Made In The United States of MIND™

Terms of Service

Terms of Service

​Welcome to www.Euphorium.BUZZ (the “Website”), operated by EUPHORIUM LLC (“Euphorium.BUZZ”, “we”, “our”, or “us”). The Website is a non-anonymous, password-only accessible website using real names and factual information provided by users. The Website contains proprietary content as well as content supplied from select market and news data vendors and user-provided information and content. The Website is accessible via a computer, laptop, mobile tablet, or mobile phone, via the Euphorium.BUZZ App. "App" means any third-party app downloadable through Google play or the App Store or any other venue (including any updates/upgrades to that app). When the word “Website” is used herein, it encompasses the App and all other websites and web pages related or linked to the App or the Website that are owned or operated by Euphorium.BUZZ, including without limitation pages on Facebook and Twitter or any other online platform.

The App facilitates the transmission of a list of installed apps on your device to a third party's server. This information will be used to provide you with advertisements that are better suited to your interests. If you do not agree to the transmission of a list of your installed Apps to a third party, please do not install the App. In order use or otherwise access the App, you must have a mobile device and wireless plan that is compatible with the App. Euphorium.BUZZ does not warrant that the App will be compatible with your mobile device and/or wireless plan. By using the App, you may incur standard messaging, data and other rates and fees from your wireless carrier. Euphorium.BUZZ shall not be responsible for wireless charges and fees that you incur from your wireless carrier.

  1. Use.

1.1 Acknowledgment. Please read these terms of use (the “Agreement”) carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you have read this Agreement and the Privacy Policy, are at least eighteen (18) years of age, and wish to be bound by the terms and conditions set forth in the Agreement and the Privacy Policy. If you are not at least eighteen (18) years of age or do not wish to be bound by the Agreement and the Privacy Policy, you are not authorized to use this Website. Additional terms and conditions may apply to certain portions of the Website, and your use of such portions of the Website indicates your agreement to such terms and conditions. Euphorium.BUZZ reserves the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Modified” at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website. A current version of the Agreement and the Privacy Policy are accessible via the footer of the Website’s homepage.

1.2 License. Except as expressly permitted by Euphorium.BUZZ in writing, you agree that no proprietary rights therein are being transferred to you by these Terms of Service and your license to access, browse and/or use the Website, including the Content and User Submissions, is limited solely to a personal, revocable, nonexclusive, non-transferable licence to (i) access, view and use the Website, the Content, and the User Submissions, and (ii) copy, download and store the Content or the User Submissions (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content or User Submissions solely for your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content or User Submissions that you download, create, generate, store and/or print, you will reproduce and include all copyright and other proprietary notices included in such Content and such User Submissions.

1.3 Prohibitions. Except as expressly permitted by Euphorium.BUZZ in these Terms of Service or otherwise in writing, you will not copy, store, reproduce, modify, adapt, translate, publish, distribute, transmit, download, upload, post, sell, rent, licence, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or any of the Content or User Submissions, in whole or in part, in any form or by any means, whether manual or automatic. Further, you shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the marks and/or names “Euphorium.BUZZ” or any other colorable equivalent without the prior written authorization of Euphorium.BUZZ.

1.4 Further Prohibitions.        You will not, directly or indirectly:

  1. Use the Website, Content, User Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;

  2. Use the Website, Content, User Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,

  3. Publish or distribute in any medium the Website, Content, User Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;

  4. Attempt to access or access any other Website user’s account;

  5. Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;

  6. Attempt to elude or elude the Website’s security systems;

  7. Attempt to gain access or gain access to the Website in a fraudulent manner;

  8. Use the Website for any purposes other than those intended by Euphorium.BUZZ, as determined by Euphorium.BUZZ in its sole discretion; or

  9. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

1.5 Injunctive Relief.   You specifically acknowledge and agree that any and all misappropriation or misuse of the Website, Content, User Submissions, Databases and any other information contained therein will cause irreparable harm to Euphorium.BUZZ and that in such event money damages will not constitute sufficient compensation to Euphorium.BUZZ; consequently, in the event that You, directly or indirectly, misappropriate or misuse of the Website, Content, User Submissions, Databases and any other information contained therein, You specifically consent to Euphorium.BUZZ obtaining injunctive relief against You in addition to any other legal or financial remedies to which Euphorium.BUZZ may be entitled.

1.3 Reservation of Rights. Euphorium.BUZZ reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate Your password and account should You be in violation of these Terms of Service.

1.4 Modifications. Euphorium.BUZZ may change the format and the Website and Content from time to time. You should install all updates to the App and refresh Your browser each time you visit the Website to ensure that you download the most up to date version of the Website.

  1. User Accounts.

2.1 User Registrations; Accurate Information. In order to make use of certain functionality on the Website and/or purchase our products, you may need to create a user account on the Website (“Account”). You agree to provide us with accurate, complete and current information at all times.
2.2 User ID; Password. Website users who create an Account will obtain a user ID and password (“Profile”). You agree not to allow any third party to use your Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using your Account. You agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access the Website by using your Profile or otherwise by using your Account. No part of a Profile or Account may be transferred or sold to another party by you. You agree to notify Euphorium.BUZZ immediately of any unauthorized use of your Profile, Account or the Website. You agree that Euphorium.BUZZ shall not be liable for any loss that results from the unauthorized use of your Profile or Account, either with or without such your knowledge.

