Terms

INTRODUCTION

The Terms (“Terms of Use” or “Terms”) have been last updated on 11 April 2024 and supersede and replace all prior Terms.

These Terms form a binding legal agreement between you, the user of the Buzzy Reads Platform (consisting of the Buzzy Reads website and Buzzy Reads app), and Buzzy Reads, the owner and operator of this website and apply to your use of or access to this website on any electronic device. 

Please contact customer support via email at hello@buzzyreads.com if you have any queries relating to our Terms.

THE PARTIES

Who you are: References to “you” and “your” are to visitors to the Website or App and/or users of the Platform. 

Who We are: Buzzy Reads Platform (“Platform”) is the website www.buzzyreads.com (“Website”) and the Buzzy Reads mobile application (“App”). The Website, App, and any and all associated websites, mobile sites, and mobile applications collectively referred to within the Platform are operated and controlled by Buzzy Reads.

Brian Monaghan Limited (“Buzzy Reads”), a limited liability company incorporated in Ireland (company registration number C76987), subject to Irish law, having its registered address at Tig Mhuire, Old Bridge Road, Templeogue, Dublin D16 W6F4, Ireland.

ACCEPTANCE OF TERMS

By registering an account on the Platform, checking the box confirming acceptance of these Terms, and/or using the Platform, you confirm that you:

1. have read and understand the Terms (including any amendments thereto);
2. have the right authority and capacity to agree to be bound by the Terms;
3. agree to be bound by the Terms; and 
4. that your use of or access to the Platform, shall be subject to the Terms.

Please read the Terms prior to using the Platform as they may have changed since your last visit. If you do not agree to any provision or aspect of the Terms, you must not use the Platform.

AMENDMENTS TO THE TERMS

We reserve the right to amend any provision of these Terms at any time for any reason, including but not limited to commercial reasons, in response to change in law or regulation, and/or customer service reasons. Any amendments will be published on the Platform and such changes will be binding and effective immediately once published.

It is your responsibility to check the Terms prior to commencing use of the Platform. Whenever we amend these Terms in a way that, in our view, would limit your current rights or which may be to your detriment, we will endeavour to notify you either via email and/or via pop-up upon your next visit to the Platform. Regardless of whether or not you receive and/or review any such notifications, you agree to be bound by the changes by your continued use of the Platform. If you do not agree to the amended Terms, you must stop using the Platform.

YOUR ACCOUNT

Account Registration

To use the Platform, you must register or create an account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Platform.

You are responsible for keeping your login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by this Platform.

Account Termination

You can terminate your account and stop using the Platform at any time by doing the following:

By using the tools provided for account deletion within the App

By directly contacting us at the contact details provided in this document.

Account Suspension And Deletion

We reserve the right, at its sole discretion, to suspend or delete at any time and without notice, accounts that we deem inappropriate, offensive or in violation of these Terms.

The suspension or deletion of your account shall not entitle you to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.

THE SERVICE

To use this Service, you must register or log into the App. Subject to your compliance with these Terms, you have permission to use Buzzy Reads for personal, non-commercial use. 

We provide two Service options. The first Service is provided free of charge and is available to all. The second type of service requires payment for a Paid Subscription before they can be accessed.

PAID SUBSCRIPTIONS

Paid Subscriptions can either be a Monthly subscription or an Annual subscription.

Monthly subscriptions are a rolling contract which renews automatically every month until you cancel the subscription. If you cancel after the first payment term, you will not receive a refund and your cancellation will come into effect at the end of the current payment term.

Annual subscriptions are a rolling contract which renews automatically every year until you cancel the subscription. If you cancel after the first payment term, you will not receive a refund and your cancellation will come into effect at the end of the current payment term.

To cancel your subscription log into your account, navigate to settings and click cancel subscription. You may cancel your Paid Subscription within 15 days from the date of your purchase for a full refund by contacting Customer Support at hello@buzzyreads.com. If you cancel 15 days after purchase or renewal you will not receive a full or partial refund for your order. By placing an order to purchase content, you acknowledge and agree to this.

