Terms of Service

This agreement contains the terms and conditions (the "Terms of Service") under which Federated Media Publishing, Inc. offers you (the "user" or "you"), access to its family of Federated Media websites, including dailybuzz.com (the "Sites") and the Sites' Services (as defined below). Among other things, these Terms of Service describe the user's responsibilities and limit Federated Media's liability. Federated Media and any and all of the entities that control, are controlled by, or are affiliated with or under common control with Federated Media are referred to herein as "Federated Media." Before using any of the Services, please read these Terms of Service carefully.

1. USER ACCEPTANCE

By using the Services and/or visiting any Site, you agree to be legally bound and to abide by these Terms of Service. If you do not agree to these Terms of Service, you must not use any of the Sites or the Services.

2. CHANGES TO TERMS OF SERVICE

Federated Media reserves the right, in its sole discretion, to amend these Terms of Service at any time upon posting the amended terms on the Site, and upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. Your continued use of the Site and the Services following our posting of any changes will constitute your acceptance of such changes.

3. THE SITES' SERVICES

The Services available on the various Federated Sites help you find and browse information related to a range of topics and allow you to submit content and information to the Sites in the form of photos, videos, reviews, comments, votes and a wide variety of other content for your own use and for viewing by other users (the "Services").

These Terms of Service apply to any user of any of the Sites and Services, regardless of whether or not the user submits content for public display on a Site. The Sites may also contain links to third party websites that are not owned or controlled by Federated Media. Federated Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Federated Media will not censor or edit the content of any third-party websites. By using one of the Sites, you expressly relieve Federated Media and the operator of the Site from any and all liability arising from your use of any third-party website.

4. ELIGIBILITY

You must be 13 years of age or older to use one of the Sites, and 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a member or to obtain Services through a Site. The Sites and Services are administered in the United States and are intended for U.S. users. Any use outside of the United States is at the user's own risk and international users are responsible for compliance with local laws.

5. REGISTRATION

Some of the Sites require you to register with Federated Media or a third party partner in order to use the Services or access certain features of the Services. If you register, you are required to provide accurate and up to date information including an email address ("User ID") and password that you control. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. Federated Media reserves the right to cancel your membership at its discretion.

6. RIGHTS TO USE

Subject to the Restrictions on Rights to Use in these Terms of Service, Federated Media hereby grants you permission to use the Sites and Services, provided that

  1. you will not copy or distribute any part of a Site without Federated Media's written permission,
  2. you will not alter or modify any parts of a Site, and
  3. you will comply with these Terms of Service and Federated Media's Privacy Policy.

7. RESTRICTIONS ON RIGHTS TO USE

You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:

  1. modify, translate or reverse engineer any portion of any one of the Sites or the Services;
  2. launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses any Site in a manner that sends more request messages to the Federated Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Federated Media grants the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Federated reserves the right to revoke these exceptions either generally or in specific cases;
  3. collect or harvest any personally identifiable information, including member names and User IDs, from a Site, nor to use the communication systems provided by a Site for any commercial solicitation purposes;
  4. solicit, for commercial purposes, any users of a Site with respect to their User Submissions (as defined below);
  5. remove any copyright, trademark or other proprietary rights notices contained in or on a Site;
  6. create user accounts by automated means or under false or fraudulent pretenses;
  7. create or transmit unwanted electronic communications such as "spam" to other users or members of a Site or otherwise interfere with other user's or member's enjoyment of a Site and/or Services;
  8. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  9. use a Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that is deemed threatening or obscene;
  10. copy or store any content offered on a Site for other than your own use; or
  11. use any device, software or routine that interferes with the proper working of a Site and/or Services.

8. USER SUBMISSIONS

We encourage you to submit to the Sites a variety of content forms as specified on each Site, including but not limited to blog posts, videos, photos, reviews, news items, classifieds and comments ("User Submissions"). The Sites provide venues for hosting, sharing, and/or publishing such User Submissions. You understand that whether or not such User Submissions are published, Federated Media does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

  1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Federated Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Sites and these Terms of Service; and
  2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.

In connection with User Submissions, you further agree that you will not:

  1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Federated Media all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage Federated Media, a Federated Media company or any third party;
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements or solicitations of business;
  5. impersonate another person;
  6. solicit login information or access an account belonging to someone else;
  7. bully, intimidate or harass any user of a Site;
  8. use a site to do anything unlawful, misleading, malicious or discriminatory;
  9. do anything that could disable, overburden or impair the proper working of a Site, such as a denial of service attack; or
  10. facilitate or encourage any violation of these Terms of Service.

You further agree (i) to use your true identity when blogging and to be clear and open about who you are; (ii) to disclose any relationship you have with an advertiser and any compensation, goods or test products you receive from any advertiser; (iii) to be truthful and accurate in all statements, including, especially, those concerning competitors of any advertiser whose products you may review; and (iv) otherwise to be in compliance with the Federal Trade Commission Guidelines on Endorsements and Testimonials in Advertising.

