Last modified: November 16, 2022

Terms and Conditions
Chain.Buzz

Terms and Conditions

Terms and Conditions Version Date: November 16, 2022

 

These terms and conditions (“Terms” and/or “T&C”) are between CUnfolded S.R.L, a Romanian Limited Liability Company (S.R.L.) (“Chain.Buzz”, “chain.buzz”, “CHAIN.BUZZ”, “CB”, “us” or “we”) and the person or entity (“you” or “Customer”) using Chain.Buzz’s websites, reports and services (the “Platform”). By using the Platform, you agree to be bound by these Terms. If you do not agree to the Terms, do not use the Platform. These Terms are subject to change at any time; we therefore encourage you to periodically review the Terms to ensure that you are aware of any changes. On occasion, Chain.Buzz will notify all users of changes in the Terms and Conditions. By continuing to use the Platform after the Terms are updated, you agree to be bound by the most current version of the Terms.

 

1. ELIGIBILITY

1.1 Eligibility

You must be at least 18 years old to use the Platform and assume the obligations set forth in these Terms.

 

1.2 Registration as a Condition to Use

Only registered users (each, a distinct “User”) may use the Platform. By using the Platform, you warrant that you are a User. As a User, you shall not allow third parties to access the Platform using your account, and you are personally responsible for any use of the Platform through your account, whether by you or a third party.

 

1.3 Acting on Behalf of Third Parties

If you are using the Platform on behalf of a corporation or entity that you represent, you warrant that such person has agreed to be bound by these Terms. You agree that if you fail to properly obtain such person’s consent to be bound by these Terms, you will bear all responsibilities and liabilities of such person.

 

2. THE PLATFORM

2.1 Description

The Platform is a publicity/marketing/advertising semi-automated platform through which you authorize us to use automated tools to format, display, publish and share multimedia content, including text, data, details, photographs, graphics, video or other information (“Content”) on digital websites, blogs, social media platforms and other digital media supports (“Reach”). All the packages and services that can be acquired through our platform can be transparently identified, including details and pricing, under “PR Services”, “Media Coverage”, “Other Services” (each, a distinct “Service”). We may make certain tools available to assist you in using the Platform.

 

2.2 Distribution Time

The Platform allows you to choose between “Immediate” and “At a specific date” distribution time options (“Distribution Time”). This enables the Platform to take all required measures in order to get the desired Content published on the selected Reach at the desired Distribution Time. Given the various number of Service packages and the complexity of each one, Chain.Buzz cannot guarantee the desired Distribution Time will always be met.

 

2.3 Article Writing and Content Submission

Chain.Buzz allows you to either directly submit your article or let our expert writers create it for you (“Article”) based on the notes you will share once you complete the order. We guarantee the article written by our team members will always pass all compliance requirements imposed by each Reach individually. The User will always ensure that all Content submitted for publication is always done according to general compliance requirements and according to any specific compliance requested by the targeted Reach. Any required changes will be communicated to the Users, in order for them to take the required actions and ensure the compliance of all submitted Content.

 

2.4 Medium Ownership

Chain.Buzz does not own or operate any of the Reach available on the Platform. All Reach available through the Platform is owned or operated by Third Party Entities. Chain.Buzz only facilitates distribution of Content on available inventory of all Reach connected to the Platform.

 

2.5 Audience and Stats

Chain.Buzz does not have access to audience data collected by the Reach affiliates. In any situation, the User will always receive a report shared on Google Sheet or published links on the Reach (“Report”), where they can access direct links to all Content published on the acquired Reach. Chain.Buzz cannot be expected to provide data analysis and is not responsible for the accuracy of general audience data, statistical data or general statistics which could be provided. Any accessible data-related information obtained via statistical data should always be regarded with a margin of error.

 

2.6 Content changes

Bringing changes to the drafted version of any Content is possible until the User accepts the final version for publication. Once the User submits or confirms the final version of the Content for publication, he understands that if all compliance tests are passed and publication is submitted to the acquired Reach, any later edits will not be possible. The only way of bringing changes to incorrect content already published is by issuing a correctional communication. A correctional communication can be done by acquiring another identical Service package as the one initially submitted.

 

2.7 Performance and ROI

Chain.Buzz is not responsible for and cannot guarantee any performance/underperformance and ROI levels. The User acknowledges that any such indicators are solely their responsibility, and these cannot be quantified given that all Reach available is owned and operated by Third Party Entities. Chain.Buzz has no ability to obtain nor influence any such indicators.

 

2.8 Proof of Delivery

In all cases, Chain.Buzz will always provide a visual Proof of Delivery for all placed orders. A Report shared on Google Sheet or direct published links on the acquired Reach will always be shared, based on mix and match of each acquired Service. The User understands that there are exceptions in which such Proof of Delivery cannot be quantified as links and in some cases the Report will be shared in the form of images or documents. (.jpg, .png, .pdf, etc).

