By registering and creating an account with BuzzerBeater you agree to comply with all these terms. If you do not agree with these terms, do not create an account and do not continue to use the buzzerbeater.com or buzzerbeater.org site (hereafter, "the Site") or other Digital Field Theory, LLC (hereafter, "Digital Field Theory") sites. If you have an existing account and do not agree with these terms, please email us at mark@buzzerbeater.com to close your account.
1. Services. BuzzerBeater is an internet service that allows you to play an online game. The www.buzzerbeater.com and buzzerbeater.org web site, game, and other services are collectively referred to as BuzzerBeater.
2. Age Requirement. You must be at least thirteen (13) years of age to use BuzzerBeater. You represent, warrant and covenant that you meet this age requirement.
3. Access. You must have access to the Internet in order to use BuzzerBeater. It is your responsibility to select, obtain and pay for any equipment or services necessary for access.
4. Registration. If you accept the terms, BuzzerBeater will process your registration form and establish a user account at their discretion. You must select a login name to identify you to BuzzerBeater, a team name for your BuzzerBeater account, and an alias to be displayed to other users of the BuzzerBeater web site. You may not select as your alias or team name the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, or a name that violates any third party's trademark right, copyright, or other proprietary right, or which BuzzerBeater deems in its sole discretion to be vulgar or otherwise offensive. Digital Field Theory reserves the right to delete any vulgar or otherwise offensive login name, team name, or alias, or to require you to change your login name, team name, or alias. You must also select a password for your account. Digital Field Theory recommends that you choose a password with letters and numbers and that you not use any personal information as your password. The registration form will ask you for other information about yourself ("Registration Data") which you represent and warrant is at all times true, accurate, current and complete, and which you agree to update in order to maintain as such. If you breach this representation, or Digital Field Theory has reasonable grounds to suspect that you have, Digital Field Theory has the right, upon notice, to suspend or terminate your account and this agreement and to refuse your current or future use of BuzzerBeater or any portion thereof.
5. License. Subject to all of the Terms, Digital Field Theory hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use BuzzerBeater only on the Site solely for your personal entertainment purposes. Digital Field Theory may revoke this license at any time and for any reason. In particularly, Digital Field Theory may revoke this license if you breach the terms of service we will ban your account. The terms of such terminations are explained in section 17.
6. Restrictions. You agree not to do any of the following prohibited actions:
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reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner BuzzerBeater or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;
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permit any other person (including but not limited to a former member whose account with the Site has terminated) to access BuzzerBeater, or create or provide any other means through which any games operated by Digital Field Theory may be played by anyone besides you (e.g., through server emulators);
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upload, post, email or otherwise transmit through BuzzerBeater any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party's proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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harm minors in any way;
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impersonate another user or administrator of the Site;
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through BuzzerBeater;
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interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
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intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
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"stalk" or otherwise harass another; or
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collect or store personal data about another member without the express permission of such member.
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reveal personal data about another member – including but not limited to personally identifiable information about the member, administrative role of the member within a game, or information about game characters associated with the member – without the express permission of said member.
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modify any files or use any game hacking/altering/cheating software or tools, including scripting or macroing software, or attempt to disassemble the game client and/or decipher the data transmissions between BuzzerBeater's client and server. These activities will result in immediate termination of the Player's Account and may subject you to civil and/or criminal liability.
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engage in any behaviour that is contrary to the "spirit of the game" as defined by Digital Field Theory in its sole discretion. This includes the use of multiple teams or accounts, or otherwise manipulating the game environment.
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play BuzzerBeater on any server or service that is not provided or authorised by Digital Field Theory.
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7. Content.
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Participatory Content. As part of our interactive approach, Digital Field Theory provides you with certain opportunities to submit your own text, graphics, feedback and other materials while you participate in the Games, bulletin boards, chat rooms and other activities in the Site or Services (collectively, "Participatory Content"). By submitting any Participatory Content, you represent and warrant that you are the owner of or have the right to post your Participatory Content, and your Participatory Content does not infringe the rights of any third party. You hereby grant Digital Field Theory a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Participatory Content in all media now known or later developed. You, and not Digital Field Theory, are entirely responsible for all of your Participatory Content that you upload, post, email or otherwise transmit via the Site, Services or Games.
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Third Party Content. You acknowledge and agree that the Site, Services and Games contain materials owned by Digital Field Theory and its licensors (including other members), and you agree not to interfere the copyrights, trademarks and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the United States and other applicable laws.
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Content Monitoring. As a matter of policy, Digital Field Theory does not manually pre-screen or monitor the content that you or other members may post to the BuzzerBeater site or game. Digital Field Theory reserves the right to use automated mechanisms as necessary to filter obscene or vulgar language, mechanisms which are under user control (see the Options panel). Digital Field Theory does reserve the right to monitor all such content, and reserves the right to remove without notice any and all content that Digital Field Theory, in its sole discretion, finds offensive or otherwise objectionable. You are solely responsible, and bear the risk, for evaluating the accuracy, integrity, quality, completeness or utility of any content. Digital Field Theory makes no representations or warranties about the content appearing in BuzzerBeater Under no circumstances will Digital Field Theory be liable in any way for any content, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via BuzzerBeater.
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Content Transmission. You understand that the technical processing and transmission of the Services, including your Participatory Content and Public Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
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Links. The Site, Services and Games may provide links to other sites for your convenience only. Digital Field Theory does not control, is not responsible for, does not necessarily endorse and makes no representation about the materials contained at any linked site. If you choose to visit any linked Sites, Digital Field Theory recommends that you review the other site's terms of use. Digital Field Theory is not responsible for webcasting or any other form of transmission received from any linked site.
