The following are the terms and conditions for use of the ("Buzzmint") service described herein (the "Service"). Please read them carefully. BY CLICKING THE "Create Account" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF these terms of use ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

1. GENERAL
The Site contains links to external sites. Buzzmint is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Buzzmint. Buzzmint disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.

2. DEFINITIONS

"Account" refers to the billing account for the Service.

"VoU" means the proprietary Buzzmint Client Code, which is installed on a web page for the purpose of collecting customer data, together with any fixes, updates and upgrades provided to you.

"Customer Data" means the feedback and data concerning the characteristics and activities of visitors to your website that is collected through use of the VoU and then forwarded to the Servers and analyzed by the Processing Software.

"Documentation" means any accompanying proprietary documentation made available to you by Buzzmint for use with the Processing Software, including any documentation available online or otherwise.

"Page View" is a unit of measurement for usage of the Service. A Page View is used when the VoU is executed on a web page accessed by a visitor, and processed. A Page View may result in a Recording under certain conditions.

"Processing Software" means the Buzzmint Software and any all upgrades to such, which analyzes the Customer Data and generates the Reports.

"Recording" is a unit of measurement for usage of the Service. A Recording is incurred when the VoU records client side actions and transmits them to the server for processing. A Page View may result in a Recording or it may not, depending on the type of the VoU that is installed in the web page.

"Project" means the collection of settings, data and Recordings. For example, a Project could be established to collect data about a specific web site or a web page. There can be multiple Projects established for a single Account.

"Report" means the resulting analysis shown at buzzmint.com (or such other URL Buzzmint may provide from time to time) including stored Page Views and Recordings.

"Servers" means the servers controlled by Buzzmint upon which the Processing Software and Customer Data are stored.

"Software" means the VoU and the Processing Software.

"Subscription" means the specific Recordings, Reports and billing terms agreed upon for your Account, between you and Buzzmint.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY.

To register for the Service, you must complete the registration process by providing Buzzmint with current, complete and accurate information as prompted by the registration form, including your e-mail address (username) and password. You will at all times be responsible for maintaining the security of your account and password: you should protect your passwords and are fully responsible for your own and third party use of your accounts. Buzzmint cannot and will not be liable for any loss and/or damage resulting from your failure to comply with this security obligation. You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including but not limited to copyright laws). You are solely responsible for any and all activities that relate to your Account. You agree to notify Buzzmint immediately upon learning of any unauthorized use of your Account or any other breach of security. From time to time, Buzzmint support staff may log in to the Service under your customer password in order to maintain or improve the Service, including providing you with assistance on technical or billing issues. You hereby acknowledge and consent to such access.

4. NON EXCLUSIVE LICENSE.

Buzzmint hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the Software solely as necessary to use the Service for one or more web pages that you own and control (collectively, the "Website"). Subject to the terms and conditions of this Agreement, You may remotely access, view and download your Reports stored at buzzmint.com (or such other URL Buzzmint may provide from time to time). Your license of, use of and access to the Software and the Service (which may include, without limitation, the Software, Documentation and the Reports) is conditioned upon your compliance with the terms and conditions of the Agreement, including the following:

You will not ,nor will you allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the VoU, the Processing Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service and Reports solely for your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Documentation, Software, Service and Reports.

The license will expire immediately upon failure to comply with the terms of this Agreement. Upon such expiration, you must destroy all originals and copies of the VoU in your possession and so certify in writing to Buzzmint within 3 business days of termination and cease any further use of the Service without the express written consent of Buzzmint.

5. CONFIDENTIALITY.

"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Buzzmint, and for any use or misuse of your account resulting from any third party using a password or user name issued to you.

6. INFORMATION RIGHTS.

You hereby allow Buzzmint to collect, store and process your Customer Data. The Customer Data may include one or more cookies that Buzzmint uses to differentiate between users. Buzzmint may examine Customer Data to provide you with technical support or to improve the Service.

Buzzmint may retain and use, subject to the terms of its Privacy Policy (located at http://buzzmint.com/privacy.php, or such other URL as Buzzmint may provide from time to time), information collected on your use of the Service, in order to, among others, generate anonymous aggregated reports. Buzzmint will not share information associated with you or your Website with any third parties unless Buzzmint (i) has your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Buzzmint, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Buzzmint's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Buzzmint. When this is done, it is subject to agreements that oblige those parties to process such information only on Buzzmint's instructions and in compliance with this Agreement and appropriate confidentiality and security measures.

7. BILLING.

All subscriptions are paid for 1 month. You can cancel your subscription at any time, your subscription will then continue until the end of your current subscription period.

8. LIMITATIONS.

Buzzmint Subscriptions offered on-line can be used by websites with an average of less than 260,000 daily unique visitors. Websites with a higher number of Daily Unique Visitors must contact Buzzmint directly to facilitate this level of website activity and would need to sign a custom “Enterprise” Subscription.

9. PRIVACY.

You will not (and will not allow any third party to) use the Service to track or collect personally identifiable information of visitors that was not voluntarily supplied to you, nor will you (or will you allow any third party to) associate any data gathered from your website(s) (or such third parties' website(s)) with any personally identifying information from any source as part of your use (or such third parties' use) of the Service. You will have and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from visitors to your websites. You must make sure to follow our guidelines to mark all "sensitive" visitor fields (credit card numbers, social security numbers, religious/political/sexual preferences, etc) in a special way so that those will not be transmitted, stored and processed by the Service.