 

3. INTELLECTUAL PROPERTY

3.1 License

We hereby grant you a worldwide, non-exclusive, revocable, limited, personal, non-sublicenseable and non-transferable license to use the Platform in accordance with these Terms; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in such Platform.

 

3.2 Publicity

You (a) authorize us to identify you by name and/or logo as a customer of the Platform in any format and for marketing purposes or any other purpose that we deem useful, and (b) grant us a limited license to use and display your trademarks, logos and feedback for such purpose. You may opt out of this section by submitting a written request to us using the contact information provided in Section 6.9 of these Terms.

 

3.3 Customer Data

You authorize us to retrieve and analyze any and all information about your use of the Platform. In so doing, you are deemed to grant Chain.Buzz a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to index, catalog, transcribe, and/or perform other meta-analysis of your Content, and to use or make publicly or privately available such information as we deem appropriate, without any payment or restriction. You also agree that Chain.Buzz has the right to monitor and review your use of the Platform from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with Chain.Buzz’s Cookie Policy.

 

4. USE OF PLATFORM

4.1 Personal Account

As a User, you will be required to create an account, which will be associated with a username and a password. Your Chain.Buzz account is for your exclusive personal use. You may not authorize others to use your account, nor may you assign or transfer your account to any other person or entity.

  • 4.1.1 Your account is associated with a username, a password and an email; and you are responsible for protecting all. If you believe the security of your username, your password or email and/or your account has been compromised, you must contact us immediately using the contact information provided in Section 6.9 of these Terms.
  • 4.1.2 When creating an account, you may be asked to provide information such as contact information and billing information. You warrant that all such information you provide is complete, accurate, and current and that we may rely on such information. Chain.Buzz will check, on occasion, with registered authorities, the accuracy of this information.

4.2 Content

You retain all rights, title and interest in and to your Content. By submitting Content for display on the Platform, you agree to the following:

  • 4.2.1 You are solely responsible for and assume all liability for your Content and bear all risks and liability associated with using the Platform to display the Content.
  • 4.2.2 You warrant that the Content does not contain misleading, false, illegal, scam-wise or inappropriate information or otherwise violate any local, state or country laws as well as morality rules and regulations.
  • 4.2.3 You warrant that you own or otherwise control all rights (including but not limited to copyright and trademark rights) necessary to use the Content and that our display and use of such Content will not infringe or violate the rights of any third party.

4.3 Payment and Collections

You will only be charged for the presentation of your Content on a Reach. In addition to our fees, you are responsible for all taxes and other government charges associated with the display of your Content. All payments are made in advance and all services begin to be offered once the order is placed and payment is confirmed by the chosen payment method available on our website. According to EU and Romanian VAT regulations and laws, all EU customers must provide a valid VAT ID number. For EU individuals or residents without a valid VAT ID number, there is a 19% additional charge applied. For EU businesses with a valid VAT ID number and for all non-EU countries, there are no additional charges.

The Users agree to pay any required additional fee (VAT or other fees) which will be generated by not completing or improperly completing all required details once finalizing payment. Payment of fees (VAT or other types) due hereunder shall not be subject to set off, counterclaim, adjustment, reduction or otherwise by virtue of any actual or potential claim against Chain.Buzz.

 

4.4 External Destinations

You are solely responsible for all external destinations to which your Content may direct viewers (each, a “Destination”), including but not limited to physical locations, websites, e-mail addresses, social media groups or accounts. You are solely responsible for any products or services offered at such Destinations. By posting Content that directs viewers to a Destination, Chain.Buzz does not endorse or become affiliated with such Destination.

 

4.5 Other Policies and Guidelines

Your use of the Platform is subject to the Compliance Guidelines and any other policies and guidelines that we may put in place. We reserve the right to augment or modify such policies and guidelines at any time without prior notification.

 

4.6 Refusal and Removal of Content

Content can be refused and removed by both Chain.Buzz or any Third Party Entity paid for as Reach at any time if any of the 2 entities, in their sole discretion, determine that such content violates the Compliance Guidelines, is illegal, otherwise offensive to the community or does not comply with Section 4.2.2. We believe that our medium is an outlet for free speech; however we balance that role with a strong commitment to adhere to community standards and to ensure that the messages placed on our inventory are not offensive towards any business, group or individual. We carefully evaluate all requests for advertising placement on a case-by-case basis and make the best decision for our clients, our company and the communities in which we operate.

 

DISPLAYED CONTENT; OUTAGES AND INTERRUPTIONS

 

4.7 No Guarantee of Display

We guarantee that your Content will be present on selected Reach based on the services booked and paid for on the Platform; and approved by the moderation team, unless there is an outage on any or all of the selected Reach media or unless any or all Reach media become temporarily blocked or partially unavailable. If your Content is not presented on an acquired Reach, you will not be charged or will be reimbursed fully, or partially, depending on what services were delivered from the acquired Service package (writing, design work, editing, proofreading, SEO improvement, audit etc). Reimbursements can be either in cash or in alternative Chain.Buzz Service packages, to be used as alternatives or on future campaigns.