2.3 Revocation of User Accounts. You agree that Euphorium.BUZZ has the right to cancel your account and/or revoke your Profile for any reason at any time, in our sole discretion, and you agree that Euphorium.BUZZ shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.

  1. User Submissions

3.1   Subject to the rights and licenses you grant to Euphorium.BUZZ under these Terms of Service, you retain all copyright rights and all rights to own and use remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with registration) to Euphorium.BUZZ through the Website (individually and collectively, “User Submissions”). You understand that Euphorium.BUZZ cannot guarantee, and will not be subject to any obligation, whether of attribution or otherwise, regarding User Submissions and will not be liable for any use, misuse, infringement or disclosure of any User Submissions by any third party. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them on the Website or otherwise. You continue to have the right to use and license User Submissions. You acknowledge and agree that by submitting User Submissions, You (i) grant Euphorium.BUZZ a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Euphorium.BUZZ the right to pursue at law any person or entity that violates your and/or Euphorium.BUZZ’s rights in your User Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your User Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof. You further acknowledge and agree that your User Submissions are non-confidential and do not contain proprietary information and that Euphorium.BUZZ may use them for our internal business purposes to derive metrics and analytics and disclose any such metrics and analytics regarding User Submissions for marketing and promotional purposes.

3.2       Except as described in the Website’s Privacy Policy, Euphorium.BUZZ will not be required to treat any User Submissions as confidential, and you acknowledge and agree that Euphorium.BUZZ may use in connection with its business any of the concepts and ideas contained in your User Submissions (including without limitation, product or advertising ideas) without compensation to you and Euphorium.BUZZ will not incur any liability to you as a result of any similarities between concepts and ideas contained in your Submission and future Euphorium.BUZZ operations and business. Except as otherwise set forth in these Terms of Service, Euphorium.BUZZ will be entitled to use the User Submissions for any commercial or other purpose whatsoever without compensation to you or any other person.

3.3       Your User Submissions, including personally identifiable information or personal data contained therein, are made voluntarily and are subject to the Privacy Policy. You are responsible for the content of Your User Submissions and at your sole expense you agree to defend or at Euphorium.BUZZ’s option pay for Euphorium.BUZZ to defend, indemnify and hold Euphorium.BUZZ harmless from any damages, losses, costs, or expenses, including attorneys’ fees and c0sts, which Euphorium.BUZZ may incur as a result of Your User Submissions.

With respect to Your User Submissions, You acknowledge, warrant and agree that:

  1. Your User Submissions will be true and accurate, are the original work of your authorship, that you are not employed or otherwise being compensated by the provider of the products or services (if any) to which your User Submissions relates and that you are not impersonating any other person;

  2. You have the right to make your User Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the User Submissions will not contain any content, personally identifiable information, personal data or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products or services (if any) to which Your Submission relates; and

  3. Your User Submissions will not violate any law or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such User Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.

3.4       Euphorium.BUZZ is under no obligation to post, display or otherwise use any User Submission. Euphorium.BUZZ retains the right to review and delete from the Website any User Submissions which Euphorium.BUZZ in its sole discretion considers illegal, offensive, obscene, abusive, commercial in nature, infringing, inappropriate or otherwise violates these Terms of Service. If notified of an allegation that User Submissions contain infringing information, materials or other content, Euphorium.BUZZ may investigate the allegation and determine in its sole discretion whether to remove the same from the Website. Notices to Euphorium.BUZZ regarding any alleged copyright infringement should be sent to Euphorium.BUZZ at 3278 Wilshire Blvd. Suite 901, Los Angeles, CA 90010 (Legal@Euphorium.BUZZ)

3.5 You further acknowledge that Euphorium.BUZZ has no obligation whatsoever to pay you any royalty or other compensation from the use or display of your User Submission or otherwise from the exercise of Euphorium.BUZZ’s rights granted under these Terms of Service. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Euphorium.BUZZ or its owners/operators, affiliates, licensees, licensors, and/or any other person, on the grounds that any use of a User Submission infringes any of your rights as creator of the User Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights. However, Euphorium.BUZZ will not share information attributable to you individually with any third parties outside the Euphorium.BUZZ Members without your express written consent.

3.6 Euphorium.BUZZ is not required and may not keep back-up copies of User Submissions. Euphorium.BUZZ makes no guarantee that User Submissions will be safely stored and you should independently back-up and archive your User Submissions.

  1. Copyright. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), whether or not in the form of Digital Content, and databases used to store the Websites, Content, User Submissions or information provided by users of the Website and any other services provided by Euphorium.BUZZ (collectively, the “Databases”) and any other information contained therein are valuable intellectual property owned by or licenced to its affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited; however, you may print copies of any Content or portion thereof contained on the Website for your personal use only. If you use material appearing on the Website contrary as set forth in the Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.  "Digital Content" means digitized electronic content, such as books, newspapers, magazines, journals, music, videos, Apps, blogs, RSS feeds, games, and other static and interactive electronic content.