Paid Subscriptions automatically renew at the end of the subscription period, unless you cancel your Paid Subscription before the end of your current subscription period. 

We may suspend or cancel your Paid Subscription with immediate effect for any reasonable purposes or if you breach these terms and conditions.

From time to time we may change the price for any of the Paid Subscriptions, including recurring subscription fees. We will inform you in advance of any price changes. By continuing to use Buzzy Reads after a price change has taken effect, you will have accepted the new price. If you do not agree to the price change, you can cancel the Paid Subscription before the price change comes into effect.

CONTENT PROVIDED BY YOU

We allow you to upload, share or provide your own content to the Platform. This includes, but is not limited to, images, audio recordings and text. 

By providing content to the Platform, you confirm that you are legally allowed to do so and that you are not infringing any statutory provisions and/or third-party rights.

You acknowledge and accept that by providing your own content on the Platform that you grant us a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Platform as contractually required.

To the extent permitted by applicable law, you waive any moral rights in connection with content they provide to the Platform.

You acknowledge, accept and confirm that all content they provide through the Platform is provided subject to the same general conditions set forth for content on the Platform.

You are solely liable for any content you upload, post, share, or provide through the Platform. You acknowledge and accept that we do not filter or moderate such content. 

Your Content must not (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others’ Personal Information by any means; (c) infringe any proprietary rights of Buzzy Reads or another party; (d) seek to harm or exploit children; (e) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (f) violate Buzzy Reads or any other party’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (g) be otherwise objectionable as determined by Buzzy Reads at our sole discretion.

We reserve the right to remove, delete or block such content at our own discretion and without prior notice. The removal, deletion or blocking of content shall not entitle you that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

You agree to hold us harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

SERVICE LIMITATIONS, MODIFICATIONS, ERRORS AND INTERRUPTIONS

We strive to provide complete, accurate, up-to-date information on the Platform. Unfortunately, despite those efforts, human or technological errors may occur. The Platform may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Whilst we use reasonable endeavours to ensure that the Platform is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. 

We reserve the right to alter, suspend or discontinue any part (or the whole of) the Platform including, but not limited to, any services available. These Terms shall continue to apply to any modified version of the Platform unless it is expressly stated otherwise.

We may need to change or withdraw all or part of your subscription features and all or part of our Services if they are uneconomical, technically impractical, not fulfilling their purpose for you or us, or as a result of changes in technology. 

We aim to keep the Platform operational and to provide you with a functional service. However, our service offerings and their availability may change from time to time. We have no obligation to provide any specific content or features. We may remove particular stories, audiobooks, imagery, and other Content without notice.

If you have prepaid for a Paid Subscription that becomes discontinued and/or updated  before the end of your Pre-Paid Period, you can request a refund for the prorated discontinued time period. We will not refund for a Paid Subscription before the discontinued and/or updated date if it is past the 15 days for a monthly subscription and 30 days for the annual subscription. Your account and billing information must be up to date in order for us to refund you.

Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

To the extent that the Platform and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Platform shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

We grant you the limited right to access and make use of the Platform as our customer. However, you shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Platform or any image, page layout, page design, trade dress, trademark, logo or other content (“Content”) for any commercial purpose; (b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Content; (c) use any meta tags, search terms, key terms, or the like that contain the Platform’s name or our trademarks; (d) engage in any activity that interferes with the Platform or another user’s ability to use the Platform; (e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Platform and the goods or services offered on the Platform; or (f) assist or encourage any third party in engaging in any activity prohibited by these Terms.

