Your Conduct and Responsibilities
You hereby agree to the following with regard to your use of the Website, Service or Software: In order to access some features of the Website, you will have to create an account.
You shall provide accurate, true and current information as prompted during the account registration process and shall maintain and update such information to keep it accurate, true and current at all times.
You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, video clips, photos, other media content and comments regardless of whether or not you are the person posting such content or comments (collectively, the "User Content").
You represent and warrant that all User Content that you post to the Website shall be your wholly original material (except for material that you are using with the permission of its owner), and will not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
You shall be solely responsible for keeping a duplicate copy of all User Content that you post to the Website and we do not accept any responsibility or liability for the loss of your User Content.
You shall not share your password with any other person or post it on this or any other website.
You shall notify BuzCAST.com℠ immediately of any breach of security or unauthorized use of your account.
Although BuzCAST.com℠ will not be liable for your losses caused by unauthorized use of your account, you may be liable for the losses incurred by BuzCAST.com℠ or others due to unauthorized use.
You shall not use the BuzCAST.com℠ Service for any illegal or unauthorized purpose.
You shall not attempt to hack, destabilize or adapt the BuzCAST.com℠ Website or Software or its source code, or alter another website so as to falsely imply that it is affiliated with BuzCAST.com℠.
You shall not transmit worms, viruses or any code of a destructive nature to BuzCAST.com℠ or its users.
You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Website or Service. Notwithstanding the foregoing, BuzCAST.com℠ grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BuzCAST.com℠ reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Your account shall be terminated if it is used for hosting graphic elements of web page designs, icons, buddy icons, forum avatars, badges and other elements outside of the BuzCAST.com℠ Website or Service.
We may make third party software and/or services (such as upload software and tape transfers) available to you in conjunction with the use of BuzCAST.com℠ Website and Service. You are responsible for ensuring that you are in possession of any and all necessary licenses or other documentation for the products provided by any third party and that you understand and comply with the terms and conditions of such licenses.
You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of our Website, Services and Software and for paying all charges related thereto.
Any comments, suggestions, or feedback relating to the Website, Service or Software (collectively "Feedback") submitted to BuzCAST.com℠ shall become the property of BuzCAST.com℠ or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website, Service, Software or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You shall not abuse, harass, threaten, harm or impersonate other BuzCAST.com℠ users or employees of BuzCAST.com℠ or any of its Partners, at any time or for any reason.
"Partner" shall mean any person, entity or organization with whom BuzCAST.com℠ enters into any kind of business transaction relating to the Service or User Content. Neither BuzCAST.com℠ nor any of its Partners is responsible or liable for any unauthorized use of your account.
You shall not post User Content deemed hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability, violate any law, or is otherwise inappropriate.
You shall not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BuzCAST.com℠ all of the license rights granted herein.
You understand that when using the BuzCAST.com℠ Website or Service, you will be exposed to User Content provided by other users and you agree that neither BuzCAST.com℠ nor any of its Partners is responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content. If you believe that another user has violated the Terms and Conditions or has engaged in unlawful behavior on the BuzCAST.com℠ Website, please let us know.
If you wish to distribute video for commercial purposes, please contact us.
You retain your ownership rights to the User Content you upload to the BuzCAST.com℠ Website. BuzCAST.com℠ does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and BuzCAST.com℠ expressly disclaims any and all liability in connection with User Content.
Grant of Rights
You are responsible for your own User Content on the BuzCAST.com℠ Website and the consequences of posting or publishing it. By uploading User Content to the BuzCAST.com℠ Website, you hereby represent and warrant that:
You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein;
You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website and the Services.
You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
You shall make such permissions available to BuzCAST.com℠ and its Partners upon request;
Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party;
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of BuzCAST.com℠.
You grant the rights hereunder whether or not your User Content is used by BuzCAST.com℠, any other BuzCAST.com℠ users or BuzCAST.com℠'s Partners. You acknowledge that your consideration for the rights you grant under these Terms and Conditions in and to your User Content is, among other things, the tools and functionality provided for your use on the Website and the possibility of BuzCAST.com℠ or its Partners (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your User Content will not be acknowledged, returned or held "in confidence" by BuzCAST.com℠ or its Partners. BuzCAST.com℠ and its Partners reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. User Content will not be returned, and BuzCAST.com℠ and its Partners have no obligation to inform you of any decision to remove or not post such materials.
BuzCAST.com℠ User Rights
You understand that User Content is made available to BuzCAST.com℠ users on an AS-IS, AS-AVAILABLE basis. Neither BuzCAST.com℠ nor its Partners guarantees that the availability of User Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. BuzCAST.com℠ reserves the right to discontinue any aspect of the BuzCAST.com℠ Website or Service at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.
BuzCAST.com℠ may provide you with an "Embeddable Player" feature to enable you to incorporate certain User Content hosted by the BuzCAST.com℠ Website which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website; provided that you include a prominent link back to the BuzCAST.com℠ Website on all the pages containing the Embeddable Player. BuzCAST.com℠ shall have no responsibility or liability for the User Content its users post to other websites, and the removal of such content is the sole responsibility of those other websites.
Subject to these Terms and Conditions, BuzCAST.com℠ grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use the BuzCAST.com℠ Software (Software).
You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of BuzCAST.com℠; (ii) sublicense, sublease, lease, lend, assign, sell, resell, license, re-license, distribute, rent, export, re-export, permit concurrent use of or grant other rights in the Software and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever; (iv) remove or alter any copyright and/or other proprietary notices contained on or in the Software; (v) use the Software for unlawful purposes, including to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism, or to facilitate such unlawful purposes.
