.The terms of thus EULA will remain in full force and effect while you use the Sites or the Services..

The Services and Sites are not knowingly provided, directed or targeted to children, usage of the Services and Sites will be subject to the following criteria, and the following will apply:

 

           In the United States and Canada, the Service is not knowingly provided to children under the age of 14. If you are accessing the Service from the United States or Canada, you hereby represent, warrant and covenant that you are at least 14 years old.

           In Australia and South Africa, the Service is not knowingly provided to persons under the age of 18. If you are accessing the Service from Australia, or South Africa you hereby represent, warrant and covenant that you are at least 18 years old.

           In all other countries the Service is not knowingly provided to children under the age of 14. If you are accessing the Service from any country other than those listed above, you hereby represent, warrant and covenant that you are at least 14 years old.

The Services and Sites are available for your use if you are able to enter into this EULA and are not a person barred from receiving services under US or Canadian law, not residing in a country that is subject to a US government embargo, or designated by the US government as a “terrorist supporting” country, and you are not included on any US government list of prohibited or restricted parties, or any other reason airG may unilaterally determine at any time.

 

This EULA was written in English (Canada).  To the extent any translated version of this EULA conflicts with the English version, the English version controls.

 

EULA Version Date: April 14, 2014

 

1. Privacy Policy.  PLEASE REVIEW airG’s PRIVACY POLICY AT http://buzz.airg.com/privacy .  THE TERMS OF airG’S PRIVACY POLICY ARE INCORPORATED INTO AND CONSIDERED A PART OF THIS EULA.  Any information you provide to airG is subject to the Privacy Policy.  Through your use of the Services and the Sites, you consent to the collection and use of this information, including the transfer of this information to the U.S. and Canada for storage, processing and use by airG.

 

2. License. Subject to the terms of this EULA, airG grants you a non-transferable, non-exclusive license to (a) use the Sites and the Services for your use, and (b) download, install and use copies of the Services and Sites on mobile devices that you own or control for your use (the “License”).

 

Use of the Sites and the Services are licensed to you.  airG owns all right, title and interest, including all related intellectual property rights, in and to the Sites and the Services. This License is not a sale and does not convey to you any rights of ownership in or related to the Sites or the Services. The airG and Buzz name, logo, and all product names associated with the Services belong to airG, and no right or license is granted to you to use them by implication, estoppel or otherwise. If any third party claims that any of these names and/or logos – or your possession and use of the Sites or the Services or any of them – infringes that third party’s intellectual property rights, airG will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

 

airG reserves all rights not granted in this EULA.

 

3. Restrictions. The rights granted to you in this EULA are subject to the following restrictions.  You agree that you will not:

(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites or any of the Services;

(b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Sites or the Services;

(c) access, tamper with, or use non-public areas of the Sites, the Services, airG’s computer systems, or the technical delivery systems of airG;

(d) access the Sites or the Services in order to build a similar or competitive Sites or Services;

(e) probe, scan, or test the vulnerability of any airG system or network, or breach or circumvent any security or authentication measures;

(f) access or search, or attempt to access or search, the Sites or Services by any means, automated or otherwise, other than through the currently available, published interfaces provided by airG, unless you have been specifically allowed to do so via a separate agreement with airG;

(g) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Sites or Services to send altered, deceptive or false source-identifying information;

(h) interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network by any means including sending a virus, overloading, flooding, spamming, mail-bombing airG, the Sites or the Services or any of them, or scripting the creation of User Generated Content (defined below) in such a manner as to interfere with, or create an undue burden on, airG or its users; 

 (i) facilitate or encourage any violations of this EULA;

(j) remove or destroy any copyright notices or other proprietary markings contained on or in the Sites or any of the Services;

  (k) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services and Sites;

(l) use the Sites or Services to design or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software to modify or interfere with the Services andSites;

(m) use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services and Sites, or that is in transit from or to the Services and Sites, including any software that reads areas of RAM or streams of network traffic used by the Services and Sites, to store information about characters, elements or environment;

(n) intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server or the Services and Sites, whether through the use of a network analyzer, packet sniffer or other device;

(o) bypass any robot exclusion headers or other measures we take to restrict access to the Services and Sites, or use any software, technology, or device to send content or messages, scrape, spider or crawl the Services and Sites, or harvest or manipulate data;

(p) use, facilitate, create or maintain any unauthorized connection to the Services or Sites including (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services and Sites, or (b) any connection using programs, tools or software not expressly approved by airG; and

(q) copy, modify or distribute rights or content from any of the Services or Sites, or airG’s copyrights or trademarks or use any method to copy or distribute the content of the Services or Sites except as specifically allowed in this EULA.

