Welcome to our BuzzDraft website (the “Website”) and thank you for reviewing our Terms and Conditions (“Terms”). We hope that You will enjoy this Website. The Website is owned and operated by BuzzDraft LLC (“We,” “Us,” “Our” or “Provider”) and its subsidiaries and affiliates. Use of the Website is subject to the Terms and Conditions set forth below. These Terms and Conditions constitute a legally binding agreement that govern Your use of the Website and spell out what You can expect from Us and what We expect from You.
1. Acceptance of the Terms and Conditions
Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. Each visitor to the Website (a “User or You”) who accesses this Website and uses, downloads in any way, without limitation, any information, communications, files, text, graphics, software, and audio/visuals files (collectively the “Service”) from this Website, or merely browses this Website, agrees to and is bound by these Terms and Conditions.
2. Changes to the Terms and Conditions
Provider has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons, including, but not limited to, changes in market conditions affecting Provider’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Provider’s system capabilities. In the event We do so, We will post the changes on this page and the date of the changes at the top of this page. You are responsible for regularly reviewing these Terms and Conditions. If the Provider makes what it considers to be material changes to these Terms, Provider will give You additional notice by sending a notice of any changes to the e-mail address We have on file for You. Your continued use of the Website after a change or update has been made to the Terms will constitute Your acceptance of such change or update. If You do not agree to these Terms or any changes or updates, You should not use the Website or any Service offered therein.
3. Eligibility
To be eligible to register and create an authorized player account (“Account”), You must: (a) be at least eighteen (18) years of age (or have reached the age of majority in the Jurisdiction in which You reside, if greater); (b) be physically located in a country, state, city or other legal entity (collectively “Jurisdiction”) in which participation in the Service is unrestricted by law; and (c) at all times abide by these Terms and Conditions and our Official Rules of play.
By accessing the Website, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential User. Employees, officers, directors, investors, agents, and representatives of Provider or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household are NOT eligible to create an Account on the Website.
4. Services Not Available in Some Jurisdictions
You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the Website and the Service. The laws governing skill games are set up by each individual state, not by the federal government. Access to the Website and the Service may therefore not be legal for some or all residents of, or persons present in, certain Jurisdictions. Residents of Arizona, Iowa, Louisiana, Maryland, Montana, Vermont, Puerto Rico, and all countries other than the United States of America are NOT eligible to create an Account and participate in the Service. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Provider reserves the right to deny access to the Website to anyone at its sole discretion.
By creating an Account, You represent that Your participation in any Contest (defined below) on the Website is subject to all the laws of the Jurisdiction in which You reside and from which You access the Website and are solely responsible for obeying those laws. If You open an Account/and or participate in any Contest offered on this Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. Additionally, all Your deposits and winnings, if any, may be voided at the sole discretion of the Provider. You hereby agree that the Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation in any Service available on the Website. Provider makes no representations or warranties, implicit or explicit, as to Your legal rights or restrictions with respect to Your participation in any Contest offered on this Website nor shall any person affiliated or claiming affiliation with the Provider have authority to make any such representations or warranties. We do not intend that the Service be used by persons present in Jurisdictions in which participating in the Contests may be prohibited or restricted.
Provider may require any participant receiving any winnings to provide proof that he or she is eligible to participate as specified above.
5. Account Registration
In order to access the Service offered on the Website, You can either join up through third-party social networks, such as Facebook® or You will need to register and create an Account. To create an Account, go to Our Website, click on the Sign Up button and complete the registration form. You will need to submit Your e-mail address and select a unique username and a password (the “Identifiers”) and other details as requested. You agree that all information that You submit during the registration process is true and accurate. Any information collected by Provider will be held subject to our Privacy Policy.
The username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If Provider receives information of a username which is illegal or in breach of these Terms and Conditions, this username can be amended by Provider without prior notice.
By registering for an Account, You also consent to allow Provider to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Provider reserves the right to reject or revoke Your Account at its discretion for any reason.
6. User Accounts
Account Responsibility
In order to participate in any Contest on this Website (“Contest”) You will need to create an Account. When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable Jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an e-mail to support@buzzdraft.com. If You provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account, refuse any and all current or future use of the Service (or any portion thereof) and/or void all Your deposits and winnings. You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account.