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Auctions and Sales. It is against Digital Field Theory policy to allow accounts, characters, items, or money to be sold – for real money, or on other auction sites, or otherwise. We will ask auction sites to respect this policy. We do not allow trades concerning any other game's accounts, characters, items, or money to be performed, advertised, or solicited, unless these transfers occur exclusively on the Transfer List that is a part of the Site. We will terminate accounts that we believe are in violation of this policy.
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8. Your Account is Your Responsibility. You are solely responsible and entirely liable for all activities conducted through your account and/or your User ID, even if your account has been compromised through no fault of your own. Digital Field Theory encourages you to maintain the confidentiality of your password, and reminds you that you do not have a license to let others use your account. You agree to notify Digital Field Theory immediately in the event your password is lost, stolen, disclosed or compromised. It is not Digital Field Theory's policy to ask for your password online, and Digital Field Theory suggests that you never respond to an on-line request for your password.
9. Privacy. As described in our Privacy Policy (https://buzzerbeater.com/privacyPolicy.aspx), you understand that you have no expectation of privacy with respect to your use of the Site, Services or Games, and that all communications made by or received from you may be monitored, preserved and disclosed by Digital Field Theory representatives. You hereby consent to the extraction of hardware system profile data and any data related to operation of the software from any computer that logs on to the Site, Services or Games using your account. You acknowledge and agree that Digital Field Theory will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. Digital Field Theory will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity. Specifically, Digital Field Theory may disclose information about you or your Participatory Content if Digital Field Theory has the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any your Participatory Content violates the rights of a third party; or (d) protect the rights, property or safety of Digital Field Theory, its members or the public.
10. Charges for Service. Digital Field Theory currently does not charge a subscription fee for use of the basic features on BuzzerBeater. You may also choose to pay additional fees for additional services ("Supporter"). YOUR "SUPPORTER" FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT WHETHER OR NOT AUTHORIZED BY YOU. If your use of BuzzerBeater is subject to any use, sales or other taxes, or if Digital Field Theory offers any additional services for a fee as noted on the Site and you choose to partake in such additional fee-services, then Digital Field Theory may also bill you for any such charges, which will be in addition to the rates noted here. Digital Field Theory reserves the right to change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Site. You are responsible for regularly reviewing these Terms to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your account and this agreement as provided in Section 17 ("Termination").
11. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. Ownership. Digital Field Theory and its licensors shall at all times retain all right, title and interest in and to the Site, Services and Games, except to the extent of the licenses granted to you hereunder. Digital Field Theory, BuzzerBeater and other products referenced herein are either trademarks or registered trademarks of Digital Field Theory.
13. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL FIELD THEORY, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DIGITAL FIELD THEORY PROVIDES THE SITE, SERVICES AND GAMES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY DIGITAL FIELD THEORY IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE, SERVICES OR GAMES WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
14. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, DIGITAL FIELD THEORY AND ITS AFFILIATES', LICENSORS' AND SUBCONTRACTORS' TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE, SERVICES OR GAMES SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO DIGITAL FIELD THEORY UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
15. Consequential Damages. IN NO EVENT WILL DIGITAL FIELD THEORY, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT DIGITAL FIELD THEORY, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIGITAL FIELD THEORY’S, ITS AFFILIATES', LICENSORS' AND SUBCONTRACTORS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
16. Indemnification. You agree to defend, indemnify and hold harmless Digital Field Theory, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys' fees, arising from or related to your breach of this Agreement or portion hereof, you Participatory Content or Public Content or any act or omission by you relating the Site, Services or Games. Digital Field Theory reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
17. Termination. Either you or Digital Field Theory may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, Digital Field Theory reserves the right to terminate the Site, Services and/or Games, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES AND GAMES WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED ACCESS TIME TO "SUPPORTER" SERVICES THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION. A member whose account Digital Field Theory has terminated may not access the Site, Services or Games in any manner or for any reason without Digital Field Theory's express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination. Digital Field Theory will also terminate your access privileges to BuzzerBeater if you have not logged in to your account for over thirty (30) days, or do not log in to your account within 12 days of its creation. The following sections shall survive termination: 7(1) and 7(2), 8 and 14-20, inclusive.
18. Amendment. Digital Field Theory may amend the Terms in its sole discretion at any time by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement as provided in Section 17 ("Termination"). Your continued access and use of the Site, Services and/or Games seven (7) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.
19. Reservation of Rights. Digital Field Theory hereby reserves any rights not expressly granted herein.
20. General Provisions. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Digital Field Theory's failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Digital Field Theory of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Digital Field Theory shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Digital Field Theory's reasonable control. This agreement is governed by and construed under Delaware law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in the State of Delaware, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys' fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be sent via email to mark@buzzerbeater.com. Our telephone number is +1 609 439 3677 but we do not provide telephone support and discourage you from calling this number. Digital Field Theory may give notice to you at the e-mail address you provide in the Registration Data or specified on the "Profile" page of the site. This agreement represents the entire agreement between you and Digital Field Theory with respect to the subject matter referenced herein.
21. Facebook and other social media related privacy. In order for the Facebook Login and Connect features to work, Digital Field Theory is requesting the following data via the BuzzerBeaterCom Facebook app: email, name, id, username, first_name, last_name and location. The afore mentioned data is used to streamline the team creation process when first registering or, in case of using Facebook login with an already created team, to enable logging into BuzzerBeater.com via Facebook. In case any user wants to delete and remove all the data provided via Facebook, it can do so by emailing marin@buzzerbeater.com or sending a message requesting this to a administrator via the internal message system.
Note: The players portrayed in this game and the names used herein are fictitious, and any resemblance to the names, character, or history of any person is coincidental and unintentional.