Last updated November 30, 2011
Please read these Terms of Service carefully before you start to use the site. By using this website, you indicate that you accept these Terms of Service and that you agree to abide by them. If you do not agree to these Terms of Service, please refrain from using the site. Each time you use the site, the current version of the Terms of Service will apply.
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We are a limited company, registered in Vilnius, Lithuania under company number 302695176 and have our office at Gelezinkelio g. 3-14A, Lithuania.
We are a limited company.
The Goodbuzz Service is hosted in Germany.
You can contact us by the following means:
2.1. SERVICE DEFINITION.
The Service is a platform for advertisers to buy media from people. Advertisers tip people to spread their message to their friends and followers. At the end of a campaign, the tip is split between the people who spread the advertiser's message.
2.2. Main Terms definition.
In these Terms of Service, (i) "ADVERTISER" means collectively any person or entity who participates in the Service by creating a promotion and deposits a tip, (ii) "PROMOTION" means any content created by an advertiser with the purpose to advertise a product or service (iii) "SUPPORTER" means collectively any person or entity who participates in the Service by spreading advertisers' message and receives tips, (iv) "TIP" means a voluntary amount of money deposited by an advertiser to be shared between supporters of his or her campaign relatively to the leads they've generated, and (v) "MARKETPLACE" means the Goodbuzz Service where advertisers create and post their promotions to find supporters, and where supporters discover promotions to support and earn tips. These Terms of Service shall apply to all transactions conducted through the Service.
You agree that any and all information provided during the registration process ("Identification Information") is true, accurate, up to date and complete. You also agree to update and maintain your Identification Information so that it is true, accurate, up-to-date and complete. We reserve the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time.
You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your account. You further agree to notify in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. You also agree to exit from your account at the end of each session with the Service. We will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section. We prohibits the sale or transfer of control of any Goodbuzz account by the registered account holder to any other individual or party.
Advertisers are solely responsible for the content of their promotions listings and for the payment of any identified compensation to Supporters.
We do not review promotions posted by advertisers nor the message spread by supporters. However promotions should comply with Section 8.7 of these Terms of Service relative to forbidden products and services, and prohibited uses.
Advertiser has three (3) days after the end of campaign to request the cancellation of a supporter leads and tips, and should provide supporting material for his or her claim. Failure to do so will result in automatic approval of the supporters leads and result in automatic, non-refundable transfer of the tips to the supporters. Final approval and payment to Supporters will occur within five (5) days after the end of a campaign. We will automatically check for the leads distribution and make payments on Advertiser's behalf to supporters.
This Section 8 applies only to Advertisers participating in the Marketplace.
8.1. TRANSPARENCY & DISCLOSURE.
We require full disclosure by all Marketplace participants. Any attempt to instruct, coerce or manipulate a supporter into hiding the commercial relationship between you and the supporter may result in removal from the Service. Advertiser agrees to comply with all applicable laws and regulations regarding affiliate marketing, word of marketing, endorsement Guidelines, email marketing, etc. in their state and/or country.
Advertiser agrees to pay all amounts due on your account upon demand, and we reserves the right to either suspend or terminate an Advertiser's account, including deletion of your promotions from the Service. Any fees for the Services which are charged to Advertiser account are non-refundable. Advertiser agrees to submit any disputes regarding any charge to your account in writing to UAB Leads Group within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. In the event Advertiser's account becomes inactive for six months a charge of $100.00 per month will be charged against the Advertiser's balance and will continue to charge each month until the Advertiser's balance reaches $0. In the event Advertiser's account becomes inactive for nine months the balance in the account will be charged as an inactive fee. The inactive period will begin upon the completion of an Advertiser's latest promotion. If Advertiser fails to make payment as set forth herein, Advertiser will be responsible for all reasonable expenses (including attorneys' fees) incurred by UAB Leads Group in collecting such amounts. All prices are in United States dollars and other local currencies, and do not include taxes that may be assessed by any jurisdiction. If withholding taxes or any other taxes are imposed by any jurisdiction on the transactions pursuant to this Service, Advertiser shall pay such taxes to ensure that UAB Leads Group receives the full amount invoiced to you without offset or deduction. Advertiser agrees to promptly (i) update all information to keep your account and credit card billing current, complete and accurate (such as a change in billing address or e-mail), (ii) notify UAB Leads Group in writing if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password, and (iii) notify UAB Leads Group in writing if your credit card is canceled. Upon termination, suspension or discontinuation of the Service or Advertiser's participation therein, all outstanding payment obligations incurred by Advertiser under the Service will become immediately due and payable.