B. Secrecy Obligation
You agree to keep Your Identifiers secure and confidential. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Provider by sending an e-mail to support@buzzdraft.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider.
You may be required to confirm Your identity and personal information by providing additional verification documents as reasonably requested by the Provider. Your inability to provide such verification documents could result in Your access to the Website being suspended and all funds being locked to allow for further investigation. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used and where You have not previously notified Provider as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; Provider will not issue any form of compensation.
C. One Account
Only one Account is allowed per person. If it is determined that You have registered more than one Account, then You acknowledge and agree that You shall not be eligible to win any prizes and Provider has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Website (or any portion thereof) and/or all deposits and winnings may be voided and not returned to You.
D. No Transfer
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a Contest in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this Section may be reported to the relevant authorities and will forfeit all funds in Your Account. Provider will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. However, You will be liable for losses incurred by Provider or another party due to someone else using Your Account.
E. Deposits
To participate in certain Contests, You will be required to deposit funds into Your Account by any of the methods permitted by the Website. Such funds will be deposited into Your Account upon actual receipt of funds by the Provider and/or its agents. Minimum and maximum limits may be applied to Your payments into Your Account, depending upon Your history with the Website, the method of deposit, and other factors as determined solely by the Provider. The Provider is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit or in balance in Your Account. All payments into Your Account must be from a payment source on which You are the named account holder.
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If You make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by Our Payment Processors or Your financial institution and You may be charged a service fee for such conversion. Please also be aware that Our Payment Processors or Your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of the Provider and We recommend that You contact Your financial institution directly for more information.
Winnings
Winnings will be deposited directly into Your Account. Any amounts that are mistakenly credited as winnings to Your Account remain Our property and will automatically be transferred out of Your Account upon confirmation of the error. Any winnings mistakenly credited to Your Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Provider in the amount of such wrongfully attributed winnings.
It is the policy of the Website, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Website in any given year. Depending on the jurisdiction in which You reside, the Website may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your state, province, and/or country of residence.
Referrals
You are also able to refer friends, which may allow You to earn a referral fee for each referral. Please see our Referral Page [coming soon] for more details regarding how Our referral system works. Provider reserves the right to review each referral for possible fraud. You may not refer family members or persons located in Your household. Any abuse of the referral system may result in Your return of the referral fee and/or the termination of Your account in Provider’s sole discretion.
H. Withdrawal Process
You may request a withdrawal of funds from Your available cash account balance in Your Account at any time. The minimum withdrawal is $10.00 U.S. dollars or Your entire balance (if less than $5 U.S. dollars). Account holders with pending deposits must wait until those funds clear before requesting a withdrawal.
Processing of requested funds back to a credit card, debit card or PayPal account may take up to five (5) business days; provided, however, the Website reserves the right to freeze Your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a User requesting withdrawal of funds. If You do not receive Your withdrawal within five (5) business days, please contact customer support at support@buzzdraft.com.
Provider reserves the right to require You or credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Withdrawal payments will not be made until such verification is received; if Provider has not received verification within ten (10) days, the withdrawal request will be cancelled and the Account in question will be suspended.
If Your Account is closed by the Provider for a violation of the Terms and Conditions, Your deposits and winnings may be voided and not returned to You. In such an event, Provider uses these funds to defray the costs of administration and enforcement of the Terms and Conditions.
7. Contest Play
A. Contest Rules
There are a number of Contests on this Website in which You create and manage fantasy teams for baseball, football, basketball, and hockey. The Website offers a plurality of different types of Contests including head to head challenges and multiple team competitions with varying roster requirements and number of rounds of drafting. Draft rules, player rankings, entry fees and scoring may differ from Contest to Contest. Each of Provider’s Contests are governed by specific rules, as may be modified from time to time, which are set forth in the Official Rules and are incorporated into these Terms and Conditions by this reference. You have the responsibility to review the rules prior to participating in any Contest, and to review the rules for any changes. You agree to abide by the then-current rules for the Contest(s) in which You are entered. Your failure to follow the then-current rules for the Contest(s) in which You are entered will result in your immediate and automatic forfeiture of the Contest, and Provider reserves the right to immediately terminate Your access to the Website.
