Terms and Conditions

last modified: 03-15-2007

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT INCLUDING, WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND ("CONTENT") TO BUZZNET YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO BUZZNET.

ACCEPTANCE OF TERMS Welcome to Buzznet.

Buzznet provides a photo and video hosting/blogging service to you ("Service"), subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. Your Buzznet Service constitutes acceptance of these TOS and creates a binding legal agreement, so read them carefully. Please note, you must be 13 years or older to use this service.

REGISTRATION

You agree that all information provided to Buzznet upon registration and at all other times will be true, accurate, current and complete. You also agree that you ensure this information will be kept up to date at all times. This especially applies to your email address since we will direct all communication to you about your Buzznet account to your email address. We will use the information you provide to us in accordance with our Privacy Policy.

PRIVACY POLICY AND CONSUMER EDUCATION

It is Buzznet's policy to respect the privacy of Members. Therefore, we will not disclose to any unauthorized third party a Member's name or contact information. Buzznet will also not monitor, edit or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Buzznet; (2) protect and defend the rights or property of Buzznet; or (3) act under exigent circumstances to protect the personal safety of Buzznet service's Users or the public; (4) fix or debug problems with the Buzznet servers/software/service.

Children's Privacy

Buzznet does not direct its Web site to persons under 13 years of age, and requires Users of its service to be 13 years or older. Accordingly, Buzznet does not knowingly collect or maintain on its Web site personally identifying or other information from persons under 13 years of age.

Consumer Education Related to Social Networking

Creating a safe social networking environment is important to Buzznet. While Buzznet does not target or knowingly allow Users under 18 to use its Service, interested persons may visit the following links created by the Federal Trade Commission to learn more about social networking safety tips:

http://onguardonline.gov/socialnetworking.html

http://onguardonline.gov/socialnetworking_youth.html

BUZZNET'S COPYRIGHTS

Unless otherwise indicated, all Web site materials originated by Buzznet, including, without limitation, the BUZZNET logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Buzznet. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Web site that originated from Buzznet -- including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance -- without the prior written permission of Buzznet is strictly prohibited.

USE OF CONTENT SUBMITTED BY YOU

You agree that any Content you upload, post, email, transmit or otherwise make available via the Buzznet Service is non-confidential and that Buzznet shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Buzznet Service and Buzznet's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Buzznet Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Buzznet Service a non-exclusive license to access your Content through the Web site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Web site and under these Terms of Service. The submission of any materials to Buzznet irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Buzznet Service.

BUZZNET'S TRADEMARKS

The BUZZNET name and logo are trademarks of Buzznet, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Buzznet. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Buzznet, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Buzznet.

LINKING TO OUR WEB SITE

You are granted a limited, non-exclusive right to create a hyperlink to this Web site provided such link does not portray Buzznet or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Buzznet trademark, logo or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without Buzznet's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Buzznet name, trademark or product name without Buzznet's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Buzznet or any third party. Buzznet makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of Web sites linking to this Web site.

THIRD PARTY LINKS

Buzznet may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Buzznet does not monitor, nor does it have any control over, any Third Party Content. Buzznet does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Buzznet makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Buzznet site, you should be aware that Buzznet's terms and conditions no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.

OTHER INFORMATION/LOGGING AND COOKIES

Buzznet uses the services of a third party vendor, Omniture, to help us measure the effectiveness of our advertising and how visitors use buzznet.com. To do this, we may use Web beacons and cookies provided by Omniture on this site. The type of information we collect includes the pages visited, navigation patterns, etc. This information helps us learn things such as what product information is of most interest to our customers, and what kinds of offers our customers like to see. Although Omniture logs the information coming from our site on our behalf, Buzznet controls how that data may and may not be used. If you do not want to assist Buzznet in improving our site, products, offers and marketing strategy, you can "opt-out" of this Web site analysis tool by clicking here: http://buzznet.122.2O7.net/optout.html

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Buzznet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Buzznet Service. Buzznet does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Buzznet be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a Buzznet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or which would violate any right of publicity, right of privacy or other right of any party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. upload, post, email, link, transmit or otherwise make available 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 or hardware or telecommunications equipment;

i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

k. "stalk" or otherwise harass another;

l. collect or store personal data about other users;

m. link to or refer to Content not allowed under these Buzznet Photo Submission Terms of Use;

n. otherwise use the service in a manner deemed inappropriate by Buzznet.

POSSIBLE CONTENT REMOVAL

Buzznet retains the right, but not the obligation, to monitor and edit or remove any activity or Content that it deems in its sole discretion to be harmful to users, Buzznet or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that it deems in its sole judgment to be inappropriate or that it believes may subject it to any liability, including without limitation the following:

• photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;


• partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;


• profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;


• any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT

If you believe that any material on this Web site infringes upon any copyright that you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.

NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent for notifications, Copyright Agent, Buzznet.com, 6464 W. Sunset Blvd., #650, Hollywood, California 90028; 213-252-8999; contact @ buzznet.com:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.


• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.


• Information reasonably sufficient to permit Buzznet to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.


• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


• Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
• It is Buzznet's policy to terminate the accounts [membership] of Users [Members] who are repeat infringers or who are repeatedly charged with infringement, in appropriate circumstances.

TERMINATION

By Member: You may terminate the Member Agreement at any time. Termination of the Member Agreement also terminates these Terms of Service. To terminate the Member Agreement, you must notify Buzznet by sending e-mail to support@buzznet.com. After receipt of your termination notice, Buzznet will terminate your account.

By Buzznet: Buzznet may terminate the Member Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing the Service using Member's username. Buzznet, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Service with or without notice, to any User.

INDEMNIFICATION

User agrees to indemnify and hold BUZZNET, their parents, friends, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of BUZZNET, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.

DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUZZNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. BUZZNET MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUZZNET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Buzznet reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Buzznet.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUZZNET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUZZNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

GENERAL INFORMATION

The TOS constitute the entire agreement between you and Buzznet and govern your use of the Service, superseding any prior agreements between you and Buzznet. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Buzznet services, third-party content or third-party software. The TOS and the relationship between you and Buzznet shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Buzznet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Buzznet to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

VIOLATIONS AND COMMENTS

Please report any violations of the TOS or make any comments to
contact @ buzznet.com.

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