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Terms and Conditions

INTRODUCTION

Welcome to buzz.com. Buzz.com is an innovative new Web destination, owned and operated by SBC Internet Services, Inc. d/b/a AT&T Internet Services. Buzz.com distills thousands of daily blog postings and collects the most engaging blogs on topics that people are buzzing about, enabling users to more quickly and efficiently stay current on the best of the blogosphere.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing and/or using this website (the “Site” or “buzz.com”), you signify your agreement to these Terms and Conditions, which govern access to and use of this Site. We care about the privacy of our users. Click here to view the AT&T Privacy Policy (the “Privacy Policy”) which applies to buzz.com.

If you do not agree to these Terms and Conditions, including the Privacy Policy and AT&T Acceptable Use Policy, you must immediately cease all access to and use of the Site and destroy all information and materials you have obtained through this Site. We reserve the right, at our sole discretion, to modify, add, remove or otherwise change portions of these Terms and Conditions, the Privacy Policy and the AT&T Acceptable Use Policy. For changes that are not material, notice will not be provided and the changes will be effective upon posting on this Site. For material changes, notice will be provided. Please check these Terms and Conditions, the Privacy Policy and the AT&T Acceptable Use Policy periodically for changes. Your continued use of this Site following the posting of such changes will mean you accept those changes. You understand that except for advertising programs offered by us on the Site, the Site is available for your personal, non-commercial use only.

FORUMS AND PUBLIC COMMUNICATION

Buzz.com allows registered users to customize their experience, rate the stories on the site, share collections with a friend via e-mail and leave comments on the site. If you submit comments, you agree that you will abide by the AT&T Acceptable Use Policy.

We reserve the right to remove content in any comment or elsewhere on this Site at any time and for any reason or no reason, without notice to you. You agree to immediately contact buzz.com, through the Contact Us link, if you become aware of any content or conduct that violates or is inconsistent with these Terms and Conditions, the Privacy Policy or the AT&T Acceptable Use Policy.

You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an AT&T site or Service(s).

For more information about AT&T's copyright protection practices under the Digital Millennium Copyright Act (DMCA) of 1998, and for information on how to contact AT&T’s DMCA agent, please refer to: http://www.att.net/legal/copyright.

By submitting any materials to us, including but not limited to, any feedback, data, questions, comments, suggestions or the like (“User Content”), you automatically grant (or warrant that the owner of such materials expressly grants) us and our affiliates a world-wide, perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed anywhere, without compensation to you. In addition, you warrant that you are the owner of those materials or have obtained all necessary rights for us and our affiliates to exercise the foregoing license. You also warrant that all so-called moral rights in those materials have been waived.

When participating in a Forum, you should never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable. We cannot and will not be responsible for the content or accuracy of any information, and will not be responsible for any decisions made based on such information.

All user comments will include the user name and date the comment was posted on the site. Please keep in mind that whenever you give out personal information online --- for example, via the comments area --- that information can be collected and used by people you do not know. While buzz.com strives to protect the privacy of your personal information, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

CONTENT LINKED TO OR FROM ANY BUZZ.COM SITE
You should be aware that when you are on the buzz.com Site, you could be directed to or presented with content that links to websites that we do not own or control. The buzz.com Site includes links from buzz.com to other websites that take you outside of our service. For example, if you click on a banner advertisement, or a Blog Posting (as defined below), the click may take you off the buzz.com Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement, as well as links to websites that host Blog Postings. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Buzz.com does not own or control these third party websites. If you decide to leave the Site and access the third party sites or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

We explicitly disclaim any responsibility or liability for the accuracy, content, or availability of information found on any websites that link to or from the buzz.com Site, as well as any information contained in Blog Postings. Advertising, Blog Postings, or other third party content on this Site does not imply our approval or endorsement. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the buzz.com Site or any third party content on our Site. We have not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites or content, or in any Blog Postings on the buzz.com Site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites, Blog Postings and other third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

The owner of a blog that has been shown on buzz.com can request that the story be removed from the site and that their site be excluded from future stories by going to the Contact Us portion of the website (always linked in the top right hand corner of buzz.com web pages). From here simply select the “Request to remove blog from the buzz system” and complete the contact form. Our system administrator will remove the source blog from the system within three (3) business days.

We reserve the right to, in our sole discretion at any time, for any reason or no reason, without notice to you, disable links from third party websites to the buzz.com Site or from the buzz.com Site to any third party website.