8.3. CREDIT CARD CHARGES.
Advertiser authorizes UAB Leads Group to charge Advertiser's credit card (as provided by you) for all charges to your account. Advertiser's non-termination or continued use of the Service reaffirms that UAB Leads Group is authorized to charge Advertiser's credit card. UAB Leads Group may submit those charges for payment and you will be responsible for such charges. UAB Leads Group reserves the right to modify, suspend or terminate the required method of payment for use of the Service at any time, although any pending Promotions will be completed using the method current when you listed the Promotion. If UAB Leads Group modifies the terms of the method of payment, the modifications will be reflected in an updated version of the GOODBUZZ Website. If you do not consent to such modified terms, you must immediately discontinue use of the Marketplace. Advertiser's continued enrollment after any modifications constitutes your acceptance of the terms of the method of payment as modified. Advertiser determines a maximum amount for charges to your account for each Promotion. When you list a Promotion, and for each Promotion thereafter, Advertiser pre-authorizes UAB Leads Group to charge your credit card up to the maximum amount that you specify plus any overages.
8.4. APPROVAL OF SUPPORTERS MESSAGE OR STATUS UPDATES.
Advertiser is required to review SUPPORTERS's message or status updates for compliance with the criteria set forth in Section 8.1
8.5. PROMOTION INFORMATION.
Advertiser agrees that UAB Leads Group is not responsible for any aspect of Advertiser's content or product to be spread by Supporters. Advertiser represents, warrants and covenants that: (i) all information you provide or approve or that is provided on your behalf in connection with the Service is, and will be updated to remain, current and accurate, (ii) the Website to which any links are included in a listed Promotion will look substantially the same to all end users regardless of the end users' location. You acknowledge that Supporters are independent third-parties and not directly controlled by UAB Leads Group. As a consequence, any message or status updates of your content or product(s) will inherently risk negative or unflattering comments about your content, product(s) or company. Advertiser specifically acknowledges and agrees that UAB Leads Group has no control over any message or status updates that may be available or published, and that Advertiser is solely responsible (and assumes all liability and risk) for determining whether or not such message or status updates are appropriate or acceptable to you.
8.6. LEADS AND TIPS DISPUTES.
Advertiser agrees that so long as a supporter has met the requirements as outlined in your Promotion you will not deny payment. Advertiser may not discriminate based on the racial, physical, political, spiritual, age, gender or sexual orientation characteristics of the supporter. Payment will be made to the supporter unless the supporter has violated the Terms of the Service or the specific terms of your Promotion as stated in writing.
8.7. FORBIDDEN PRODUCTS AND SERVICES.
Porn, drugs, hate and violent content, illegal activities, scam or any activity that will harm other people life and property are forbidden. This prohibited products list is not exhaustive and you must ensure that you are legally able to publish, distribute or sell each item included in your promotions.
This Section 9 applies only to Supporters participating in the Marketplace.
9.1. TRANSPARENCY & DISCLOSURE.
Supporters participating in the Goodbuzz Marketplace must clearly disclose in their message or status updates the relationship between themselves and the Advertisers in connection with Promotion-related message or status updates. We require that disclosure be made in a meaningful way that makes clear to an ordinary consumer that there is a relationship between the supporter and the Advertiser. We reserve the right to review and monitor the disclosure practices of all Supporters who participate in the Marketplace and to either require greater levels of disclosure (in the event that we determine in its sole discretion that current disclosure practices are inadequate) or remove the supporter from the Marketplace (in the event of inadequate disclosures). Supporter agrees to comply with all applicable laws and regulations regarding affiliate marketing, word of marketing, endorsement Guidelines, email marketing, etc. in their state and/or country.
9.2. RESPECT OF THIRD PARTIES TERMS AND POLICIES
By posting message on other platforms such as Facebook, Twitter, Linkedin, YouTube, Blogger, wordpress, etc. Supporter agrees to abide by the terms and policies set by these platforms for these kinds of content.
9.3. 3.2. FULFILLMENT OF COMPENSATION.
SUPPORTER acknowledges and agrees that the obligation to compensate supporter for Promotion-related message or status updates resides with the Advertiser, not UAB Leads Group. We merely facilitate such compensation on behalf of the Advertisers. Supporter waives any and all claims or rights of action against UAB Leads Group relating to the failure of an Advertiser to compensate supporter in connection with a Promotion-related leads. In addition, supporter acknowledges that a supporter is: (i) not an employee of UAB Leads Group, (ii) responsible for the payment of any or all taxes on compensation received from an Advertiser, (iii) responsible for any reporting requirements imposed by the laws and regulations, and (iv) responsible for compliance with all other applicable laws and regulations. Supporter further acknowledges that in the event his or her account becomes inactive for six months a charge of $5.00 per month will be charged against the balance and will continue to charge each month until the balance reaches $0. This fee, if charged, is non-refundable. In the event Supporter's account becomes inactive for nine months the balance in the account will be charged as an inactive fee. The inactive period will begin upon the last login activity of the Supporter. This fee, if charged, is non-refundable.
9.4. 3.3. SUPPORTER ELIGIBILITY.
