COPYRIGHT POLICY

 

All rights reserved by BUZZNetworks, LLC (dba “SportsBUZZ”).  No part of the SportsBUZZ.com website (including all pages comprising the site and all content therein, the “website”), or any transmission or content appearing thereon, may be copied, downloaded, stored in a retrieval system or other database, further transmitted, or otherwise reproduced, stored, disseminated, transferred, altered, or used, in any form or by any means, except as permitted under the terms of the Subscriber Agreement wherein you obtained access to the website, or with prior written permission from SportsBUZZ.

 

TERMS OF USE FOR SPORTSBUZZ.COM

 

This website is a member-based service made available by BUZZNetworks, LLC, a Delaware limited liability company, and its affiliates (collectively referred to in this document as “SportsBUZZ.com”, “we”, “us” or “our”) to you, the user of this website, who has subscribed for access pursuant to the terms and conditions of the Subscriber Agreement (referred to herein as “you” or “your”).  All use of this website, including all content, information, and services provided on this website, is subject to the following terms of use (the “Terms”), which constitute a legal agreement between you and SportsBUZZ.com.  By subscribing to, accessing, browsing, and/or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms.  We may update these Terms at any time, without notice to you.  Each time you access this website, you agree to be bound by the Terms then in effect.

 

LIMITED USE LICENSE

 

By offering this website for use, we provide you with a nonexclusive, nontransferable, completely revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and in accordance with these Terms.  We reserve the right to terminate this license at any time and for any reason.  Your failure to comply with these Terms will result in automatic termination of this license, without prior notice, and you must immediately destroy all copies of any downloaded materials in your possession or control.  Except for the limited license set forth in these Terms, SportsBUZZ.com does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

 

USAGE RESTRICTIONS

 

By using this website, you agree that:

 

(1)               You shall not use, intentionally or unintentionally, any of the content, information, or services on this website in a manner contrary to or in violation of any applicable international, federal, state, or local law, rule, or regulation having the force of law;

(2)               You shall not use this website in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website;

(3)               You shall not interfere with any other party’s use and enjoyment of this website, or of any of the content, information, or services provided on this website;

(4)               You shall not forge headers or otherwise manipulate identifiers, source or object code, or metadata in order to disguise or alter the origin of any content transmitted through the website;

(5)               You shall not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law, or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(6)               You shall not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment;

(7)               You shall not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website, through password mining, hacking, or any other means;

(8)               You shall not seek to gain access to any materials or information through any means not intentionally made available by us;

(9)               You shall not reproduce, re-publish, re-write, summarize, repeat, broadcast, duplicate, copy, download, sell, resell, or otherwise exploit this website, or any portion hereof, including but not limited to any information, concepts or content obtained from this website, for any purpose whatsoever, without SportsBUZZ.com’s prior written consent;

(10)           You shall not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout, and form) without SportsBUZZ.com’s prior written consent;

(11)           You shall not make any use of the trademarks, service marks, trade names, logos, and graphics on this website without SportsBUZZ.com’s prior written consent;

(12)           You shall not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or subscribers;

(13)           You shall not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the content, information, or services on this website without SportsBUZZ.com’s prior written consent;

(14)           You shall not collect any email addresses made available on this site for purposes of promotions or marketing campaigns; and

(15)           You shall not distribute, on or through this website, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without SportsBUZZ.com’s prior written permission.

 

Any unauthorized use terminates the license granted hereby.

 

ADDITIONAL USAGE RESTRICTION-FAIR USE WAIVED

 

You may not copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, re-write, summarize, report, re-publish, resell or otherwise use any concepts, ideas, content, suggestions, editorials, data or any other information published, contained or appearing on any page or portion of this website (the foregoing actions are collectively referred to for purposes of convenience as “Re-Publishing”) for any reason whatsoever and in any form or by any means, except with SportsBUZZ.com’s prior written permission.  You represent, warrant and agree that any Re-Publishing shall not constitute “fair use” under the relevant provisions of the Copyright Act (17 U.S.C.A. §107), and to the extent that any act of Re-Publishing by you could fall within the fair use exception of the Copyright Act, or be considered as such, you knowingly and expressly disclaim and waive your right to characterize the Re-Publishing as “fair use”, and agree not to assert such a defense or adopt that position.  SportsBUZZ.com provides professional athletes with a protected online environment in which they can interact directly with their fans and other professional athletes and entertainers in an unfiltered, free flowing manner.  In connection therewith, you further knowingly acknowledge and agree that in the event of a breach of this provision, SportsBUZZ.com will suffer irreparable damages and harm for which there is no adequate remedy at law given the unique nature of its services offering, which provides subscribers access to confidential, personal and proprietary content submitted by professional athletes, for which SportsBUZZ.com may hold a copyright.  You agree that effect of any violation of professional athlete confidentiality or any Re-Publishing upon the potential market for or the value of the copyrighted content on the website will be devastating to SportsBUZZ.com, and will cause it to suffer irreparable damages which cannot be ascertained in advance, and for which there is no adequate remedy at law.  Accordingly, you hereby also agree and commit to hold all information obtained from the website in the strictest confidence, and that you will not disclose, divulge, summarize or Re-Publish any of the content obtained from the website to any other party, for any reason whatsoever.  You agree that: (1) in the event you breach this confidentiality obligation, you will be liable and obligated to pay liquidated damages in the amount of $25,000 per incident of breach or violation of this provision to SportsBUZZ.com, without the need for us to prove any specific damages; and (2) the foregoing sum represents liquidated damages for breach of this provision, and not a penalty, and you knowingly and voluntarily consent to these terms and these damages.

