TERMS AND CONDITIONS OF SERVICE

This is an agreement between you (“you” or “your”) and Brainybucks Games Private Limited (“we,” or “our” or “LoveBuzz”) that governs your use of the services offered by LoveBuzz through its website, including collectively all services and data (text, graphics, software, apps, videos) provided through https://LoveBuzz.com/, collectively called “Service”.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF LoveBuzz SERVICES AND PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree with these terms, you may not use the Service.

LoveBuzz is an online live video streaming and dating platform with free and subscription based .

  1. 1. ACCEPTANCE:


1.1 The user is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions when the user subscribes or purchase to any services of LOVEBUZZ or visits www.LoveBuzz.com

1.2 These terms and conditions may only be amended by LOVEBUZZ anytime and such revised terms and conditions will be published on www.LoveBuzz.com.

  1. 2. PRICE AND PAYMENT:

2.1 Subscription price and purchase price of any product or service shall be decided by LOVEBUZZ at their sole discretion.

2.2 Free plans and services are provided by LOVEBUZZ’s at its own discretion which may be discontinued at any point without any obligation and notice.

2.3 The payment is accepted by LOVEBUZZ through online means and through options mentioned on website from time to time.

2.4 The Subscription fee paid by user is non-refundable in any case.

  1. 3. EQUIPMENT


The User shall be responsible for maintaining all kinds of mobile devices, computer hardware and other equipment to access and use our services. We shall not be liable for any damages to the User’s equipment resulting from the use of our product or services

  1. 4. REGISTRATION


To utilise services on LOVEBUZZ, you may be required to complete a registration process and create a profile / account. You represent and warrant that all information provided by you to LOVEBUZZ is correct, accurate and complete, and that you will maintain the accuracy and completeness of this information in a prompt, timely basis.

  1. 5.Purchase of Services

a. Services – When you purchase any product or service, you are not purchasing exclusive rights in such product or service. You are granted a limited right to use the product or services as detailed in purchase page.

b. Coins – LOVEBUZZ digital coins can be purchased and gifted at a price decided by LOVEBUZZ from time to time and LOVEBUZZ reserves right to revise the value and quantity of coins.

c. The coins may have different purchase and different sell / cash value.;

d. Once the coins are purchased or transferred the transaction cannot be cancelled.

e. You may be required to complete kyc and furnish the disclosures are required by law from time to time.

f. The LOVEBUZZ shall have right to report coin transactions to the authorities as required by law.

g. The transfer of coins shall be done for lawful acts only and the coins shall not be transferred for any unlawful means.

h. Any incident of unlawful act may lead to freezing of account and forfeiture of coins by LOVEBUZZ.

  1. 6. PASSWORD AND SECURITY

As a registered user of LOVEBUZZ, you may receive or create a username and password. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are individually and fully responsible for all actions and listings, shared information, reviews, comments, posts made from your account(s). Any account you create is non-transferrable. You agree to notify LOVEBUZZ immediately if you become aware of any unauthorised use of your account(s).

  1. 7. USER CONDUCT

7.1 The user shall not misuse any trial or free services provided by LOVEBUZZ.

7.2 The LOVEBUZZ shall not be liable for conduct or any user including any misrepresentation, fraud or infringement committed by user.

7.2 The User shall not stream or transmit through LOVEBUZZ any content which is unlawful, threatening, abusive, defamatory, invasive of privacy or public rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, objectionable or otherwise violates any law.

7.3 You agree that you will not stream any content unauthorisedly resulting any violation / infringement / passing off.

  1. 8.DATA DUPLICITY

You agree not to create any data backup or copy the content and data that is available to you by use of the LOVEBUZZ Service except as stated in this agreement.

  1. 9.LIVE STREAMING

The live streaming services enables creators to showcase their content to other users of via live stream audiovisual content (“Broadcast Content”). The Services enabled you to view the Broadcast Content in public, premium and private modes. Entry to premium or private modes is at the discretion of the user and the Broadcaster User.