In order to participate in the Goodbuzz Marketplace, Supporter must open an account with Goodbuzz and meet the minimum eligibility requirements. We will not accept certain Supporters as determined by UAB Leads Group in its sole discretion. All messages or status updates relating to Promotions must be in the English language or such other language as is identified in the particular Promotion.
OTHER TERMS AND CONDITIONS
Children under the age of thirteen (13) may not be the target audience of Goodbuzz Promotions and GOODBUZZ strives to protect their privacy. For this reason, Advertisers are prohibited from posting any Promotion that targets children.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR THE SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
The Service and the marketplace may contain links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by UAB Leads Group. UAB Leads Group has not reviewed all of the web sites that are linked to, and UAB Leads Group has no control over such sites. Unless otherwise explicitly stated, UAB Leads Group is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that UAB Leads Group offers such links does not indicate any approval or endorsement of any material contained on any linked site. UAB Leads Group is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the Terms of Service and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the marketplace or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. UAB Leads Group makes no representation or warranty with regard to other Internet webs sites, including, without limitation, any products, services, software or content provided on such sites. You should carefully review their privacy statements and other conditions of use.
Outside of an API provided by Goodbuzz, any attempt to utilize automated programs, bots, screen scraping, database calls, human initiated data collection or any other means of gathering data, content or other information for the purpose of reverse engineering our platform for commercial gain is strictly prohibited.
You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of the Website or Services. In addition, you agree that you will not do, , and will not authorize or encourage any third party to do any of the following while using or accessing the Service:
¥ engage in any activity designed to generate automated, fraudulent or otherwise invalid impressions, clicks or other actions that would increase impressions, page views or click-throughs (including but not limited to incentivized, computerized or otherwise deceptive or artificial means), or the provision of false lead information or multiple leads from a single individual;
¥ use any automated means or form of scraping or data extraction to access, query or otherwise collect promotions related information except as expressly permitted by UAB Leads Group;
¥ involves the transmission of unsolicited mass mailing, unsolicited instant messaging, or other spamming activities;
¥ display any promotion link or URL on any Web page or any Web site that contains any hate-related, violent, pornographic, adult or illegal content;
¥ disseminate malware;
¥ create a new account to use the Service after We have terminated this Terms of Service with You as a result of your breach of this Terms of Service;
¥ engage in any action or practice that reflects poorly on GoodBuzz or devalues UAB Leads Group's reputation or goodwill.
¥ any attempt to artificially generate clicks on your messages and status updates using automated software or by explicitly asking people to click on your message and status updates.
¥ Willfully post or create content disparaging a particular advertiser
¥ disrupt or assist in the disruption of (i) any computer used to support the Service; ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Service.
UAB Leads Group is constantly innovating and changing its Service offering in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which UAB Leads Group provides may change from time to time without prior notice to you. You acknowledge and agree that UAB Leads Group may stop (permanently or temporarily) providing the Services (or any features or functionality within the Service) to you or to users generally at UAB Leads Group's sole discretion, without prior notice to you. You and/or UAB Leads Group may terminate this Terms of Service and/or your participation in the Service at any time, for any reason or for no reason, and UAB Leads Group shall not have any liability regarding such decisions. Sections 17 through 21 of these Terms of Service shall survive any termination of the Terms of Service.
ADVERTISER AND SUPPORTER EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UAB Leads Group DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR GOODBUZZ WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE GOODBUZZ WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY UAB Leads Group. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE GOODBUZZ WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT GOODBUZZ'S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF UAB Leads Group'S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
ANY LIABILITY OF UAB Leads Group TO AN ADVERTISER IN CONNECTION WITH THIS Terms of Service, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO TWENTY-FIVE PERCENT (25%) OF THE AMOUNT PAID BY ADVERTISER TO UAB Leads Group FOR THE SERVICES RELATED TO THE ADVERTISER'S MOST RECENT PROMOTION (EXCLUDING AMOUNTS PAID BY ADVERTISERS TO SUPPORTERS). UAB Leads Group SHALL NOT BE LIABLE TO SUPPORTERS FOR DAMAGES OF ANY KIND ARISING OUT OF HIS OR HER USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL UAB Leads Group OR ANY UAB Leads Group ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE TERMS OF SERVICE. ADVERTISER AGREES THAT ADVERTISER WILL NOT HOLD UAB Leads Group RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE TERMS OF SERVICE, INCLUDING WITH RESPECT TO CLICKS BY ANY THIRD PARTY ON ADVERTISER'S PROMOTIONS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF UAB Leads Group OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
From time to time, We may send notices to you via email or regular mail, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.
We have used our best endeavors to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the England & Wales.');?>
You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to use the Service. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use of the Service by persons an entities in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
These Terms of service shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms of service shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any provision of the Terms of Service is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Terms of Service, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Terms of Service and has like economic effect. UAB Leads Group shall have no liability under the Terms of Service by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control. The parties are independent contractors and nothing in the Terms of Service shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties. Neither Advertisers or Supporters are employees of UAB Leads Group.