In the event you offer product samples or other items to share with others, you agree to do so responsibly, using care to prepare and/or store all products, especially food products, properly, and using care to avoid allergic reactions. If you conduct any sort of giveaway of these items to your readers or others, you agree to do so responsibly and lawfully and you agree that you will be responsible for any resulting liabilities, injuries, losses, or claims, including without limitation, injuries to (or harm suffered by) yourself or others. In the event that you opt-in to participate in product sampling or giveaways, you agree to use such samples and giveaways responsibly and lawfully and to be responsible for any resulting liabilities, injuries, losses, or claims, including without limitation, injuries to (or harm suffered by) yourself or others. In addition, if you post about a product sample you receive from Federated Media or any of its third party partners, either on the Sites or on any other third party site, you are required to disclose the source of that product per the Federal Trade Commission's disclosure requirements which can be found at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf.

Federated Media does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Federated Media expressly disclaims any and all liability in connection with User Submissions. Federated Media reserves the right to remove User Submissions without prior notice. Federated Media will also terminate Users' access to a Site, if they are determined to be repeat offenders. Federated Media also reserves the right to decide whether User Submissions are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Federated Media may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand that when using a Site, you will be exposed to User Submissions from a variety of sources, and that Federated Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Federated Media and any Federated Media company with respect thereto, and agree to indemnify and hold Federated Media, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of a Site.

9. INTELLECTUAL PROPERTY RIGHTS

The content on the Sites, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), is owned by or licensed to Federated Media, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Sites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Federated Media reserves all rights not expressly granted in and to the Sites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through a Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of any Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of any Site or the Content.

The use of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any entity making products or services available on a Site should not be construed as an endorsement or sponsorship of the Site by any such entity, or as the participation by any such entity in the offering of goods or information through the Site. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to a Site, you hereby grant Federated Media a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in conjunction with your User ID in perpetuity in connection with the Site and Federated Media's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof), for advertising purposes and for content distribution in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.

10. COPYRIGHT INFRINGEMENT POLICY

Federated Media will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any Content or User Submission on a infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  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. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Federated Media's designated Copyright Agent to receive notifications of claimed infringement is:

    RUFUS McLAIN
    Vice President, Community
    Federated Media Publishing
    Email: rmclain@federatedmedia.net
    Fax: (415) 230-5555

For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Federated Media customer service through support@federatedmedia.net, or as directed on a specific Site. You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.

It is Federated Media's policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.

11. DISCLAIMER OF WARRANTIES

THE SITES AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FEDERATED MEDIA MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  1. FEDERATED MEDIA MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
  2. FEDERATED MEDIA MAKES NO WARRANTIES THAT ITS SITES OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITES, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES FEDERATED MEDIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES;
  3. FEDERATED MEDIA DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITES WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;
  4. FEDERATED MEDIA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
  5. FEDERATED MEDIA EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF FEDERATED MEDIA.

Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.

12. LIMITATION OF LIABILITY AND REMEDIES

  1. UNDER NO CIRCUMSTANCES WILL FEDERATED MEDIA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR SITES OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, FEDERATED MEDIA'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00).
  2. UNDER NO CIRCUMSTANCES WILL FEDERATED MEDIA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ITS SITES OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.
  3. Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.

13. INDEMNIFICATION

You agree to indemnify and hold Federated Media, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to

  1. your breach of these Terms of Service,
  2. any fraud, manipulation, deception or misrepresentation by you,
  3. any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Sites or Services, and
  4. any violation of applicable federal or state laws or regulations by you.

14. PRIVACY

Please see our Privacy Policy at http://www.dailybuzz.com/privacy for an explanation of our online information practices with regards to information submitted to the Sites.

15. TERMINATION

Notwithstanding anything to the contrary in these Terms of Service, Federated Media may, in its sole discretion, terminate these Terms of Service and your use or access to the Sites and/or its Services immediately and without notice for any reason.

16. GENERAL INFORMATION

  1. Governing Law. These Terms of Service, and all aspects of the relationship and dealings between you and Federated Media shall be governed by the laws of the state of California without regard to its conflict of law provisions
  2. Jurisdiction. Any lawsuit that arises between you and Federated Media in connection with or related to these Terms of Service, the Sites or the Services shall be brought exclusively in either the state or federal courts in the city and county of San Francisco, CA. You and Federated Media expressly consent to the exclusive personal jurisdiction of such courts.
  3. Complete Terms of Service. These Terms of Service, the Privacy Policy at http://www.dailybuzz.com/privacy and all materials expressly incorporated herein by reference constitute the full and complete Terms of Service between you and Federated Media. You and Federated Media have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to these Terms of Service are permitted or valid. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
  4. Section Headings. The section titles of these Terms of Service are for convenience only and have no legal or contractual effect.
  5. No Agency. You and Federated Media are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.
  6. Assignment. You may not assign these Terms of Service or any of your rights hereunder to a third person without first obtaining Federated Media's express written consent.