As to any drafts that may occur within a particular Contest, the draft order is randomly determined by Provider’s computer once a league is filled (a number of persons or teams permitted in a league is defined within the rules of the Contest).
The results and winners of each Contest offered on the Website will be determined by Provider at its own discretion and such determinations are final. By registering an Account and/or participating in any Contest, You agree to be bound by these determinations.
B. Entry Fees and Payment
While some Contests may be free to enter, certain Contests on this Website will have an entry fee, which may vary from Contest to Contest. It is Your responsibility to know and understand the rules and required entry fees for any given Contest. For Contests with entry fees, the entry fees will be deducted from the funds deposited in Your Account. You may receive supporting information relating to charges to Your Account by sending a written request to support@buzzdraft.com.
C. Contest Prizes
Contest prizes may be virtual for use only on the Website or in the Service or they may be “real.” See Official Rules for each Contest to see the prize(s) to be awarded for that Contest. Approximate retail value of each prize(s), if any, is listed in Our Prize Page next to the corresponding prize.
All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Provider.
D. Affidavit of Eligibility
Prize winners may be required to execute and return an affidavit of eligibility, a copy of the winner’s drivers license, a liability release and, where lawful, a publicity release within seven (7) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if the prize winner is not in compliance with these Terms and Conditions, the prize will be forfeited and may be awarded to another winner at the Provider’s discretion.
8. VIP Points/Badges
A. Badges
Badges are earned for completing various tasks as can be seen on the Badges Page. Each badge earned also comes with a certain number of BuzzDraft Points (BDPs). Your badges earned are visible in your Dashboard panel within your account.
B. VIP Points
The BuzzDraft VIP Program rewards users with points for every league they enter. You will earn Base Player Points (BPPs) at a rate of 1 per dollar entry fee that you pay. BPPs are used to measure your VIP Tier Status. The higher the VIP status the higher the multiplier on your BPP points. You will earn BuzzDraft Points (BDPs) based on this multiplier. For example if your multiplier is 5 and you enter a league with a $2 entry fee you would earn 2 BPPs and 10 BDPs. The BDPs can be used to redeem prizes in our VIP Points Store. They may also be used to enter special tournaments. Read more about the program on our VIP Program Page.
9. Redemption of VIP Points
A. Purchase of Merchandise
All purchases of merchandise on the Website via the use of Your VIP Points are made pursuant to a shipment contract. This means that the risk of loss and title for such merchandise passes to You upon Provider’s delivery of the merchandise to the carrier. Provider carefully packs products for safe shipping and checks the carriers’ reliability and punctuality. However, Provider cannot guarantee that any damage to, or delay in the shipping of, merchandise offered by Provider will not occur and You agree that Provider is not responsible or liable for any such damage or delay.
B. Product Descriptions
Provider attempts to make its merchandise descriptions as accurate as possible. However, Provider does not warrant that the product descriptions or any other content on the Website is accurate, complete, reliable, current or error free. If a product offered by Provider is not as described, Your sole remedy is to return it in unused condition.
In the event that merchandise is mistakenly listed at an incorrect price, Provider reserves the right to refuse or cancel any orders placed for merchandise listed at the incorrect price. Provider reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the VIP Points deducted from Your Account. If the Points have already been deducted from Your Account for the purchase and Your order is cancelled, Provider shall issue a credit to Your Account in the amount of the incorrect price.
10. Termination of Accounts/Services
User’s Right to Termination
You may terminate Your Account at any time by contacting support at support@buzzdraft.com. The remaining funds in Your Account will be transferred to Your bank account or third party payment processor account within thirty (30) working days. Provider reserves the right to collect fees, surcharges or costs incurred before You cancel Your Account.
Provider’s Right to Termination
Provider reserves the right to terminate Your Account, limit or prohibit Your participation in the Service for any reason, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in Section 13. If Your Account is closed by the Provider for a violation of the Terms and Conditions, Your deposits and winnings may be voided and not returned to You. In such an event, Provider uses these funds to defray the costs of administration and enforcement of the Terms and Conditions.
Provider also reserves the right, in its sole discretion, to add, alter or terminate the Website, a Contest or any other Service offered therein, at any time and without notice to You.
Inactive Accounts
If You do not use Your Account by logging on and playing in a Contest for a period of 18 consecutive months or more, We reserve the right to charge a maintenance fee of $5.00 per month (the “Monthly Maintenance Fee”). After 12 or more months of inactivity, We will notify You by e-mail that if Your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from Your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from Your Account if there are no funds in Your Account. However, if Your Account has no funds and has been inactive for 24 or more consecutive months We reserve the right to close Your Account. We will provide You with at least one month’s notice by e-mail if We intend to close Your Account for this reason.
11. Intellectual Property Rights
Copyright Information and Personal & Non-Commercial Use Limitation
The Service and the compilation of all content included on this Website are owned or licensed by Provider and/or its affiliates and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. You may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service Provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) 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
(6) 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.
Provider’s Designated Agent is:
BuzzDraft LLC
Attn: Jeffrey Lande
Address: 218 Stanton Dr, Buffalo Grove, IL 60089
E-mail: jeff@buzzdraft.com
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks
Provider and/or its affiliates own or are in the process of registering trademarks for its many goods and services, including without limitation, the BuzzDraft name, Player Pulse, and the associated graphics, logos and service marks, and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners, including, without limitation, the National Football League (“NFL”), the Major Baseball League (“MLB”), the National Basketball League (“NBA”), the National Hockey League (“NHL”) and their team names, player names and logos.
D. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this website shall be the exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
E. Winners Lists and Rights of Publicity
You agree to the use by Provider, and it subsidiaries, affiliates and assigns, of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if You win a prize in a Contest.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED A WINNERS LIST.
12. Blogs, Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, or other areas or offerings in which You or other parties create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive Areas and use them at Your own risk. By using any Interactive Areas, You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
A. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
B. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
C. User Content that You do not have the right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
D. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
E. User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
F. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or otherwise misrepresents Your affiliation with Provider, or any other person or entity;
G. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
H. Private information of any other party, including, without limitation, phone numbers, postal addresses, e-mail addresses, social security information, credit and debit card information and other financial institution account information;
I. User Content “stalking” or otherwise harassing another user of the Website or an employee of Provider or any of its affiliates;
J. User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s Users;
K. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
L. User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, You agree to grant to Provider the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Website at Your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and Conditions for the Website and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Provider may access, use or disclose any information about You or Your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider’s company, employees, customers or the public.
Please be aware that any User Content You post on the Website becomes public information and can be collected and used by others and may result in Your receipt of unsolicited messages from third parties. Accordingly, we discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
13. Online Conduct and Abuse
Online Conduct and Abuse
You agree to use the Website and the Service provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website; (ix) harassing other Users; (x) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xi) causing any breach of the security of Your Account or the Website; (xii) breaching any of these Terms and Conditions; or (xiii) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
Rules for Communication and Anti-Spam Policy
It is possible for Users to contact each other on the Website. In doing so, Users are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
Provider opposes the practice commonly referred to as “Spam.” If You are reported and a claim of “Spam” is validated by Provider against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of Provider. Additionally, Your deposits and winnings, if any, may be voided at the sole discretion of Provider. Provider defines “Spam” as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat or “instant messaging” system.
Reporting Abuse or Inappropriate Conduct
If you wish to report any abuses, inappropriate online conduct or a violation of Provider’s Terms and Conditions, please forward all evidence of the same to support@buzzdraft.com. Please refer responsibly!
Penalties for Abuse, Inappropriate Online Conduct and Violating Provider’s Terms and Conditions
Provider reserves the right to block, cancel or terminate Your Account without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in Sections 13(A) and (B) above. Upon the receipt of a credible and validated complaint, Provider may elect to immediately suspend or terminate Your Account. (Suspension serves as a “final” warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Contests which have already begun will be aborted by Provider and the results will not be evaluated; You must then compensate Provider for any problems and/or lost income arising therefrom. Provider will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination on Your Account in Provider’s sole discretion, and may void Your deposits and winnings, if any. Provider reserves the right to lift any suspension against You at any time, at its sole discretion. Provider reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
14. Disclaimer of Warranties and Limitation of Liability
You expressly agree that use of the Website and Service is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website, including Your participation in any Contest on this Website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Provider spokesperson. advertisers, content providers, User, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A TELEVISION SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICE. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
15. Third Party Links
This Website contains several links to other websites and may forward You to other websites within the same Internet browser window. These websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Provider has no responsibility to You with respect to such material. Provider encourages You to examine the privacy policies and/or terms and conditions of any third party website.
