QREATEBUZZ.COM TERMS OF SERVICE

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY USING AND/OR BROWSING QReateBUZZ.COM, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLOSE YOUR BROWSER WINDOW AND CEASE ACCESSING QReateBUZZ.COM.

The QReateBUZZ.com website (the “Website”), that provides you with the online and wireless music, book, and movie list service (”Service”) offered by QReateBUZZ.com (”QReateBUZZ”), through which the QReateBUZZ application (the “Application”) is used, is subject to your compliance with the terms and conditions set forth below.

This agreement, the terms and conditions of the applicable QReateBUZZ Service, Application, and Website, and the QReateBUZZ Privacy Policy (collectively, this “Agreement”) are a legal agreement between you (either an individual or an entity) and QReateBUZZ regarding the use of the Service and Application you access from the Website or via a wireless device, including related documentation and updates which may be provided by QReateBUZZ (collectively, the “Application”).

LICENSE GRANT

This Agreement permits you to access the Application, for internal purposes only. The Application is “in use” on a computer or wireless device when it is loaded into the browser or cached into the permanent or temporary memory of that computer or wireless device.

TITLE

We remain the owner of all right, title, and interest in the Service, Application, Website and Documentation. QReateBUZZ hereby reserves all rights in its names, service marks, logos, trade names, trademarks, website and domain name and nothing in this Agreement grants you the license to their use.

THINGS YOU MAY NOT DO

The Service, Application, Website and Documentation are protected by United States copyright laws and international treaties. You must treat the Service, Application, Website and Documentation like any other copyrighted material–for example a book. You may not:

copy the Documentation, copy the Application, modify or adapt the Application or Service or merge it into another program, reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Application, place the Application onto a server so that it is accessible via a pubic network such as the Internet, or sublicense, rent, lease or lend any portion of the Service, Application, Website, or Documentation.

THIRD-PARTY MATERIALS

LINKS AVAILABLE ON THIS WEBSITE MAY ENABLE YOU TO LEAVE THE WEBSITE. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF QREATEBUZZ AND QREATEBUZZ IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH WEBSITES. QREATEBUZZ IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK–INCLUDING SPONSORSHIP AND ADVERTISING–DOES NOT IMPLY ENDORSEMENT BY QREATEBUZZ OF THE WEBSITE.

OTHER MARKS WHICH MAY APPEAR ON THIS WEBSITE MAY BE MARKS OF THIRD-PARTIES–INCLUDING SPONSORSHIP AND ADVERTISING–THAT ARE NOT AFFILIATED WITH QREATEBUZZ. QREATEBUZZ AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD-PARTY WEBSITES.

You are responsible for taking precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. QReateBUZZ may offer you products and services provided by third-parties. These third-party products and services are provided to you only as a matter of convenience and are not under the control of QReateBUZZ. QReateBUZZ is not responsible or liable for the contents, quality, performance or terms of use of any such third-party products or services.

TRANSFERS

You may not transfer any of your rights to use the Service, Application, or Website to another person or legal entity.

NO WARRANTY

To the extent permitted by applicable law, QREATEBUZZ DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, APPLICATION, AND SERVICE. ALL SERVICES PROVIDED BY QREATEBUZZ ARE PROVIDED “AS IS”. QREATEBUZZ DOES NOT WARRANT THAT THE WEBSITE, APPLICATION OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL OPERATE WITHOUT ANY PACKET LOSS OR INTERRUPTION, OR THAT ANY DEFECTS IN THE WEBSITE, APPLICATION OR SERVICE WILL BE CORRECTED. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITED REMEDY

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold QReateBUZZ, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third-party information providers to the Website, Application, or Service harmless from and against all losses, expenses, damages and costs, including attorneys fees, resulting from any violation by you of the Agreement or asserted by any third-party due to or arising out of your use of or conduct on the Website, Application, or Service. The provisions of this paragraph are for the benefit of QReateBUZZ and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Site, Application, or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

TERM AND TERMINATION

This license agreement takes effect upon your use of the Service, Application, or Website and remains effective until terminated. QReateBUZZ reserves the right to terminate the Service and your use of the Application and Website at any time without notice and for any reason. You may terminate this Agreement at any time simply by ceasing to use the Application, Website and Service; however, all provisions of this Agreement shall survive such termination.

You must access log in to your account within 72 hours of its creation to activate it. If you do not log in within 72 hours, your account will be deleted and you’ll have to register again. You must also log in to your account at least once every 30 days or your account will be terminated due to inactivity. If your account is terminated, your data will be lost and you’ll have to register again to use the service. It is also possible that your original username will not be available anymore.

CONFIDENTIALITY

The Service, Application, and Website contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

GENERAL PROVISIONS

1. This written Terms of Service and the QReateBUZZ Privacy Policy is the exclusive and entire agreement between you and QReateBUZZ concerning the Service, Application, Website, and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between QReateBUZZ concerning the Service, Application, Website, and Documentation.

2. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. QReateBUZZ’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. QReateBUZZ may assign its rights and duties under this Agreement to any party at any time without notice to you.

3. In the event of litigation between you and QReateBUZZ concerning the Service, Application, Website, or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

4. This license agreement is governed by the laws of the state of California, without reference to conflict of laws principles. Any dispute between you and QReateBUZZ regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the state of California. You agree to submit to exclusive jurisdiction in Santa Cruz County, California and you expressly waive all defenses to jurisdiction.

5. You agree that no part of the Service, Application, Website, or Documentation will be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.