PROHIBITED ACTS

You are strictly prohibited from engaging in the conduct described below. By using the Platform, you represent and warrant that you will not: 

• Take any of the following actions with respect to any contents or materials on the Services: (i) republish in print, digital media, or documents (including republication on social media or another website); (ii) sell, rent, or sub-license; (iii) show or display it in public; (iv) reproduce, duplicate, copy, or otherwise exploit for a commercial purpose; (v) edit or otherwise modify; (vi) redistribute, except for content specifically and expressly made available for redistribution; or (vii) republish or reproduce any part of the Services through the use of iframes or screenscrapers. Where content is specifically made available for redistribution, it may only be redistributed within your organization and as specified by us. 
• Use or attempt to use another user’s account without authorization, or impersonate any person or entity; 
• Harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; 
• Upload Your Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; 
• Post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; 
• Infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; 
• Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 
• Be fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar, or offensive; 
• Promote illegal or harmful activities, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; 
• Be violent or threatening or promote violence or actions that are threatening to any person or entity; or 
• Use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
• You further agree to not copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services and to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Services or any portion thereof or use it in any manner not expressly authorized by these Terms. 

Additionally, you are strictly prohibited from violating or trying to violate our security features. If you violate our system or network security, you may face civil or criminal liability. Tampering with the Services, conducting fraudulent activities on the Services, and all other illegal activities are prohibited and may subject you to legal action and/or terminate your access to the Services. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. This section provides examples of prohibited conduct. The above lists are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other individual from using or enjoying the Services will not be permitted.

THIRD PARTY WEBSITES AND LINKS

The Platform may contain links to websites owned by third parties, including but not limited to, those who may invite you to participate in promotional offers or rewards, third party payment providers or advertisers (“Third Party Websites”). We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any Third Party Websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources. You are solely responsible for any obligations or charges when dealing with any Third Party Website. 

DISCLAIMERS

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. 

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. 

AS SET FORTH IN THE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

By using this service, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Services.

DISPUTE RESOLUTION

You agree that any dispute, controversy, or claim between you and Buzzy Reads arising out of or relating to: (i) these Terms, or the breach thereof; (ii) our provision of the Platform and/or Service to you; (iii) your access to or use of the Platform and/or Service; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the dispute resolution provisions in this section. Attorney’s fees shall be awarded to the prevailing party of any Dispute.

Informal Dispute Resolution

We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Buzzy Reads, you agree to try to resolve the Dispute informally by contacting hello@buzzyreads.com. We will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after you contact Buzzy Reads, you or Buzzy Reads may bring a formal proceeding.

Arbitration Agreement

Except where prohibited by law or set forth below, as a condition of using the Platform and any related services, you hereby agree that: (1) any and all disputes and causes of action arising out of or connected with the use of the Platform shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS. To the extent permitted by the governing rules, the arbitration shall be conducted by written submissions only, or video conference technology such as Zoom. If the governing rules do not so permit, the arbitration shall be held at the JAMS location nearest to your residence. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another administrator that will do so will be selected by agreement of the parties. If the parties cannot agree, then they will jointly petition a court to appoint an administrator that will do so; (2) the Federal Arbitration Act (9 U.S.C. §1 et seq.) shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.

Disputes Excluded From Arbitration Requirement

The following disputes are excluded from the requirement to arbitrate: (1) any dispute seeking to enforce or protect, or concerning the validity of intellectual property rights; (2) individual claims brought in small claims court. The term “small claims court” shall mean a court with a maximum monetary jurisdiction limit of $15,000 (fifteen thousand dollars) or less; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

Class Action Waiver

To fullest extent permitted by applicable law, you agree to bring any dispute, whether in arbitration or in a court of law as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, MASS ACTION OR COLLECTIVE ACTION. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, any aspect of the Platform or Service, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any other jurisdiction.

PRIVACY POLICY

Use of the Platform is also governed by our Privacy Policy. To view the Privacy Policy, please go to https://buzzyreads.com/privacy-policy.

GENERAL

Assignment: These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.

Entire Agreement: These Terms constitute the entire agreement between you and us with respect to your use of the Platform and, save in the case of fraud, supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your engagement on the Platform.

You can contact us by email on hello@buzzyreads.com.