 

  1.  Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Euphorium.BUZZ or its licensors, sponsors, partners or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion or in any manner that disparages or discredits us.

 

  1. Site Monitoring.

6.1 Basic Monitoring. Euphorium.BUZZ may monitor or review any areas on the Website where users transmit or post User Submissions or communicate solely with each other for compliance with the Terms of Service. Euphorium.BUZZ is not responsible for screening, policing, editing or monitoring the User Submissions or other third party statements posted on the Website, including, without limitation, all third party advertising posted on the Website. Euphorium.BUZZ does not endorse, support, sanction, encourage, verify, or necessarily agree with the User Submissions and other comments, opinions, or statements posted on the Website by users and other third parties. Any User Submissions or any other information or material placed on the Website by users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements and do not necessarily represent the views of Euphorium.BUZZ. Euphorium.BUZZ reserves all of its rights to discontinue in its sole discretion the Website or any component thereof in general or to any User at any time.

6.2 Disclosure. Subject to the terms of its Privacy Policy, which is incorporated and made part of these Terms of Service, Euphorium.BUZZ may disclose to third parties any User Submissions, records, electronic communications, information, materials or other content of any kind (i) if Euphorium.BUZZ believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect Euphorium.BUZZ’s rights and property or the rights and property of Euphorium.BUZZ’s users and affiliates.

 

  1. Purchases.

7.1 Products. Multiple products and services are offered for sale through the Website. In the event you wish to purchase any of these products or services, you will be asked by Euphorium.BUZZ or an authorized third party on Euphorium.BUZZ’s behalf to supply certain information to us, including without limitation, your full name, address and credit card information. You agree to provide us or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges made under your Profile as well as for paying any applicable taxes.

7.2 Subscription. By purchasing a subscription to the Website, you will be able to use additional Website functions and features (“Subscription”). All fees and taxes you pay in connection with your Subscription are non-refundable. If you believe you purchased a particular Subscription in error, contact Euphorium.BUZZ at harris@alanharris.attorney before you activate your Subscription so that your Subscription can be changed to the one you intended to purchase. Once a Subscription is activated, no changes can be made to it.

7.3 Payment. Your right to any product or service that is available for purchase through the Website is conditional on our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and/or suspend or terminate your account.

7.4 Risk of Loss. You acknowledge and agree that your only remedy for failures, delays or interruptions with respect to the ordering of and delivery of products or services ordered by you through the Website is limited to a refund for such products, in Euphorium.BUZZ’s sole discretion. All products or services ordered through the Website are acquired by you “as is” and “where is”.
7.5 Product and Services Descriptions. We attempt to be as accurate as possible in describing products and services (including pricing) offered for purchase through the Website; however, we do not warrant that all such descriptions are complete, current or error-free.

7.6 Returns. If you have purchased a product or service offered through the Website that you wish to return to us, please contact us in accordance with Section 14 below.

  1. Third Party Content and Links. Euphorium.BUZZ and/or third parties may provide content for the Website (“Third Party Content”) or links to other websites of possible interest to you. Because we have no control over such Third Party Content or websites, you acknowledge and agree that we are not responsible for the Third Party Content or the availability of such websites and do not endorse and are not responsible or liable for the Third Party Content or any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Euphorium.BUZZ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content or content, advertising, services, products, or other materials on or available from such websites. All such Third Party Content and websites shall be subject to the policies and procedures of the owner of such websites.

  2. DISCLAIMER OF WARRANTIES.

9.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. EUPHORIUM.BUZZ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, THIRD PARTY CONTENT OR USER SUBMISSIONS APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, THIRD PARTY CONTENT OR USER SUBMISSIONS APPEARING ON THE WEBSITE. EUPHORIUM.BUZZ IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND EUPHORIUM.BUZZ MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, EUPHORIUM.BUZZ DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

9.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL EUPHORIUM.BUZZ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT, THIRD PARTY CONTENT OR USER SUBMISSIONS OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. EUPHORIUM.BUZZ DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

  1. LIMITATION OF LIABILITY.

10.1 IN NO EVENT SHALL Euphorium.BUZZ BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. EUPHORIUM.BUZZ’S AND ITS AFFILIATES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO $1,000.

 

10.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS HEREOF MAY NOT APPLY TO YOU.

 

  1. Indemnification. You agree to indemnify, defend and hold Euphorium.BUZZ harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

 

  1. Commercial Use. Aside from purchase made by you through the Website, you acknowledge and agree that you may not use the Website directly or indirectly in connection with any commercial endeavours.

 

  1. Governing Laws. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York, New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

 

  1. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that Euphorium.BUZZ may automatically assign this Agreement in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.14. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at harris@alanharris.attorney or write to us at Law Office of Alan Harris, 3278 Wilshire Blvd. Suite 901, Los Angeles, CA 90010 Attention: Alan Harris.