Any future release, update, or other addition to functionality of the Sites or the Services shall be subject to the terms of this EULA.

 

4. Local Laws. airG makes no representation that the Sites or the Services are appropriate for use in locations other than Canada and the United States. You are solely responsible for compliance with all applicable laws, including export and import regulations. Any diversion of the Sites or the Services contrary to Canadian or United States law is prohibited.

 

5. Modification. airG reserves the right, at any time, to modify, suspend, or discontinue the Sites or the Services or any part thereof with or without notice. You agree that airG will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or the Services or any part thereof.  In addition, airG reserves the right to create limits on use at airG’s discretion at any time without prior notice to you.

6. Product Claims.  You agree that airG alone is responsible for addressing any claims by you or a third party relating to the Services or Sites or your possession and/or use of the Services or Sites including (a) product liability claims; (b) any claim that the Services or any of them fail to conform to any legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

 

7. Feedback. If you provide airG any feedback or suggestions (“Feedback”), you hereby assign to airG all rights in the Feedback and agree that airG shall have the right to use such Feedback and related information in any manner it deems appropriate.  airG will treat any Feedback you provide to airG as non-confidential and non-proprietary information. You will not submit to airG any information or ideas that you consider to be confidential or proprietary.


8. Cookies. When you use the Sites or Services, airG may store one or more cookies (a small text file containing a string of alphanumeric characters) on your mobile device that uniquely identifies your browser.  These cookies may store your unique account ID, an API key, your profile information and your username, but no other personal information. Certain Sites may use persistent cookies.  A persistent cookie remains after you close your browser, and may be used by your browser on subsequent visits to the Sites.  Persistent cookies can be removed by following your web browser help file directions.  You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.  However, the Service and Sites may not function properly if the ability to accept cookies is disabled. By using the Services and Sites, you agree to accept the placement of cookies on your browser.

9. Local Storage.  Local storage is a key value data store that is built into modern browsers.  Certain Sites and Services may use such local storage as a data cache to store items the Services and Sites have recently downloaded from the server in order to enhance performance of the Services and Sites.   The Services and Sites will store your profile information in local storage. 

Local storage is stored indefinitely inside your browser.  By using local storage, the Services and Sites make fewer calls to the server and saves on your data consumption.

You may wish to delete local storage through your browser, although some browsers do not allow for such deletion.  If you delete all local storage, the Services and Sites will rebuild local storage the next time you use them.  If you delete part of the information stored in local storage, the Services and Sites may not operate properly.

General Terms

10. Copyright Infringement.  If you believe that your copyright rights have been infringed by the Services or Sites, please provide airG with the written information specified below.  Please note that this procedure is exclusive for notifying airG that your copyright material has been infringed. We will require an electronic or physical signature of the person who is authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites or Services;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by either 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 owner or authorized to act on the copyright owner's behalf.

airG’s Copyright Agent for notice of claims of copyright infringement on its Sites or Services can be reached as follows:

Copyright Agent

airG Legal Department

#710 – 1133 Melville Street

Vancouver, B.C., V6 E 4E5

Canada

E-mail: legal@airg.com

 

11. Third Party Sites and Ads.The Sites and Services may contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). You agree to accept ads from airG as well as from third parties with whom airG contracts so that those third parties can offer their goods and services to you. airG is not responsible for and does not control Third Party Sites & Ads.  airG provides these Third Party Sites & Ads only as a convenience to you.  airG has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you access a Third Party Sites& Ad, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Sites & Ads.

