as of June 25, 2009
TERMS OF USE OF:
BUDDYBROWSER.COM / BUDDY BROWSER / BUDDY MESSENGER:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (the “Site”). BuddyBrowser.com presents this Site at BuddyBrowser.com and its actual Buddy Browser & Buddy Messenger to you. (“Buddy Browser”). By accessing and using this Site and downloading and installing Buddy Browser and Buddy Messenger, you are hereby agreeing to be legally bound by the terms and conditions of Buddy Browser. If you do not agree with all of the following terms and conditions, please do not use this Site and attempt to download and install Buddy Browser and Buddy Messenger. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on August 1, 2005.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the “Material”) are the property of Buddy Browser and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Buddy Browser hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of Buddy Browser. Use of and/or its licensors’ Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
“Buddy Rewards”/”Tell-A-Friend”/”My Photos” /”Buddy Boards”/”Buddy Messenger”
To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the “Postings”), please be advised that Postings do not necessarily reflect the views of Buddy browser. In no event shall Buddy Browser assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. By submitting a posting anywhere in Buddy Browser or Via Buddy Messenger or sending an email Via Tell-A-Friend program, you authorize Buddy Browser to use, and authorize others to use, such Postings in whole or in part, throughout the universe in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Buddy Browser permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. You hereby authorize Buddy Browser to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Buddy Browser will have the right to use and change the Postings in any manner that Buddy Browser may determine. Additionally, Buddy Browser may sweep its message boards periodically in its sole discretion. Buddy Browser does not allow, and you agree not to provide, any Postings that contain: – Private or personal information that might identify a user – Profanity or obscenities – Personal attacks on other individuals – Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or – Other information that Buddy Browser deems in its sole discretion to be inappropriate for this Site. By submitting a Posting, you agree to defend, indemnify and hold Nickelodeon Online, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder. While Buddy Browser periodically monitors the content posted on this Site and on its Buddy Messenger and Buddy Browser, it cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Buddy Browser will make every effort to ensure that the Buddy boards, Buddy Rewards program, Tell A friend, Buddy Messenger, My Photo best serve the interests of all users and, therefore, Buddy Browser reserves the right to refuse to post, edit, or delete messages that violate the above-referenced Rules of Participation, as well as revoke the privileges of users who do not comply with such rules. BuddyBrowser.com and its Buddy Browser and Buddy Messenger do not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout our website. Users acknowledge that any reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.
FUTURE CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES
Buddy Browser will provides Rules of Participation for certain activities on Buddy Browser including, without limitation, contests, sweepstakes, and electronic postcards by Buddy Browser and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buddy Browser is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUDDY BROWSER, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY BUDDY BROWSER OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Nickelodeon Online’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
DEALINGS WITH THIRD PARTY SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Buddy Browser shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Buddy Browser, its subsidiaries and affiliates of the opinions or views expressed by these third party Web sites and Buddy Browser does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Buddy Browser is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Buddy Browser nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Buddy Browser will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, Buddy Browser, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Buddy Browser reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Buddy Browser in asserting any available defenses
MISCELLANEOUS
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. You also may be subject to different terms and conditions that may apply when you use or purchase certain other Buddy Browser products, affiliate products or third party products. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of California and County of Los Angeles.