You acknowledge and agree that Lovebuzz reserves the right, but is not obligated to, pre-screen any Broadcast Content transmitted by any User. Lovebuzz may, but with no obligation, use automated, semi-automated, and manual checks of Broadcast Content, however, you understand and agree that Lovebuzz cannot find all objectionable Broadcast Content and makes no warranties to you with respect to any Broadcast Content.

  1. 10.SERVICE AVAILABILITY

10.1 The services available on LOVEBUZZ are provided by their Users with different set of terms and conditions applicable for each service.

10.2 The creator thereby grants unconditional license to watch live streamed content to the other users of LOVEBUZZ.

10.3 The dating feature can also be used by users for finding a suitable match.

10.4 The services are available at discretion of the LOVEBUZZ and any service may be discontinued or removed at any time.

10.5 The creator will remain the owner of the content irrespective of viewing license granted by them.

10.6 The creator user hereby grants LOVEBUZZ unconditional right to display / showcase the content on LOVEBUZZ website / promotional material / apps etc without any consideration.

10.7 LOVEBUZZ will make all reasonable efforts to make the Service available at all times. However, you acknowledge that the LOVEBUZZ Service is provided over the internet and through networks and so the quality and availability of the Service may be affected by factors outside the control of LOVEBUZZ.

10.8 LOVEBUZZ does not accept any responsibility whatsoever for unavailability of the Service , or any difficulty or inability to download or access content or any other communication system failure which may result in the Service being unavailable.

  1. 11. LIABILITY OF LOVEBUZZ

11.1 We are an online platform and we provide creators a platform to showcase their content.

11.2 We are not liable or responsible for any act or omission arising as result of any of your action (including content creator, including use of any product / service available at LOVEBUZZ.

11.3 You (including content creator) shall be liable to indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of our services and/or any product/ service you post / stream on LOVEBUZZ.

  1. 12.Liability of creator

12.1The user will stream only content for which they are original author and possess hundred percent intellectual property rights.

12.2 In case of any misrepresentation or fraud, the author shall be liable to indemnity and compensate for all the losses incurred by LOVEBUZZ including all the legal expenses, award of court, outside court settlement etc.

  1. 13. ERRORS, MISTAKES AND RIGHT TO MODIFY OR DISCONTINUE SERVICE

We will make all efforts but we do not warrant that the Services will be error-free, free of viruses or other harmful components. We do not represent or warrant that the information, features, functionality available on or through the LOVEBUZZ website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the LOVEBUZZ website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the LOVEBUZZ website. LOVEBUZZ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the LOVEBUZZ services (or any part thereof) with or without notice. LOVEBUZZ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The version of the Application software may be upgraded from time to time to add support for new functions and services.

  1. 14.STANDARD TERMS & CONDITIONS

LOVEBUZZ shall not be responsible for the correctness of content submitted by Users and the same shall be the sole responsibility of the Users.

  1. 15.MONITORING

LOVEBUZZ shall have the right, but not the obligation to monitor the content of website including comments, functionality, software, apps, reviews, live streaming, videos or any other data or information. LOVEBUZZ shall have the right to remove any material that in its sole discretion appears to be a violation of the terms of usage or otherwise objectionable.

  1. 16. INTELLECTUAL PROPERTY RIGHTS

a. The LOVEBUZZ trade marks, logos, all related products and service names (LOVEBUZZ), design marks, slogans, trademarks, service marks, copyright, patents, database rights (and other intellectual property rights of any nature in the Service) together with the underlying software code (source code) (“Intellectual Property”) is owned by and used under license by LOVEBUZZ or its licensee or affiliates. All other Intellectual Properties herein are the property of their respective owners.

b. You are not authorized to use LOVEBUZZ’s Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LOVEBUZZ. For removal of doubts, it is clarified that, by accepting these terms, you hereby waive and grant to LOVEBUZZ all rights including intellectual property rights in the Reviews, Ratings and Comments posted by you at website through any of mediums and that LOVEBUZZ is free to use all such discussion, review, ratings and comments as per its requirements from time to time.

