Last Updated Date June 9, 2014
These Terms of Service (“Terms”) apply to any user’s (“you” or “User”) access to and use of the website located www.buuteeq.com and operated by and on behalf of buuteeq, Inc. (“buuteeq”, “us” or “we”). These Terms will also apply to any other websites or on-line or mobile launched or operated by or on behalf of buuteeq (together with buuteeq.com, collectively, the “Site”).
We also provide certain digital marketing and resource services via the Site, including access to a rich collection of digital marketing resources in the hotel and restaurant industries, as well as related website creation and development, hosting and content management services (the “Services”). You may read more about our Services plans here. There are certain specific Terms, available in this document (see "ADDITIONAL TERMS" below) that apply only to our Customers (as defined below). If you would like to become a Customer, please review all the Terms before doing so.
By accessing or using the Site or the Services, you represent and warrant that you are 18 or older. Access to the Site by individuals under the age of 18 is prohibited.
Finally, if you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS WITHOUT MODIFICATION, THEN PLEASE DO NOT ACCESS OR USE THE SITE OR THE SERVICES ANY PORTION OF THEM. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES OR THE SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS VIA THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
When used in these Terms, the following words have the following meanings. Capitalized terms that aren’t defined in this Section are defined elsewhere in the Terms:
“buuteeq Content” means the Site, the Services, and any Content that buuteeq makes available through the Site or Services, including any Content licensed from a third party (including other Users), but excluding your User Content or your Customer Content. For clarity, buuteeq Content includes any digital marketing Content buuteeq provides to Customers hereunder, as well as the overall “look and feel” or compilation of any Customer Site that contains or is created using buuteeq Content.
“Customer” means a person who completes buuteeq’s registration process, as described under the “Becoming a Customer” subsection below and either purchases a Services Subscription or receives free Services.
“Content” means text, graphics, images, music, software, audio, video, information or other works of authorship.
“Customer Content” means Content that a Customer posts, uploads, publishes, submits or transmits to be made available through the Site or Services, excluding End User Data, as part of that Customer’s use of the Services.
“Customer Site” means one or more websites or other Customer on-line or mobile properties that we design, host, develop or otherwise provide Services in connection with.
“End User” means any end user or customer of the Customer Site.
“End User Data” means information that we collect from End Users on a Customer’s behalf and may include Personal Information.
“Personal Information” means information that is capable of identifying, directly or indirectly, a natural individual (including, without limitation, first initial and last name, email address, social security number and payment card information).
“Trademark” means any trademark, service mark, trade name, logo, tagline or similar designator of source, origin or affiliation of goods and services.
“User Content” means Content that a User posts, uploads, publishes submits or transmits to be made available through the Site, including on or to any blogs.
Without limiting any other language in these Terms, you acknowledge and agree that he Site, Services, and buuteeq Content are protected by copyright, trademark, and other Laws of the United States and foreign countries and that the Site, Services and buuteeq Content, including all associated intellectual property rights, are the exclusive property of buuteeq and its licensors. You further acknowledge and agree that all Trademarks appearing on the Site, the Services or in the buuteeq Content are owned by buuteeq or the third-parties who provide them. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or buuteeq Content. For clarity, and as indicated above, as between you and buuteeq, you own any Customer Content or User Content, as applicable.
Please read this Section carefully. It affects your legal rights.
You agree to defend, indemnify, and hold buuteeq, its officers, directors, employees and agents (the “buuteeq Indemnitees”), harmless from and against any Claims arising out of or in any way connected with (1) your access to or use of the Site, Services or buuteeq Content, including your violation of these Terms; (2) any goods or services you may provide (or fail to provide); and (3) any agreements or understandings you have with third-parties, including End Users, or your failure to observe the terms of such agreements or understandings.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that if you submit any Feedback to us, it will be considered User Content, as described above, and, as such, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For clarity, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, must be in writing (including as described above). If you have any questions about the Site, Services or these Terms, please contact buuteeq at email@example.com. Please also report any violations of the Terms to us at firstname.lastname@example.org.
In addition to the terms and conditions set forth above, the following terms and conditions shall also apply to our Customers:
(1) Services Subscriptions begin after we have confirmed, via your Account or other means of contact (including email Notice or a written Sales Order Form), the date on which you would like to begin receiving Services. . Services Subscriptions may be cancelled as set forth in Section 16 below, but please note: there will be no refunds or credits for partial months, or for Services upgrades or downgrades;
(2) All Services Fees will be paid in U.S. dollars, Euros, or British Pounds Sterling (depending on your location) unless otherwise specified by us in writing;
(3) A valid credit card, bank account information (for direct debit transactions), or upfront annual payment is required for Customers with Services Subscriptions. For clarity, Users accessing or using Services during a Trial Period are not required to provide this payment information;
(4) Except as otherwise expressly set forth in an applicable Sales Order Form, Customer hereby authorizes buuteeq to debit or charge Customer’s designated bank account or payment card, as applicable, for the amount specified in each buuteeq invoice at any time following buuteeq’s presentment of such invoice to Customer. If buuteeq is unable to debit or charge Customer’s designated payment method, as applicable, for the full amount specified in such invoice, then Customer nevertheless shall ensure that such invoice is paid within 30 days after the applicable invoice date;
(5) If any Services Fees have not been paid after thirty (30) days from the due date of such fees, buuteeq reserves the right to suspend or cancel your Account upon five (5) business days’ prior notice to you;
(6) Except as otherwise agreed to between you and buuteeq in writing on an applicable Sales Order Form, your use of the Services will be billed in one of two ways: (a) advance payment of all Services Fees on an annual basis for the first year of the Subscription Term, and thereafter billing in advance on an annual or monthly basis; or (b) monthly payments due each month in advance for the entire Subscription Term. Monthly Services Fees will be invoiced and due on the last day of the month immediately preceding the month for which the applicable Services Fees are due.
(7) As indicated above, we may change the Services Fees at any time upon 30 days’ notice to you, unless the applicable Sales Order Form or other written agreement between you and buuteeq indicates otherwise. If you do not want to pay the new Services Fees, you must cancel your Account in accordance with Section 16 below.
(8) All Services Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
(9) If you upgrade or downgrade your Services Subscription, we will automatically implement the revised Services Fees to take effect on the billing cycle immediately following the one in which you modified your Services Subscription. We will then automatically debit or charge your bank account or payment card for the revised Services Fees, as indicated above and you authorized us to do so.
(1) To cancel your Account, you must send a written cancellation request to email@example.com. Your Account will be considered cancelled only when you receive a confirmation of Account cancellation notice from firstname.lastname@example.org. It is your responsibility to make sure you receive this notice and to contact us if you do not. We will respond to your request for cancellation within 72 hours after receipt.
(2) As indicated above, we will not refund any Service Fees for partial months, including as a result of Account cancellation. If your Account is not cancelled (i.e. you do not receive the above-referenced confirmation from us) by the last day of the applicable billing cycle, you will be charged for the full amount of Services Fees owed for that billing cycle, whether annually, monthly or some other period.
(3) After you cancel your Account, any Customer Site(s) we may be hosting will be taken down and we will otherwise stop performing Services. However, you will still be able to access all of your Customer Content, which will be stored for thirty (30) days and then immediately deleted. Customer Content cannot be recovered after this period. Accordingly, you understand and agree that you are solely responsible for obtaining your Customer Content from the services after any Account cancellation.
(1) Collection and Use of End User Data. In connection with your use of the Services, we may, depending on the Services you choose, collect certain End User Data, including Personal Information, on your behalf. We will use the Personal Information in any End User Data only as necessary to provide the Services in your Services Subscription (or the free Services we are providing) . This may include storage, modification, aggregation and analysis of such Personal Information. In addition, you acknowledge and agree that we may use all End User Data for our internal business purposes in any manner, provided such End User Data is modified and/or aggregated such that you or the individual End User are anonymous.