16. Third Party Payment Processors
Provider uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process deposits and withdrawals into and from Your Account. All payments into Your Account must be made from a payment source on which You are the named account holder. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle deposits and withdrawals from Your Account and You irrevocably agree that Provider may give such instructions on Your behalf in accordance with Your requests as submitted through the Website, or via instructions to Our customer support support@buzzdraft.com. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and Conditions and the Payment Processors’ terms and conditions, then these Terms and Conditions shall prevail. You agree that Provider is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party in connection with Your use of the Website, except as a result of the gross negligence of Provider or its employees.
17. Privacy and Protection of Personal Information
Provider respects the privacy of visitors to our Website. Please see Provider’s Privacy Policy [insert link] relating to the collection and use of Your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of Provider’s Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Provider via e-mail at support@buzzdraft.com.
18. Maintenance and Reporting Problems
Provider conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server’s security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods.
All problems encountered during the use of the Website, including those with regard to Your Account, etc., can be reported to Provider when the problem is encountered at support@buzzdraft.com.
19. Circumvention
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Contest offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If the Provider determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled. Provider, in its sole discretion, may also void Your deposits, if any, and reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
20. Security
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Your unique Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or Your unique Identifiers. You agree to (a) immediately notify Provider of any unauthorized use of Your Account and Your unique Identifiers or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this Section.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
21. Indemnity
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use or misuse of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party’s access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential, as specified in Section 6(B); (c) Your connection to any Provider website; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service provider. Provider reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Provider, and You agree to cooperate with Provider’s defense of these claims. Provider will use reasonable efforts to notify You of any such action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of Your Account or of the Service.
22. Arbitration
Any dispute relating in any way to Your visit to the Website shall be submitted to confidential arbitration in Wilmington, DE except that, to the extent You have in any manner violated or threatened to violate Provider intellectual property rights, Provider may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the states and federal courts in the State of Delaware. You and Provider agree that any Dispute between You and Provider shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (“NAF”), using interpretations under Delaware law, and conducted under its rules, except as otherwise provided below. You and Provider will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Provider. The arbitrator may award reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with the arbitration provision. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this Section. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or (iii) any other dispute arising out of or relating to the relationship between You and the Provider. Information may be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.
23. Applicable Law/Jurisdiction
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of Delaware will govern these disclaimers, Terms and Conditions or Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and Conditions or Privacy Policy at any time. You hereby irrevocably and unconditionally consents to jurisdiction in the State of Delaware.
24. Assignment
You agree that this agreement and all incorporated agreements may not be transferred or assigned by You, but may be assigned by Provider without restriction.
25. Waiver/Severability
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
26. Statute of Limitations
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 Website, Terms and Conditions or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
27. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that (a) this Website is a service provided by BuzzDraft LLC, 218 Stanton Dr, Buffalo Grove, IL 60089 and that (b) the fees and charges for the Service vary depending on the features selected by the You. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to You of the Service. If You have a complaint regarding the Service or desire further information on use of the Service, please contact Customer Service at support@buzzdraft.com. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
28. Notices
Except as expressly stated otherwise, any notices to this Website shall be made by registered mail to:
BuzzDraft LLC
Attn: Website Notice
218 Stanton Dr
Buffalo Grove, IL 60089
Notices to You may be mailed to the postal address You provided as part of Your Registration Data (including registered mail) or by electronic mail to the e-mail address You provided as part of Your Registration Data. Notice sent to You shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
29. Entire Agreement
These Terms and Conditions constitute the entire agreement between You and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions or Privacy Policy will be effective only if in writing and signed by Provider.
The section titles in the TERMS and conditions are for convenience only and have no legal or contractual effect.
These Terms and Conditions may be changed at any time, without prior notice.