You have no ownership rights in the Software or any related documentation. You acknowledge that the Software, including the related documentation and any new releases, modifications, and enhancements thereto, belong to us and our licensors if any, including all intellectual property rights therein. BuzCAST.com℠ and its licensors retain all right, title, and interest in and to the Software and any related documentation. You understand and agree that you shall gain no right, title, or interest in or to the Software by virtue of your Feedback and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the Software (or any changes, modifications, or corrections thereto). If you are ever held or deemed to hold any right in or to the Software (or any changes, modifications, or corrections thereto) by virtue of your Feedback, then you hereby irrevocably assign to BuzCAST.com℠ all such rights. In the event that any such right cannot be so assigned, you hereby agree to waive enforcement worldwide of such rights against BuzCAST.com℠ and hereby grant to BuzCAST.com℠ an exclusive license, with right to sublicense through multiple tiers of sub licensees, to use, reproduce, distribute, create derivative works of, publicly perform and display, in any medium or format, whether now known or later developed, any and all property that is subject to such rights. You further acknowledge that the Software, and any documentation and other information relating thereto include some of our valuable trade secrets or confidential information, and agree to treat the Software and such information as well as the terms of this Agreement as our confidential and proprietary information. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND INTELLECTUAL PROPERTY LAWS AND THAT UNAUTHORIZED USE MAY SUBJECT YOU TO CIVIL AND CRIMINAL LIABILITY.
Third Party Software.
You understand and agree that portions of the Software or Service may include third party software that may be subject to a separate license agreement (not this license), that we have no responsibility or liability to you with respect to such third party software, and you agree to comply with and be bound by such separate license agreement. Use of the Service or Software may, in the future, require the installation of third party software which we may direct you to on our Website. This software is provided to you from the applicable third party and its use is subject to an end user license agreement with such third party and we will not be responsible for providing such third party software or its use.
The Software and any related documentation are "commercial items" as that term is defined in 48 C.F.R.§2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the United States Code of Federal Regulations, as applicable, the Software and related documentation are distributed and licensed to United States Government end users with only those restricted rights that are contained in these Terms and Conditions.
BuzCAST.com℠ and its Partners respect the intellectual property of others, and we ask you and all of our users to do the same. BuzCAST.com℠ may remove content from the Website that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies. If you believe that your User Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing BuzCAST.com℠’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send this information to:
40 Engelwood Drive, Suite B.
Orion, MI 48359
The content on the BuzCAST.com℠ Website, Service and Software, including without limitation, the text, software, scripts, graphics, photos, sounds, music, content, interactive features and the like ("BuzCAST.com℠ Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BuzCAST.com℠, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. BuzCAST.com℠ Content on the Website, Service and Software is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BuzCAST.com℠ reserves all rights not expressly granted in and to the Website, Service and Software and the BuzCAST.com℠ Content. You agree to not engage in the use, copying, or distribution of any of the BuzCAST.com℠ Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the BuzCAST.com℠ Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the BuzCAST.com℠ Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BuzCAST.com℠ Website or the Content therein.
Third Party Websites
BuzCAST.com℠ reserves the right at any time to charge fees for access to new BuzCAST.com℠ content or services or to portions (or all) of the existing Website or Service. In no event will you be charged for access to any BuzCAST.com℠ content or service unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.
Warranty Disclaimer: YOU AGREE THAT YOUR USE OF THE BuzCAST.com℠ WEBSITE, SERVICE AND SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BuzCAST.com℠, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SERVICE AND SOFTWARE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT OR SYSTEMS INTEGRATION. NEITHER BuzCAST.com℠ NOR ANY OF ITS PARTNERS MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE BuzCAST.com℠ WEBSITE, THE SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 BuzCAST.com℠ WEBSITE. NEITHER BuzCAST.com℠ NOR ANY OF ITS PARTNERS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BuzCAST.com℠ WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BuzCAST.com℠ AND ITS PARTNERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL BuzCAST.com℠, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BuzCAST.com℠ WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER BuzCAST.com℠ NOR ANY OF ITS PARTNERS SHALL BE LIABLE FOR USER CONTENT OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by BuzCAST.com℠ from its facilities in the United States of America. BuzCAST.com℠ makes no representations that the BuzCAST.com℠ Website is appropriate or available for use in other locations. Those who access or use the BuzCAST.com℠ Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Release and Indemnity
Without limiting the above, you hereby release, discharge and hold harmless BuzCAST.com℠ and its Partners and each of their respective employees, officers, directors and suppliers (collectively, "Releases") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your User Content, including without limitation any exploitation of your User Content, on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation). You agree to defend, indemnify and hold harmless BuzCAST.com℠ and its Partners, and each of their officers, directors, employees, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in any way relating to: (i) your (or anyone using your account's) use of and access to the BuzCAST.com℠ Website, Service or Software; (ii) your (or anyone using your account's) violation of any term of these Terms and Conditions; (iii) your (or anyone using your account's) violation of any third party right, including without limitation any intellectual property, copyright, property, personal injury or privacy right; or (iv) any claim that (or anyone using your account's) User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the BuzCAST.com℠ Service and Website.
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 and disclaimers may not apply to you. To the extent that BuzCAST.com℠ or its Partners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of BuzCAST.com℠ and its Partners shall be the minimum permitted under such applicable law.
Modification or Termination of Service
You acknowledge that BuzCAST.com℠ may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. BuzCAST.com℠ may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. Neither BuzCAST.com℠ nor its Partners are under any obligation to preserve, provide access to or return to you any User Content. You agree that BuzCAST.com℠ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right to refuse Service to anyone or to terminate a user's account for any reason at any time.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 18, as the BuzCAST.com℠ Website is not intended for children under 18. If you are under 18 years of age, then please do not use the BuzCAST.com℠ Website—Talk to your parents about what sites are appropriate for you.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BuzCAST.com℠ without restriction.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Oakland County, Michigan and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, BuzCAST.com℠ may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction