Terms & Conditions

Point of View Software LTD. (“POV”) provides businesses and organizations with a variety of tools and resources to create, launch, and manage online email campaigns or other services, including surveys, short message services (SMS) and landing pages (the “Marketing Product”). The Marketing Product called "Buzzzter" and any related offerings are referred to in these Terms and Conditions of Use as the (“Product”). POV’s Product may not be used for the sending of unsolicited email and SMS (sometimes called “spam”). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference. The following are the terms and conditions of Use for access to this web site and use of the Product. By clicking the ‘I accept’ button on the sign-up page, by logging in to your Product account or by accessing the POV services via any API interface, you accept these terms and conditions of Use.

1. Copyright and Trademark Information

This web site, and the information which it contains, is the property of POV and its affiliates and licensors, and is protected from unauthorized copying and dissemination by local state laws, copyright law, trademark law, international conventions and other local and international intellectual property laws. By way of example only, and not as a limitation, “Product” and the Product logo are registered trademarks of POV. under the applicable laws of Israel and/or other countries. Other POV products or services names or logos appearing in this site are either trademarks or registered trademarks of POV. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of POV’s trademark or other intellectual property rights concerning that name or logo.

2. Representations and Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement (as defined in Section 3 below), you hereby represent, acknowledge and agree that:

The Product may not be used for the sending of unsolicited email (sometimes called “spam”).
The Product may only be used for lawful purposes and according to international and local state laws and regulations.
The Marketing Product will be subject to monthly subscription fees once you have completed your free trial period or have exceeded the free subscriber limit. The Marketing Product may also be subject to per message and overage charges. For more information on fees, see Section 4 below and the Fee Schedule.
You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email/SMS, in connection with the Product.
You agree to import, access or otherwise use only lists for which all listed parties have specifically consented in advance to receive correspondence from you (“Permission Based Lists”) in connection with your use of The Product.
You acknowledge and agree that not all email/SMS messages sent through use of The Product will be received by their intended recipients.
Every email/SMS message sent by you in connection with The Product must and will contain the POV “unsubscribe” link that allows the recipient to remove themselves from your mailing list.
You will comply with the restrictions on content of email/SMS messages and activities using The Product as set forth or referenced in this Agreement.
You acknowledge and agree that you are the sole or designated “sender” and “advertiser” (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act or any international and local state laws) of any email/SMS message sent by you using The Product. You shall clearly mention that you are the “sender” and “advertiser” in every email/SMS message sent by you.
You agree that the “from” line of any email/SMS message sent by you using The Product will accurately and in a non-deceptive manner identify your organization, your product or your service.
You agree that the “subject” line of any email/SMS message sent by you using The Product will not contain any deceptive or misleading content regarding the overall subject matter of the email/SMS message.
You agree that any email/SMS message sent by you using The Product will include your valid physical address.
You will adopt and maintain the Privacy Policy, which may be modified by POV from time to time.
If you are accessing or using The Product through a third party service or web site (“Third Party Service”), you will abide by these Terms and Conditions of Use regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions of Use.

3. Product and Support

The Product is provided subject to these Terms and Conditions of Use, as they may be amended by POV, and any guidelines, rules or operating policies that POV may establish and post from time to time (collectively, the “Agreement”), including without limitation POV’s customer Privacy Policy (the “Policy”) (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Buzzzter.com website (“Website”), or otherwise providing notice to you, POV may modify the terms of the Agreement and may discontinue or revise any or all other aspects of The Product in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on The Product or at POV’s website. The Product is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Product is not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Product. If you are using the Product in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the POV sign up web page in order to use the Product. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide POV’s service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Product. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by POV or its personnel. If you are accessing or using the Product through a Third Party Service, you agree and acknowledge that POV is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that POV may terminate such Third Party Service’s ability to interact with the Product at any time, with or without notice, and in POV’s sole discretion, with no liability to you or the third party.

4. Free Trial; Fees and Payment

4.1 Fees for Marketing Product. For the Marketing Product, once you have completed your free trial period or you have exceeded the free subscriber limit, you will be subject to subscription fees which POV will determine. In case of denied or missing payment, access to the Marketing Product will be disabled until payment is received. Fees will be billed according to POV’s price list and the services which have been used.

4.2 Fee Schedule; Discounts. The Fee is subject to change at any time in POV’s sole discretion. POV will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee.

4.3 Payment. You hereby authorize POV to charge your credit card or send you an invoice or charge you in any other manner chosen by you upon your registration, on a regular monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated. If POV is for any reason unable to effect automatic payment via your credit card, POV will attempt to notify you via email and your POV account will be disabled until payment is received. Amounts paid for the setup of the Product are not refundable.

5. Email, Permission Practices, Image Hosting & Prohibited Content

5.1 Subscriber Opt Out. Every email/SMS message sent in connection with the Product will contain an “unsubscribe” link that allows subscribers to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.

5.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Product in compliance with any international and local state laws. You hereby covenant that you shall not use any other lists in connection with your use of the Product. If you have used the POV feature that allows you to request a recipient to confirm that you have his or her permission to send emails/SMS to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails/SMS to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail/SMS message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail/SMS to distribution lists, newsgroups, or spam or unsolicited email addresses/phone numbers. You cannot copy a POV template or any other features or functionality from the Product and use them for any purpose other than sending email/SMS messages from the Product. Emails/SMS that you send through the Product may generate spam complaints from recipients. You are responsible for ensuring that your email/SMS campaigns do not generate a number of spam complaints in excess of industry norms. POV, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. POV will terminate your use of its Product if POV determines that your level of spam complaints is higher than industry norms.

5.3 Footers. For every email/SMS message sent in connection with the Product, you acknowledge and agree that POV may add an identifying footer stating “Marketing by POV,” “Powered by POV” or a similar message.

5.4 Prohibited Content. POV prohibits the use of the Product or web site by any person or entity that:

Provides, sells or offers to sell any of the following Product or content (or services related to the same): pornography or illicitly pornographic sexual Product, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
Provides, sells or offers Product, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being Product, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
Sells or promotes any Product or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.
Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

5.5 Right to Disable Access. POV, at its own discretion, may immediately disable your access to the Product without refund if POV believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

6. Restrictions and Responsibilities

6.1 No Rights in Software .This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Product or any software, documentation, or data related to the Product (“Software”); remove any proprietary notices or labels from the Product or any Software, modify, translate, or create derivative works based on the Product or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Product or any Software.

Unless you are an authorized reseller or franchisee of the Product, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Product or the Software, or any content, including but not limited to newsletters, distributed to you by POV in connection with the Product. Violation of these restrictions may result in the termination of this Agreement.

6.2 Compliance with Laws; Monitoring. You shall use the Product only in compliance with this Agreement and all other applicable Local state and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although POV has no obligation to monitor the content provided by you or your use of the Product, POV may do so and may block any email messages, remove any such content or prohibit any use of the Product that POV believes may be (or is alleged to be) in violation of the foregoing.

6.3 Indemnification. You hereby agree to defend, indemnify and hold harmless POV and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Product or (iii)otherwise arises from or relates to your use of the Product. In addition, you acknowledge and agree that POV has the right to seek damages when you use the Product for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

6.4 Your Information. In using the varied features of the Product, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to POV. POV may use this information and any technical information about your use of the Product to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Product as a result of solicitation by a marketing partner of POV, POV may share your information with the marketing partner and the marketing partner may share related information with POV. Except as described above, POV will not provide your information, including your contact and account information, to third parties who you have not authorized to receive such information, except(i) as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or (ii) if your POV account was terminated from due to unsolicited commercial email/SMS being sent from your POV account. POV will never sell or rent your contact lists to anyone without your permission and acknowledges your ownership right in your contact lists. In the event POV amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.

6.5 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Product that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Product, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to POV or to any third party using the Product, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to POV by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to POV by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted— POV a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.

7. Termination

You may terminate this Agreement at any time by calling POV Customer Support or terminating your account on the Website. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND POV IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.

POV may terminate this Agreement or the Product, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. POV shall have no liability to you or any third party because of such termination or action.

If your account is classified (at POV’s sole discretion) as inactive for over 120 days or has a large amount of Spam Complaints or Unsubscribes, POV has the right to permanently delete your subscriber data. POV will use good faith efforts to contact you via email prior to taking any permanent removal actions.

8. Warranty Disclaimer; Remedies

USE OF THE PRODUCT AND ANY RELIANCE BY YOU UPON THE PRODUCT, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. POV DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCT. THE PRODUCT ARE PROVIDED “AS IS” AND POV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Product shall be for POV to use commercially reasonable efforts to adjust or repair the Product.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL POV OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “POV”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF POV SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, POV IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF POV TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY POV TO YOU IN THAT TWELVE (12) MONTH PERIOD. THE LIABILITY OF POV TO YOU OR ANYONE ON YOUR BEHALF MAY ARISE ONLY IF NOTICE OF ANY SUCH CLAIM IS MADE PRIOR TO THE LAPSE OF 12 MONTHS SINCE THE CAUSE OF SUCH CLAIM HAS RISEN.