  1. 17. NO LIABILITY FOR THIRD PARTY SITES /CONTENT/ PRODUCTS/ SERVICES

These Terms of Service apply to all users of the LOVEBUZZ Service. Information provided by our users through the LOVEBUZZ Service may contain links to third party websites that are not owned or controlled by LOVEBUZZ. LOVEBUZZ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, LOVEBUZZ does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the website. In addition, LOVEBUZZ will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that LOVEBUZZ shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect LOVEBUZZ’s beliefs.

  1. 18. RESERVATION OF RIGHTS

We Reserve any rights not expressly granted in these Terms.

  1. 19. CHANGES IN THESE TERMS & PRIVACY POLICY

We may at any time vary these Terms of usage & Privacy Policy by publishing the varied Terms of usage & Privacy Policy on website. You acknowledge and agree that by continuing to use the services you accept the varied Terms & Conditions.

  1. 20. USE OF SERVICES

20.1 LOVEBUZZ may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, LOVEBUZZ also reserves the right to decide whether content or a post and/or content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. LOVEBUZZ may remove such content and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

20.2 You understand that while using the LOVEBUZZ Service you will be exposed to information, processes, functionality and submissions from a variety of sources, and that LOVEBUZZ is not responsible for the accuracy, usefulness, safety in any such cases. You further understand and acknowledge that you may be exposed to information, processes, functionality and submissions that are inaccurate/ un-useful and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LOVEBUZZ with respect thereto, and agree to indemnify and hold LOVEBUZZ, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the LOVEBUZZ Service.

20.3 LOVEBUZZ reserves the right to discontinue any aspect of the LOVEBUZZ Service at any time.

  1. 21. DISCLAIMER

Users using any of LOVEBUZZ’s services across the website, mobile phone or any other medium are bound by this disclaimer wherein they are cautioned to make proper decisions before subscribing to LOVEBUZZ services. All the Users are cautioned that all and any information of whatsoever nature provided or uploaded is taken in good faith, without least suspecting the bonafides of the users. LOVEBUZZ does not confirm, does not acknowledge, or subscribe to the claims and representation made by the users on LOVEBUZZ. Further, LOVEBUZZ is not at all responsible for any act of user registered at LOVEBUZZ website. Any transaction/communication between users is a totally independent transaction based on the choice of users and in any case LOVEBUZZ will not be responsible for any such transaction and nor is LOVEBUZZ responsible for any kind of services provided by such users in any manner.

  1. 22. LIMITATION OF LIABILITY

In no event shall LOVEBUZZ, its board members, directors, partners, officers,, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from our servers, any bugs, viruses, which may be transmitted to or through our service by any third party, 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 LOVEBUZZ client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that LOVEBUZZ shall not be liable for any malfunction, non-performance, loss of data or act of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

  1. 23. INDEMNITY

You agree to defend, indemnify and hold harmless LOVEBUZZ partners, board members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to advocate fees) arising from your use of and access to the LOVEBUZZ Service and/or your violation of any term of these Terms of Service & privacy policy and/or your violation of any third party rights, including without limitation any copyright, property, or privacy right; or any claim that one of your content and/or post or submission caused damage to a third party.

  1. 24.ELIGIBILITY TO ACCEPT THE TERMS OF SERVICE

Users who are at least eighteen (18) years of age, are eligible to use our service, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

  1. 25. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by LOVEBUZZ. Any consent by LOVEBUZZ to, or a waiver by LOVEBUZZ of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  1. 26. FORCE MAJEURE

In no event shall the LOVEBUZZ be responsible or liable for any loss, damages or penalty as a result of failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, natural disaster or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

  1. 27. TERMINATION

LOVEBUZZ may terminate this agreement at any time. Without limiting the foregoing, LOVEBUZZ shall have the right to immediately terminate any profile, account and password of user without assigning any reason.

  1. 28. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  1. 29. ARBITRATION

In the event a dispute arises between the “you” and LOVEBUZZ as per the terms of use, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 60 days from the date of the dispute, either party may, upon giving written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Indore. The arbitration shall be conducted by a sole arbitrator appointed by LOVEBUZZ. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own costs of arbitration.

  1. 30. GOVERNING LAW

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws’ provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts in Bangalore will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. LOVEBUZZ reserves the right to seek all remedies available at law and in equity for violations of these Terms.