Terms of Service

BUZZLE.COM, INC. TERMS OF SERVICE ("TOS")
The following are the terms and conditions for use of Buzzle.com, Incorporated ("Buzzle.com") services, including but not limited to e-mail, message boards, chat, suggest-a-link, tell-a-friend, Buzzle Cards, My Buzzle and publishing (each feature individually and collectively referred to as the "Service"). Please read this TOS carefully. Any applicant under the age of 18 must have parental permission to open and maintain an account.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "CONTINUE" BUTTON, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE WITHOUT EXCEPTION ("TOS").

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

  1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

    To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. You are entirely responsible for maintaining a record of your password, and the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Buzzle.com of any unauthorized use of your account or any other breach of security.

  2. MEMBER PRIVACY

    For information about member privacy at Buzzle.com, please read our Privacy Policy.

  3. FILE STORAGE, MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS

    The amount of e-mail storage space per member is limited, and subject to change without notice, at the discretion of Buzzle.com. Some e-mail messages may not be processed due to space constraints or outbound message limitations. The amount of file storage space per member is limited, and subject to change without notice at the discretion of Buzzle.com. Some file storage requests may not be processed due to space constraints. You agree that Buzzle.com is not responsible or liable for the deletion or failure to store files, messages or other information.

  4. MEMBER CONDUCT

    As a condition of your use of the Service, you warrant to Buzzle.com that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions and notices.

    The Service is provided to individuals only, and is intended for personal use only. You agree to use the e-mail Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

    You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

    • Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
    • Advertise or offer to sell or buy any goods or services for any non-personal purpose.
    • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
    • Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
    • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member, any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
    • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
    • Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
    • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
    • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
    • Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
    • Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.

    Buzzle.com has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Buzzle.com reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request without notification to the user.

  5. LINKS TO THIRD-PARTY SITES

    We do not warrant any products, services or content
    Buzzle.com does not sell any products or services, and so does not warrant any products or services. It also does not warrant its content.

    The content from or through Buzzle.com is provided "as-is," and all warranties, express or implied, are disclaimed (including but no limited to the disclaimer of any implied warranties or merchantability and fitness for a particular purpose.) The information and electronic files provided by Buzzle.com may contain errors, omissions, bugs, viruses or other limitations. Buzzle.com assumes no liability or responsibility for any errors, omissions, bugs, viruses or other limitations in its website.

    You agree to indemnify, defend and hold harmless Buzzle.com and its affiliates, licensors, content and service providers, participating publishers, authors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to the use of its website.

    We assume no liability for hyperlinks
    Buzzle.com does not assume any liability for the products, services or content of other websites linked to its website.

    No links at Buzzle.com are endorsements of any products, services or content at other websites. Visitors to Buzzle.com agree to indemnify, defend and hold harmless Buzzle.com and its affiliates, licensors, content and service providers, participating publishers, authors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to the links of its website.

    You agree that Buzzle.com shall not be responsible or liable for any unauthorized access to or alteration of your transmissions or date, any material or data sent or received or not sent or received, or any transactions entered into through the Service.

    You agree that Buzzle.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

  6. TERMINATION

    Buzzle.com may terminate any user’s access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

    Buzzle.com may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by in the sole discretion of Buzzle.com. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. Upon termination of the Service, your right to use the Service immediately ceases.

    Buzzle.com shall have no obligation to maintain any content in your account or to forward any unread or unsent e-mail messages to you or any third party.

  7. NO SPAM; DAMAGES

    Buzzle.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Buzzle.com liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Buzzle.com's actual damages, to the extent such actual damages can be reasonably calculated.

  8. PARTICIPATION IN ADVERTISER PROMOTIONS

    Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third-party. Buzzle.com shall not be responsible or liable for any part of any such dealings or promotions.

  9. PROPRIETARY RIGHTS TO CONTENT

    You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Buzzle.com, or Buzzle.com's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated websites, including code and software.

  10. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

    Buzzle.com reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this website. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

  11. GENERAL

    You agree, by completing the registration process and clicking the "continue" button, that the law of the State of California, without regard to principles of conflict of laws, will govern any dispute that might arise between you and Buzzle.com.

    Any dispute that may arise between you and Buzzle.com shall be submitted to confidential arbitration in Orange County, California, except to the extent that you may have violated or threatened to violate the intellectual property rights of Buzzle.com. In such cases, Buzzle.com may seek injunctive relief or other appropriate relief in any state or federal court.

    In all other cases, you and Buzzle.com shall submit disputes to arbitration under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

    Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Buzzle.com as a result of this agreement or use of the Service. Buzzle.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Buzzle.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Buzzle.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Buzzle.com with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Buzzle.com with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  12. TRADEMARK NOTICE

    For information about the Buzzle.com trademark notice, please read our Trademark Notice.

  13. COPYRIGHT NOTICE

    For information about copyright information at Buzzle.com, please read our Copyright Notice.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.