Ownership and Attribution:

AT&T Intellectual Property II, L.P. d/b/a AT&T Intellectual Property retains all ownership and other rights in the embedded content (other than referenced featured content sources and Blog Postings on the buzz.com Site), as well as all buzz.com logos and trademarks used in connection with buzz.com's content.

Right to Discontinue Feeds:

Buzz.com reserves the right to, in our sole discretion at any time, for any reason or no reason, without notice to you, discontinue providing feeds and to require you to cease displaying, distributing, or otherwise using any or all of the buzz.com feeds for any reason. Buzz.com expressly disclaims all liability for any of your activities in connection with the feeds or for your use of the feeds in connection with your website.

RESTRICTIONS ON USE OF MATERIALS

The buzz.com Site includes a collection of third party content and Blog Postings from various websites that may or may not be affiliated with buzz.com. Buzz.com does not produce the featured content sources or the Blog Postings. Buzz.com explicitly disclaims all responsibility and liability related to featured content sources and Blog Postings, including, but not limited to, the accuracy or content of the Blog Postings.

Unless otherwise noted, all site-specific materials, trademarks, service marks, and trade names contained in any buzz.com Site are the copyrighted property of that site or its subsidiaries or affiliated companies and/or third party licensors. All other materials, trademarks, service marks, and trade names (other than Blog Postings) are proprietary to buzz.com or its affiliates. No material from any buzz.com Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these Terms and Conditions, the use of any such material on any other website or computer environment is prohibited.

INFORMATION YOU PROVIDE

In consideration of your access to or use of this Site, you agree to provide accurate, current and complete information as requested on the registration form.

SECURITY

Your use of this Site and material from this Site is at your own risk.

You agree not to, or attempt to, tamper with the software or functionality of the Site and not to, or attempt to, introduce any material into the Site that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. Likewise, you will not reverse engineer any of our applications. You are responsible for taking all precautions and steps necessary to ensure the security and integrity of your systems.

You may not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy of any other user of the Site in any applicable jurisdiction. You will not misrepresent yourself or capture data. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.

You must be at least 18 years of age to access and use the registered user section of the buzz.com Site. Access to and use of the registered user section is through a combination of an ID and a password. You must keep your password strictly confidential. You may access your account personally from multiple computers, but sharing of account passwords with other persons is a violation of these Terms and Conditions and may result in account termination.

Your right to use the Site or any portion or materials thereof is subject to any limits established by buzz.com from time to time. SBC INTERNET SERVICES, INC. D/B/A AT&T INTERNET SERVICES MAY, IN ITS SOLE DISCRETION, AT ANY TIME AND FOR ANY REASON OR NOT REASON, WITHOUT NOTICE TO YOU, SUSPEND OR TERMINATE YOUR ACCESS AND ACCOUNT, THEREBY TERMINATING ALL OBLIGATIONS OF BUZZ.COM UNDER THESE TERMS AND CONDITIONS.

DISCLAIMER
THE MATERIALS IN THIS BUZZ.COM SITE ARE PROVIDED AS IS, AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR AVAILABLE THROUGH THE BUZZ.COM SITE OR THE MATERIALS ON ANY BUZZ.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY BUZZ.COM SITE OR THE SERVERS THAT MAKE THIS SITE OR SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BUZZ.COM SITE OR ANY MATERIALS ON THE BUZZ.COM SITE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out your access to or use of this Site or any materials available through this Site or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT FROM THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE BUZZ.COM SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BUZZ.COM SITE.

APPLICABLE LAW

Any dispute arising out of your use of this Site or the material from this Site shall be resolved according to the laws of Texas, United States of America, without giving effect to that state’s principles of conflicts of laws. You agree that the federal and state courts of the State of Texas shall have exclusive jurisdiction over all claims.

TERMINATION
Your access may be terminated by buzz.com, in its sole discretion, at any time and for any reason or for no reason. Upon termination, you agree to immediately discontinue use of all buzz.com Sites and destroy all materials obtained from any and all such Sites and all related documentation and all copies and installations thereof, whether made under the terms of these Terms and Conditions or otherwise. You shall have no recourse and buzz.com shall have no liability with respect to any such termination. All provisions of these Terms of Use relating to warranties, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other Provisions

These Terms and Conditions, including the AT&T Privacy Policy and the AT&T Acceptable Use Policy, which are incorporated by reference and can be viewed at http://www.att.com/gen/privacy-policy?pid=2506 and http://www.corp.att.com/aup/,constitute the entire agreement between you and buzz.com regarding the use of the Site, superseding any prior agreements between you and buzz.com relating to your use of the Site. The failure of buzz.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms and Conditions is held invalid, the remainder of the provisions shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.