buzzd

By using the buzzd Mobile web site, a service of Buzzd Entertainment, Inc. (dba Buzzd.com), you are agreeing to be bound by the following terms and conditions ("Terms of Use").

buzzd Terms of Service

Effective as of June 6, 2008

IMPORTANT: THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF THE BUZZD WEBSITE AND SERVICES. PLEASE READ THEM CAREFULLY TOGETHER WITH THE BUZZD PRIVACY POLICY.

Welcome to buzzd Mobile, a service of buzzd, Inc. By registering for, visiting or using any aspect of the Website (defined below) or registering, accessing or using the Services (defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service"). "Website" means any website owned and operated by buzzd, including www.buzzd.com or buzzd.com/m, as well as any co-branded versions of any such website, unless another terms of use is posted on such cobranded site. "Service" means the mobile content delivery services provided by buzzd in connection with the Website which allows you to use a compatible mobile device which you own or have the right to use (the "Device") to access content and to interact with buzzd or other users, via the Internet, SMS, MMS, WAP and other means of mobile content delivery. The Website and Service are sometimes referred to collectively as "buzzd Mobile".

I. GENERAL

Basic Rules

You must be 13 years or older to use buzzd Mobile. Each user who signs up or uses buzzd Mobile represents to buzzd that he/she is at least 13 years of age. If you are older than 13 but not yet 18 years old, you agree that you have received parental permission to provide personal information to buzzd.
You are responsible for any activity that occurs under your screen name.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other Buzzd users.
You may not use buzzd Mobile for any illegal or unauthorized purpose. Users accessing buzzd Mobile from outside the US agree to comply with all local laws regarding online conduct, acceptable content and transmission of information.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other materials of whatever form or nature that you submit, post, and display on or through buzzd Mobile ("User Content").
You must not modify, adapt or hack buzzd Mobile or modify another website so as to falsely imply that it is associated with buzzd or buzzd Mobile.
You must not create or submit unwanted email or text messages to any buzzd members ("Spam").
You must not transmit any worms or viruses or any code of a destructive nature.
You must not post or transmit any User Content that infringes buzzd's or any third party's copyright, patent, trademark, trade secret or other proprietary rights, or that is libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to buzzd or third parties or that infringes any third party rights, including publicity or privacy.
You must not use buzzd Mobile in violation of any applicable law, rule or regulation.
Certain content on or available through buzzd Mobile is licensed to buzzd from third parties. Such content is the protected, copyrighted materials of such third parties and may only be used for inwall:blockidual, personal use. Such third party content may not be copied, transferred or distributed without the prior written consent of the owners of such content, except as permitted below.
buzzd Mobile includes functionality which allows buzzd users to send images and text appearing on buzzd Mobile to third party unaffiliated websites using an automated tool provided by buzzd. This use is accepted (and even encouraged!). However, buzzd Mobile content displayed on the other websites may appear only in the format created by the buzzd automated tool, and may include a link back to the Website.

While buzzd prohibits certain conduct and content on buzzd Mobile, you understand and agree that buzzd is not responsible for the Content posted on or available through buzzd Mobile, or for actions of other buzzd users. We may, but have no obligation to, remove User Content or other content and accounts containing User Content that we determine in our sole discretion violate these Terms of Service. You acknowledge that you may be exposed to materials and/or behavior which you may find objectionable or which may not comply with theses Terms of Service, and you agree that you use buzzd Mobile at your own risk.

Termination; Modification

buzzd reserves the right to modify, suspend or discontinue all or any portion fo buzzd Mobile for any reason, without notice at any time.
Buzzed may alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined by buzzd in its sole discretion.
We reserve the right to refuse access or to terminate a users’ right to use buzzd Mobile for any reason at any time. You agree that violation of this Terms of Service will result in the immediate termination of your right to use buzzd Mobile.

User profile; Support

Opting-in to receive SMS Updates from your friends

Opting-out of SMS Updates from your friends Disable all mobile updates by texting any of the following words to 28993: "end, stop, quit, cancel, unsubscribe". Msg&data rates may apply.
All mobile updates my also be disabled from the Website at http://www.buzzd.com/m
Disable mobile updates from a specific registered buzzd user or users by texting "block 'username'" to 28993 (where 'username' is a registered buzzd username).

To get help, email us at support@buzzd.com, or call us at 646.723.4657. From your mobile phone, you may request our contact information at any time by texting HELP into 28993. Msg&data rates may apply.

buzzd respects the intellectual property rights of others, and expects you to do the same. If you believe that any Content has been used on buzzd Mobile in a manner not authorized by you and that constitutes copyright infringement, please provide buzzd's Copyright Agent with a written notice that includes the following information: (1) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) a description of where the material that you claim is infringing is located on buzzd Mobile; (4) your address, telephone number, and e-mail address; (5) a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. buzzd’s Copyright Agent for notice of claims of copyright infringement on buzzd Mobile is:

buzzd, Inc.

833 Broadway

New York, NY 10003

Attn: Copyright Agent

support@buzzd.com

II. Legal Stuff

Indemnity. You agree to indemnify and hold harmless buzzd and its employees, officers, directors, parents, subsidiaries, agents, contractors, suppliers, affiliates and/or licensors (the "Affiliates") from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning (A) any third party access, use or misuse of buzzd Mobile or Content, through the Devise or under your account, whether or not authorized by you, or (B) your violation of these Terms of Service, the Privacy Policy or any applicable laws (collectively "Claims"), and agree to reimburse them on demand for any liabilities, losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims, including costs of defense of such Claim.

Disclaimers.YOUR USE OF BUZZD MOBILE AND CONTENT, IS SOLELY AT YOUR OWN RISK. BUZZD MOBILE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BUZZD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT BUZZD MOBILE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BUZZD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF BUZZD MOBILE OR CONTENT WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU AGREE THAT YOU WILL NOT HOLD BUZZED RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING BUZZD MOBILE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF DEVICES YOU USE TO ACCESS THE SAME.

UNDER NO CIRCUMSTANCES SHALL BUZZD BE LIABLE FOR ANY CONTENT OR ANY OTHER ASPECT OF BUZZD MOBILE THAT ANYONE MIGHT FIND OBJECTIONABLE. OR FOR ANY UNAUTHORIZED USE OF BUZZD MOBILE OR CONTENT. UNDER NO CIRCUMSTANCES SHALL BUZZD BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE BUZZD MOBILE OR CONTENT, EVEN IF BUZZD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN BUZZD SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.

III. MISCELLANEOUS

This Terms of Service, and all terms or documents referred to herein, including without limitation, the Privacy Policy, represent your entire agreement with buzzd regarding your use of buzzd Mobile, including, without limitation, the Content. Except as expressly set forth herein, this Terms of Service does not confer any rights or remedies upon any person other than the parties to this Terms of Service. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The failure of a party, at any time or from time to time, to require performance of any obligations of the other party under this Terms of Service shall not affect its right to enforce any provision of this Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of this Terms of Service shall be effective unless it is in writing and signed by an authorized representative of buzzd. buzzd’s remedies under this Terms of Service shall be cumulative.

The laws of the State of New York, excluding its conflicts-of-law rules, govern this Terms of Service and your use of buzzd Mobile, including, without limitation, the Content. You expressly agree to the exclusive jurisdiction and venue in the state and federal courts of the State of New York, New York County, USA for all disputes arising out of or related to buzzd Mobile, including the Content, or this Terms of Service.