TERMS AND CONDITIONS

THIS WEBSITE IS OWNED AND OPERATED BY BUZZSHOOTS ENTERTAINMENT INC. (“BUZZSHOOTS”, "WE” AND “US”). ACCESS AND USE OF THIS WEBSITE (THE "WEBSITE") AND ITS RELATED SERVICES (THE "SERVICES") ARE PROVIDED BY BUZZSHOOTS TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.  

These Terms of Use govern the relationship between you, the Website visitor and/or member (“you”) and BuzzShoots with respect to your use of this Website and its related Services.  You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.  You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

We reserve the right at any time to change:

  1. the terms and conditions of these Terms of Use;
  2. this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available;
  3. any fees or charges, if any, related to the use of this Website or the Services; and
  4. the equipment, hardware or software required to use and access this Website or the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this website.  Your continued use of this Website or the Services after such notice will be deemed acceptance of such changes.  Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.  

You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services. You may only use this Website and the Services for lawful purposes.

  1. JURISDICTION  

You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services.  Minors are not permitted to use the Website or Services.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.

Your Account (as defined below) may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Website or the Services is not allowed.  

  1. PRIVACY

BuzzShoots is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website or use the Services.  Please see our Privacy Policy for further details.   

You acknowledge and agree that access to and use of this Website and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.  

  1. ACCOUNTS

In order to access and use certain of the Services available on this Website, you may sign up for, open and maintain an account with us (“Account”).  Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use.  If you do not agree to these Terms of Use, you may not sign up for an Account.  

During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password.  Your information may be used by us:

All of the information you provide to us or that we collect from you in connection with your use of the Website or the Services will be governed by these Terms of Use. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Website or the Services and, in our sole discretion, to report you to the appropriate authorities.

We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.

You must not choose a username that infringes the rights of any third party, impersonates any BuzzShoots employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.  

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You cannot transfer your Account to any other person, or permit anyone to use same.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

  1. PERSONAL USE ONLY

This Website and the Services are only for personal use.  You may not use this Website or the Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.  

  1. CODE OF CONDUCT

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of BuzzShoots’ computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.  BuzzShoots may, without notice, temporarily suspend your, or any other party's, access to this Website or the Services by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as BuzzShoots may reasonably determine is necessary to permit the thorough investigation of such suspended activity.  

While using this Website or the Services you agree to comply with all applicable laws, rules and regulations.

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.  

  1. AVAILABILITY

While we endeavour to keep downtime to a minimum, we can't promise that this Website or the Services will be uninterrupted, secure or error-free.  We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.

  1. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website and the Services and that you shall be solely responsible for all charges and fee related thereto.

  1. CURRENCY OF WEBSITE

BuzzShoots updates the information on this Website and the Services periodically. However, BuzzShoots cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website and the Services. BuzzShoots may revise, supplement or delete information, services and/or the resources contained in this site and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.

  1. LINKED WEBSITES

This Website or the Services may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that BuzzShoots monitors or endorses these websites. BuzzShoots does not accept any responsibility for such websites.  BuzzShoots 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 the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

  1. INTERNET SOFTWARE OR COMPUTER VIRUSES

BuzzShoots shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or the Services or other content from this Website. BuzzShoots recommends that you install appropriate anti-virus or other protective software.

  1. PURCHASE OF CELEBRITY VIDEOS

The Website enables you to purchase and send a customized video from famous celebrities (“Celebrities”) across the world through e-mail and text message.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE ACCURATELY ENTERED ALL OF THE APPLICABLE INFORMATION CORRECTLY. ONCE YOU HAVE CONFIRMED YOUR PURCHASE, WE ARE UNABLE TO CANCEL YOUR PURCHASE OR PROVIDE YOU WITH A REFUND.  
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE OBTAINED ALL NECESSARY CONSENT OF THE RECIPIENT FOR US TO SEND SUCH PERSONS THE CELEBRITY VIDEO THAT YOU HAVE PURCHASED. FOR THE AVOIDANCE OF DOUBT, SUCH CONSENTS COMPLY WITH CANADA'S ANTI-SPAM LAWS.  