 

4.8 Outages and downtimes

Reach entities are subject to various outages or downtimes, which may restrict our ability to display, edit, or remove Content. If such outages or downtimes occur, you will only be billed for publication of your Content on a Reach, consistent with the description of the acquired Service packages. You acknowledge that during an outage or extended downtime, the ability to share a Report that is already published on a Reach may be delayed for an undefined period of time, and you agree that the Report links can be available and accessible on the Reach once the outage or downtime is resolved.

 

4.9 Partial Display Failures

Reach entities are subject to various software, hardware, and other digital or physical environmental conditions which may cause Content to be only partially displayed or partially visible on the Reach (a “Partial Display Failure”). At our sole discretion, we may determine that a Partial Display Failure has reduced the value of the presentation of your Content and may, at our sole discretion, reduce the fees associated with such presentation or waive them entirely. There is a clear differentiation and it is crucial to separate and understand that non-compliant Content which is accepted with edits are not to be considered Partial Display Failure situations. Also, each Reach entity individually may accept or refuse do-follow, no-follow, featured images, standard links, etc which can be included in the Compliance Guidelines and which can suffer changes without the Third Party Entities informing Chain.Buzz in advance. This cases are also not considered Partial Display Failures, and will be integrated as real-time updates in the Compliance Guidelines.

 

5. WARRANTIES, DISCLAIMERS, AND LIABILITY

5.1 General Disclaimers

We have no fiduciary duty to you. You alone are responsible for your use of the Platform and the consequences thereof.

CHAIN.BUZZ PROVIDES THE PLATFORM “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CHAIN.BUZZ HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, CHAIN.BUZZ AND ITS FOUNDERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, COLLABORATORS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY INFORMATION OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOU USE THE PLATFORM SOLELY AT YOUR OWN RISK.

 

5.2 Indemnification

You agree to indemnify, defend and hold harmless Chain.Buzz, its subsidiary and/or parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim related to (a) your use of or inability to use the Platform; (b) your Content; (c) your violation of these Terms or your violation of any rights of a third party; (d) your violation of any applicable laws, rules or regulations; or (e) the unauthorized or unlawful use of the Platform by any person using your account. Chain.Buzz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Chain.Buzz in asserting any available defenses.

 

5.3 Limitation of Liability

IN NO EVENT WHATSOEVER SHALL ANY OF CHAIN.BUZZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “CHAIN.BUZZ PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF PLATFORM OR ANY INABILITY TO USE THE PLATFORM (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER CONSEQUENTIAL ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE CHAIN.BUZZ PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

 

If, notwithstanding the other provisions of these Terms, the Chain.Buzz Parties should have any liability to you or any third party for any loss, harm or damage, you and Chain.Buzz agree that such liability shall under no circumstances exceed $150.00. The terms and conditions of these Terms that limit liability reflect an agreed allocation of risk between you and Chain.Buzz. Some jurisdictions may not allow the exclusion or limitation of certain damages, or limits on the duration or voiding of implied warranties or conditions; as it relates to consumer purchasers and in such jurisdictions, the limits and exclusions herein may not apply to the extent provided by applicable law.

 

CHAIN.BUZZ TERMS AND CONDITIONS

6.1 Term and Termination

These Terms will become effective upon your acceptance thereof, as indicated by your use of the Platform and will remain in effect in perpetuity unless terminated hereunder. You or we may terminate your account at any time, for any reason or no reason, without explanation, by sending written notice to the other party. You agree that if we terminate your access to the Platform, you will immediately stop using the Platform.

 

6.2 Notice

We may give any notice required or permitted to be given in writing hereunder via email. Such notice will be effective immediately.

 

6.3 Entire Agreement; Amendment

These Terms and any documents incorporated herein constitute the entire agreement between you and us with respect to the subject matter hereof. We reserve the right to amend the provisions of these Terms at any time.

 

6.4 Governing Law; Venue

These Terms will be governed and construed in accordance with the laws of Romania. All disputes and/or legal proceedings related to these Terms between Chain.Buzz and Users will be maintained and shall be settled by the Romanian courts having jurisdiction over the Company’s headquarters, located in Bucharest, Romania.

 

6.5 Waiver/Severability

Our waiver or failure to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms shall remain enforceable.

 

6.6 Assignment

We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights under these Terms without our prior written permission. Any attempt to assign your rights under these Terms without our permission shall be void.

 

6.7 Force Majeure

We shall not be liable for any failure or unavailability of the Platform, our failure to provide the Platform or the Reach of Third Party Entities as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism, hacks or any other event beyond our control.

 

6.8 Headings

The headings of articles and sections contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

 

6.9 Electronic Documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

6.10 Questions and Complaints

Please direct all questions, complaints, or claims with respect to the Platform to the following:  [email protected]

Personal data is processed in accordance with the provision of the General Data Protection Regulation as well as the adjacent legislation in the field.

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