Terms of Use

 

Buzztime, Inc. provides its service to registered users, subject to the following Terms of Service ("TOS") and all applicable laws, which may be updated from time to time without notice to users. Please read the TOS carefully before using this site. By registering as a user, you accept, without limitation or qualification, the TOS, acknowledge that you are an individual 18 years of age or older. You are bound by any revisions to the TOS and should therefore periodically visit this page to review the then current TOS.

 

In addition, when using selected Buzztime services, you will be subject to any posted terms, guidelines or rules applicable to such services which may be posted from time to time. All such terms, guidelines or rules are hereby incorporated by reference into the TOS. You agree to comply with all laws, rules and regulations that are applicable to you.

 

You acknowledge and agree that Buzztime has and retains all right, title and interest in and to all content of the site, including all Trademarks as defined below.

 

The trademarks, logos, service marks, trade names and trade dress ("Trademarks") displayed on or of the site, including the names of all games, are registered and unregistered Trademarks of Buzztime and/or others. The site content, arrangement and selection are copyrighted © 2001 Buzztime, Inc. and may not be used without the prior written permission of Buzztime. All rights are reserved. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or content displayed on the site without the written permission of Buzztime or such third party that may own the Trademarks or content displayed on the site. Your misuse of the Trademarks displayed on the site, or any other content on the site, except as provided in these TOS, is strictly prohibited. You are also advised that Buzztime will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

You may not distribute, modify, transmit, reuse, re-post, or use the content of the site for public or commercial purposes, including the text, images, audio, and video without Buzztime's prior written permission. Buzztime neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Buzztime.

 

You are expressly prohibited from using the site in conjunction with any lottery, gambling or similar activity, and shall not sponsor, encourage, organize or knowingly participate in any activity which constitutes a lottery, gambling or similar activity in connection with the site.

 

While Buzztime uses reasonable efforts to include accurate and up-to-date information in the site, Buzztime makes no warranties or representations as to its accuracy. Buzztime assumes no liability or responsibility for any errors or omissions in the content of the site. Buzztime, or any other party involved in creating, producing, or delivering the site, will not, under any circumstances, be liable to user or to any third party for any consequential, indirect, general, special, incidental or exemplary damages arising out of user's access to, or use of, the site or any related sites even if such damages are foreseeable and even if Buzztime has been apprised of the likelihood of such damages occurring. Buzztime also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. In no event shall Buzztime's aggregate liability, either jointly or severally, exceed $100.

 

Buzztime EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND USER HEREBY WAIVES THE BENEFIT OF ANY AND ALL SUCH WARRANTIES WHETHER EXPRESSED OR IMPLIED. THE SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. Please note that some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you. Refer to your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

Any communication or material you transmit to the site via electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as nonconfidential and non-proprietary. Any communication or material you transmit or post may be used by Buzztime or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Buzztime is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

 

You shall provide true, accurate, current and complete information about yourself ("Registration Data") when completing Buzztime's registration form. Further, you agree to maintain and properly update the Registration Data to keep it true, accurate, current and complete. Registration Data and certain other information about you is subject to Buzztime's privacy policy. For more information, please see our Privacy Pledge. Buzztime has not reviewed all of the sites linked to the site and is not responsible for the content of any off-site pages or any other sites linked to the site. Your linking to any other off-site pages or other sites is at your own risk.

 

Buzztime reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, its services or any user's account with or without notice to any user, without liability to any user or any third party. Notwithstanding the foregoing, Buzztime hereby advises that the services will be interrupted a minimum of twice per week to allow Buzztime to perform updates.

 

The TOS shall be governed by the laws of the State of California without regard to conflict of law provisions. All disputes or claims based upon or arising under or out of the TOS shall be resolved by mandatory binding and final arbitration conducted in the County of San Diego in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) before a sole neutral arbitrator selected by that Association. Each party shall have the right to be represented by counsel at its own expense. The arbitrator shall have the discretion to order that the cost of arbitration, including arbitrator's fees and other costs, and reasonable attorneys' fees, shall be borne by the losing party.

 
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