 

You acknowledge that your acceptance of the foregoing terms materially induced SportsBUZZ.com to enter into the Subscriber Agreement with you, and to provide you with access to the website.  Any unauthorized use or violation of this agreement terminates the license granted hereby.

 

CONTENT ON THE SPORTSBUZZ.COM WEBSITE

This website may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, this website or others ("Post" or "Postings"). We will be free to use or not use any such Postings.  We shall not be required to compensate you for any such Postings, and any such Postings shall not be considered confidential upon submission to SportsBUZZ. Further, by providing Postings to SportsBUZZ via the Website or otherwise, you: (a) represent that you own or have the right to utilize and disclose such Postings;  (b) automatically grant SportsBUZZ a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Postings, and exercise all copyright, publicity and other rights with respect to any such Postings; and (c) subject to existing laws, waive any moral rights you or your licensors have in any such Postings. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  You acknowledge that Postings do not reflect our views, and while we will attempt to remove or edit any generally objectionable material as quickly as possible, we do not have any obligation to monitor, edit, or review any Postings on this website.  We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on this website.

Without limiting the foregoing, the following behaviors are strictly prohibited:

• Strong, vulgar, obscene or otherwise harmful language,
• Racially, ethnically or otherwise, objectionable language,
• Harassing, intimidating, stalking or threatening other community members,
• Libelous, defamatory or otherwise tortuous language,
• Online vandalism,
• Impersonation of another person,
• Posting, distributing, transmitting or promoting illegal content,
• Invasion of another's privacy,
• Actions that are hurtful to minors,
• Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party, and
• Posting, providing, transmitting or otherwise making available any junk mail or spam.

We will fully cooperate with any law enforcement authorities or court order requesting or directing this website to disclose the identity of anyone posting any such information or materials.

 

ELECTRONIC COMMUNICATIONS

 

When you visit this website and when you communicate with us electronically, for example by sending us an email or ordering our products or services online, you consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on this website.  You acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

PATENTS, COPYRIGHTS, AND TRADEMARKS

 

The technology and content provided on this website is owned by or licensed to SportsBUZZ.com, and is protected by United States and international intellectual property laws.  SportsBUZZ.com retains all proprietary rights to that content and technology.  Please see our separate notice for additional information.

By displaying or posting content on this website, you hereby grant us a nonexclusive global license to publish the content submitted by you to the website.  You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to this website.  These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within this website, including both Postings, comments, and content submitted for uploading and subsequent publishing within non-message board portions of this website.  Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on this website, or for any results obtained from the use of such information or advice.  We will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained on or from this website.

LINKS

This website may provide links to other websites or resources.  Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.

CHILDREN ONLINE PROTECTION ACT NOTIFICATION

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE CONTENT, INFORMATION, OR SERVICES INCLUDED ON THIS WEBSITE.  YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES.

 

PRIVACY

 

Please review our privacy statement for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website.

 

ADVERTISERS

 

This website may contain advertising and sponsorship.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws.  SportsBUZZ.com will not be responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.

 

REGISTRATION AND ACCOUNT INFORMATION

 

Certain sections of this website require you to register as a user or create an account.  By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information.  Each registration is for a single user only, unless otherwise expressly provided and stipulated on the registration page.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  In case of any misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate.  If you believe there has been unauthorized use, you must notify us immediately.

 

TERMINATION

 

You acknowledge and agree that SportsBUZZ.com, in its sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with, or in violation of the letter or spirit of these Terms or your Subscriber Agreement, including, without limitation, for nonpayment of any real or imputed fee for use of the site. SportsBUZZ.com shall not be liable to you or any third party for termination of website access.  Should you object to any of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold SportsBUZZ.com and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.

 

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in or having jurisdiction over Fairfax County, Virginia, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

SEVERABILITY OF PROVISIONS

 

If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions, and shall not affect their validity and enforceability.

 

CONTACT INFORMATION

 

If you have any questions about these Terms, or about the content, information, or services on this website, you may contact us using any of the methods described on our ‘Contact Us’ page.