10. Username and Password

You are responsible for maintaining the security of your account, passwords, and files. POV will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email or by phone, or through a Third Party Service, if any, through which you access the Product. POV has no knowledge of your organizational structure, if you are registering for the Product as an entity, or your personal relationships, if you are a person. POV shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.

11. Miscellaneous

11.1. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

11.2 POV and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. You acknowledge and agree that POV may change this Agreement from time to time, as shall be published on the Website or Product. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

11.3. Assignment. This Agreement may be assigned by POV to any entity which assumes its obligations and acquires ownership of or the right to use and license the Products.

11.4. Governing Law; Jurisdiction; Any dispute or legal proceeding regarding any matter connected with this Agreement or arising there from, shall be initiated only and exclusively by means of an application to the competent courts of Tel Aviv, Israel, and in such case, only the laws of the State of Israel shall apply. The provisions of this clause will survive the termination of this Agreement. If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which that party may be entitled.

11.5. Force Majeure: Neither party to this Agreement shall be held responsible for the performance of any obligations under this Agreement provided such performance is hindered or prevented by any circumstances of Force Majeure which are deemed to include war, terror, sabotage, riot, strike, lock-out, flood, or other natural catastrophes or national or local government regulations. Upon the ending of such circumstance, the frustrated party shall without delay resume the fulfillment of its obligations including any obligations, the performance of which was interrupted thereby.

Additional Information

If you have any questions about the rights and restrictions above, please contact POV by email at support@Buzzzter.com.

Anti SPAM Policy

NOTE: POV marketing solutions does not rent, sell, trade or provide email/SMS lists.

In an effort to protect the delivery of legitimate email/SMS, pov has a stringent anti-SPAM policy with our customers. Unsolicited email/SMS, or “SPAM”, is email/SMS sent to individuals without their permission. Both Unsolicited Commercial Email (UCE) / SMS and unsolicited non-commercial email/SMS are a violation of POV’s terms of service. You may not use POV services to send unsolicited emails / SMS(“SPAM”).

Acceptable Usage

POV provides services that are intended to enhance the communication between our customers and their users, prospects, and business partners. As such, we expect our customers to follow good business practices. The client is solely responsible for the content and the lists used in these transmissions. POV will perform routine checks to ensure that the terms of service are strictly followed. Any spam complaint will be checked and if a customer is found to be in breach of our terms of service, actions will be taken to immediately terminate its contract and, if needed, further legal actions will be pursued.

Unacceptable Usage

Email/SMS will be considered unsolicited (SPAM) if:

Membership addresses are not 100% opt-in by email/SMS list members
Email addresses/ SMS phone numbers are derived from harvesting, a purchased email/SMS list, another mailing/SMS list, or were compiled by any other method other than direct subscription from your email/SMS list members
There is an invalid “From:” or “Reply-to:” address. All messages sent to your list must contain valid email address/phone number
List messages don’t include unsubscribe option and instructions. You may not refuse or ignore unsubscribe requests from members of your list.

Note: All mail sent by POV will include an unsubscribe message and all individuals who unsubscribe will be automatically removed. The customer cannot override such system actions. Users who utilize POV’s services for spam are subject to prosecution to the fullest extent of the law.

Other content and behaviors that constitute unacceptable use:

Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
Content that is offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
Content that contains or links to nudity, pornography, adult content, sex, extreme violence, or foul language.
Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.
Content that posts or discloses personal identification information or private information of individuals under the age of 13, or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others’ property, or to harm any people or animals.
Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.

Compliance with Laws

It is the customer’s sole responsibility to ensure compliance with all applicable laws including, but not limited to:

The CAN-Spam Act of 2003
The Children’s Online Privacy Protection Act

If we receive complaints that you are sending unsolicited commercial or non-commercial email/SMS (“SPAM”), in addition to other rights that POV may have under this Agreement or under applicable law, POV may, at its sole discretion, suspend your service pending a reconfirmation of your entire email/SMS recipients list membership. There is no reduction or refund of fees during period of suspension. This reconfirmation may be carried out by SMS in any reasonable manner it determines, in its sole discretion, including without limit, sending an email/SMS newsletter or email/SMS marketing campaign to all of your list members requiring confirmation of their wish to continue their subscription to such list.

If POV determines in its sole discretion that you have been SPAMMING, in addition to any other rights under this Agreement or under applicable law, POV may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to POV which may not be fully compensable by monetary damages. POV may recover from customer monetary losses caused to POV by such activity.

To report any suspected abuse of our system, please contact Point of View support team at: support@Buzzzter.com