  1. PAYMENT OF CELEBRITY VIDEOS

If you wish to purchase celebrity video through the Website, please note that we use Stripe, Inc. (“Stripe”) to execute any such online payment transactions. By using this feature of the Service, you agree to be bound by the Stripe Connected Account Agreement available at https://stripe.com/connect/account-terms. This may be updated from time to time.

By providing us with your banking or other payment information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize on the Service.

Under no circumstances will we be responsible:

  1. for any charges that Stripe or your credit card issuer may apply to you as a result of our processing your order;
  2. if Stripe or your card issuer refuses or fails to authorize payment by you; or
  3. for any delays or non-delivery of the celebrity video that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.  

OUR MATERIALS
This website is the property of BuzzShoots and any parent company and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.  

  1.  DISCLAIMER

THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BUZZSHOOTS DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT WE: (I) ARE SIMPLY AN ADMINISTRATIVE AGENT ACTING AS AN INTERMEDIARY BETWEEN YOU AND A MERCHANT; AND (II) DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CHARACTER OR QUALITY OF ANY MERCHANT'S GOODS AND SERVICES.  AS SUCH, BUZZSHOOTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE HELD LIABLE FOR ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM A CELEBRITY.

  1. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE SERVICES INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.  MERCHANTS ARE REQUIRED TO HONOR ALL PURCHASES OF VIDEOS AND ANY DISPUTES MUST BE HANDLED DIRECTLY WITH THEM.  BUZZSHOOTS ASSUMES NO RESPONSIBILITY IN THE EVENT THAT A MERCHANT FAILS TO SEND A VIDEO OR CEASES TO EXIST.  

IN NO EVENT SHALL BUZZSHOOTS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, BUZZSHOOTS’ TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE AND/OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.  

  1. INDEMNIFICATION

YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE.

  1. TERM & TERMINATION

You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that BuzzShoots shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time.

BuzzShoots may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Website and the Services and/or terminate these Terms of Use (including any of the licenses granted hereunder).  Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof.  Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Website and the Services.

Sections 10 and 13 - 20 will survive any termination or expiry of these Terms of Use.

  1. NOTICE

If you need to contact us regarding this Website, the Services or these Terms of Use, please e-mail us at info@buzzshoots .com. You can also contact us via mail addressed to:

BuzzShoots Entertainment Inc.
1565 Winnipeg Street        
Regina, Saskatchewan
S4P 1E6

  1. YOUR COMMENTS

Feel free to email your comments, suggestions and feedback ("Comments") to BuzzShoots at the e-mail addresses provided in this Website or the Services. However, the Internet is not a fully secure medium and any communication may be loss, intercepted or altered. BuzzShoots is not liable for any damages related to communications to or from this Website or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) BuzzShoots has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) BuzzShoots may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful and do not violate the legal rights of others.  

  1. MISCELLANEOUS

These Terms of Use is governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regards to its principles of conflicts of law.  Subject to the obligation to arbitrate below, you agree to personal jurisdiction of the courts located in located in Regina, Saskatchewan, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Website or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Website or Services, which cannot be amicably resolved, (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Saskatchewan in English and in accordance with the UNCITRAL Arbitration Rules, except as such rules are modified or waived herein.  Although the appointing authority shall be a Justice of the Court of Queen's Bench of Saskatchewan, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to:

  1. waive any right you may have to commence or participate in any class action against BuzzShoots relating to any Claim;
  2. opt out of any class proceedings against BuzzShoots; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, BuzzShoots reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.  

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use (which incorporates by reference our External Privacy Policy sets out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.  These Terms of Use are not assignable, transferable or sub-licensable by you except with BuzzShoots’ prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on December 1, 2015.