12. Indemnity. You agree to defend, indemnify and hold harmless airG, its officers, directors, employees, contractors, agents and suppliers from and against any and all claims, suits, losses, damages, obligations, liabilities, costs, debts and expenses (including attorneys’ fees) brought by third parties resulting from or relating to (a) your use of the Sites or the Services,  (b) your violation of this EULA, (c) your violation of any third party right, including any intellectual property, property or privacy right, or  You agree not to settle any matter related to this EULA or your use of the Sites or the Services or any of them without the prior written consent of airG.  airG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You agree that airG has no indemnity obligations to you.

13. Release. You hereby irrevocably and unconditionally release and forever discharge airG, its officers, directors, employees, agents and suppliers from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any other Sites or airG users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING.  THAT CODE SECTION STATES: “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 OR HER SETTLEMENT WITH THE DEBTOR.”

14. Disclaimers.  THE SITES AND THE SERVICES ARE AT YOUR SOLE RISK AND ARE PROVIDED “AS-IS” AND AS AVAILABLE AND airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO WARRANTY THAT THE SITES OR THE SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE, (D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT THE SITES OR THE SERVICES OR BOTH, OR ANY FEATURE THEREOF, WILL BECOME EITHER PERMANENTLY OR TEMPORARILY UNAVAILABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

15. Limitation on Liability.
IN NO EVENT SHALL airG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS EULA, THE SITES OR THE SERVICES, EVEN IF airG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS LIMITATION IS APPLICABLE TO LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES OR THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF airG’s SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM airG’s SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.  THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.  YOU SPECIFICALLY ACKNOWLEDGE THAT airG SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ACCESS TO, AND USE OF, THE SITES AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITES OR THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


16. Changes to this EULA.This
EULA is subject to occasional revision. Any changes to this EULA will be effective upon our posting of the most recent version of this EULA on the Sites. These changes will be effective immediately for users of the Sites or the Services. Continued use of the Sites or the Services following posting of the most recent version of this EULA shall indicate your acknowledgement of any such changes and your agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated on this first page of this document. We recommend that you revisit this EULA from time to time to ensure you are aware of any changes.

17. Notice. Any notice provided to airG pursuant to this EULA should be sent to:

airG Inc.

710-1133 Melville Street

Vancouver, BC, Canada V6E 4E5

Attn: Group Corporate Counsel

18. Governing Law; Jurisdiction.This EULA shall be governed by the laws of British Columbia, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia, Canada for the purpose of litigating all such claims or disputes, and you further agree that the Sites and the Services shall be deemed a passive server whose activities do not give rise to personal jurisdiction over airG, either specific or general, in jurisdictions other than British Columbia, Canada. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect airG’s intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.

 

19. Improperly filed claims.  All claims you bring against airG must be resolved in accordance with the Governing Law section above.  All claims filed or brought contrary to the Governing Law section above or any other applicable section shall be considered improperly filed.  Should you file a claim contrary to the governing Law Section above, or any other applicable section, airG shall be entitled to recover attorneys’ fees and costs up to $3000, provided that airG has notified you in writing of the improperly filed claim and you have failed to promptly withdraw that claim.

20. Severability. If any provision of this EULA is, for any reason, held to be invalid or unenforceable, the other provisions of this EULA will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

21. Entire Agreement; This EULA (including airG’s Privacy Policy and any other legal notices published by airG) is the final, complete and exclusive agreement between you and airG with respect to the subject matters hereof (including the Sites and the Services) and supersedes and merges all prior discussions and agreements between you and airG with respect to such subject matters (including any prior EULAs, Terms of Service or Privacy Policies). airG’s failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision. The word “including” means “including without limitation”.  Neither you nor airG is an agent or partner of the other. This EULA, and your rights and obligations herein, may not be assigned by you without airG’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void.  airG may assign this EULA to any of its affiliates or in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your knowledge or consent. The terms of this EULA shall be binding upon assignees.  

22. Force Majeure.  airG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of airG including any failure to perform hereunder due to unforeseen circumstances or cause beyond airG’s control including acts of God, war, terrorism, riots, zombie apocalypse, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

23.Third Party BeneficiaryDownload From Apple Inc.’s App Store.If You obtained the Sites or Services via a download from Apple Inc’s app store then You and airG acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.

 

airG, #710 – 1133 Melville Street Vancouver, B.C., V6E 4E5