10. INDEMNIFICATION.

You agree to indemnify, hold harmless and defend Buzzmint, at your expense, any and all third-party claims, actions, proceedings, and suits brought against Buzzmint or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Buzzmint or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your violations of applicable laws, rules or regulations in connection with the Service, or (iv) your Brand Features. In such a case, Buzzmint will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Buzzmint reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. THIRD PARTIES.

If you provide access to your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party ("Third Party"), whether or not you are authorized to do so by Buzzmint, the terms of this Section shall apply to you.

If you use the Service on behalf of any Third Party, you represent and warrant that (a) you are authorized to act on behalf of, and bind to this Agreement, that Third Party, (b) as between the Third Party and you, the Third Party owns any rights to Customer Data in the applicable account, and (c) you shall not disclose Third Party's Customer Data to any other party without the Third Party's consent.

You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. Buzzmint makes no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, you shall take all measures necessary to disclaim any and all representations or warranties that may pertain to Buzzmint, the Service, the Software or the Reports, or use thereof. You agree to indemnify, hold harmless and defend Buzzmint, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against Buzzmint or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Buzzmint, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by you concerning any aspect of the Service, the Software or Reports to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Service, the Software or Reports; (c) violations of your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Reports.

12. DISCLAIMER OF WARRANTIES.

The information and services included in or available through the Service, including the Reports, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Buzzmint and/or its respective suppliers may make improvements and/or changes in the Service or Software at any time, with or without notice. Buzzmint does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Software or any other software on the Server are free of viruses or other harmful components. You specifically agree that Buzzmint shall not be responsible for unauthorized access to or alteration of the Customer Data or data from your Website. Buzzmint does not guarantee storage of Customer Data. Storage space allocated to you is subject to agreement with Buzzmint or the amount of available space.

Buzzmint does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Buzzmint's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Buzzmint or your servers are located or co-located. Complete accuracy in all aspects of your Statistics at all times also is not guaranteed.

THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Buzzmint, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Buzzmint DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY.

Buzzmint WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Buzzmint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

Buzzmint total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed US $500.

14. PROPRIETARY RIGHTS NOTICE.

The Service, which includes but is not limited to the VoU and the Software and all intellectual property rights in the Service are, and shall remain, the property of Buzzmint. All rights in and to the Software not expressly granted to you in this Agreement are hereby expressly reserved and retained by Buzzmint and its licensors without restriction, including, without limitation, Buzzmint right to sole ownership of the Software and Documentation logos, trademarks, trade secrets, databases, reports, and Web site.

Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Buzzmint; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Buzzmint other than in the name of Buzzmint; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.

15. TERM and TERMINATION.

You can cancel your Account and Subscription at any time by removing the VoU from your web pages, deleting all Projects from your Account and then contacting the staff for account cancellation. You should note that immediately following cancellation, all data will be deleted from the Servers and you will not be able to recover the deleted information once the Account is cancelled.

When you cancel your Subscription, your plan will remain active during the current billing period, but your subscription will not thereafter be renewed. After your subscription expires, no new recordings will be generated, however, your recording history will be maintained for a 30- day period, after which data will be immediately deleted from your Account. The deleted information will not be recoverable at the end of such 30 day period.

Buzzmint, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Data in your Account. Buzzmint reserves the right to refuse service to anyone for any reason at any time.

Violation of any of the Terms of Service may result in the termination of the Service.

Upon any termination or expiration of this Agreement, Buzzmint will cease providing the Service, and you will delete all copies of Buzzmint's VoU code from all web pages under your control and certify thereto in writing to Buzzmint within three (3) business days of such termination. In the event of any termination (a) you will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of your historical report data will no longer be available to you unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination.

Note that your Subscription will be automatically renewed at the end of the specific Term and accordingly your Account and Subscription will stay valid (and accordingly, your obligation to pay the applicable fees will continue) until you decide to cancel your Account as stated herein below.

16. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES.

Buzzmint reserves the right at any time and from time to time to update, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Buzzmint shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.Buzzmint.com/terms.php. Downgrading your Service may cause the loss of Data, features, or capacity of your Account. Buzzmint does not accept any liability for such loss.

17. SERVICE UPGRADES AND DOWNGRADES.

You can downgrade or upgrade your subscription at any time. Subscription downgrades take effect at the end of the current billing period. Subscription upgrades take effect immediately.

18. GENERAL CONDITIONS.

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Buzzmint, or any other Buzzmint service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Buzzmint.

You understand that the technical processing and transmission of the Service, including your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Buzzmint technical staff may instruct you, from time to time, to perform modifications to the VoU installed in your Website. You agree to cooperate and perform any required modifications.

19. MISCELLANEOUS; APPLICABLE LAW AND VENUE.

Buzzmint shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the State of Denmarkl without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Holstebro, Denmark. Any notices to Buzzmint must be sent to: Buzzmint ApS., Flintoeksen 5, DK-7500 Holstebro, Denmark, via first class or air mail or overnight courier, and are deemed given upon receipt. The failure of Buzzmint to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You may not assign or otherwise transfer any of your rights hereunder without Buzzmint's prior written consent, and any such attempt is void. The relationship between Buzzmint and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. Buzzmint reserves the right to amend, change these terms of service, except for the agreed upon terms of the Account and the Subscription, at any time without notice, and encourages you to periodically review them to ensure you are in compliance therewith.