Please take the time to read this entire
agreement ("Agreement") governing your responsibilities (hereinafter,
"you", "your" or "user") and use of the BuzzFuse.net site ("Site").
Failure to adhere to your responsibilities under this Agreement will
result in termination of your BuzzFuse.net account and/or may expose
you to liability. BuzzFuse.net is owned by BuzzFuse.net, an
Illinois corporation (collectively with Site, "BuzzFuse.net", "us" or
To upload to BuzzFuse.net and use BuzzFuse.net's services you must
agree to and abide by the following terms and conditions of service (the
"TOS"). Unless specifically noted, the following statements apply to all
BuzzFuse partners and affiliates who receive free or
commission based BuzzFuse Service.
1. Acceptance of
BuzzFuse.net provides its service ("Service") to you, subject to the
following TOS. Your use of the Site constitutes your acceptance to these
TOS. BuzzFuse.net reserves the right, in its sole and absolute
discretion, to change, modify, add, or remove portion of this TOS at any
time. Any such changes will be reflected on the Site and your continued
use of the Site will constitute your acceptance of these TOS or any
revised TOS. BuzzFuse.net may also offer other third party services
that are governed by different terms of service. You should at all times
be aware of and read any other such terms of service. BuzzFuse.net
hereby specifically disclaims responsibility for your failure to read
any third party terms of service.
2. Our Services
The BuzzFuse.net Services are free services which allow you to choose
from various categories of layouts designed to enhance the appearance of
your MySpace profile, Teen Chill, Xanga or Friendster profiles. You can
also use our layouts for your personal blog.
3. Prohibited Use
You agree not to use our layouts in a manner that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, profane,
hateful, racially, ethnically or otherwise objectionable.
4. Qualifications for Service
In consideration of your use of the Site, you represent that you are of
legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to fully comply with these TOS.
You agree that in order to provide you this service BuzzFuse.net can
place advertisements into any interface provided by BuzzFuse.net.
Such advertisements are under BuzzFuse.net's sole and absolute
control and may not, under any circumstances, be removed.
6. Limitation of Liabilty
By the terms of this TOS, you have agreed to use the Site in a legal
manner. You further agree that BuzzFuse.net is not liable for any
acts by you that violate paragraph 3 herein or the rights of any other
party. BuzzFuse.net hereby disclaims any liability from the
7. Termination of Service /
We reserve the right to temporarily deactivate or permanently remove any
BuzzFuse.net layout at any time, in our sole and absolute discretion,
for any reason, including, but without limitation, the following: use
inconsistent with these TOS, illegal use, and network or server abuse.
8. Disclaimer of Warranties
BuzzFuse.net attempts to ensure that service and the Site are
available at all times. However, service is provided "as-is" and "as
Neither BuzzFuse.net nor any provider of third party content, nor any
of their respective agents:
(i) warrants that the service will be uninterrupted or error free;
(ii) makes any warranty as to the results to be obtained from the use of
our services or the Site
(iii) makes any warranties of any kind, either express or implied,
including but without limitation, warranties of title, any implied
warranties of merchantability or fitness for a particular purpose or for
any indirect special or consequential damages associated with
BuzzFuse.net service or Site; or
(iv) warrants that any files available for downloading through the Site
will be free of viruses or similar contamination or destructive
Furthermore, BuzzFuse.net makes no guarantee nor claims
responsibility for the timeliness, deletion, mis-delivery or failure to
deliver any user communications or site content. You expressly agree
that the entire risk as to the quality and performance of the Site is on
you, the user.
9. BuzzFuse.net Notice Display
Policy / Third Party Advertisements
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org.
Any messages posted on the BuzzFuse.net page and/or any third party
advertisers banners and/or links must remain intact and visible on each
page in which it appears; it is mandatory that they remain intact and
visible. Failure to comply with this provision will also constitute
grounds for account deactivation. You further understand that in order
to provide you the Service, BuzzFuse.net has the right to allow
advertisers to cover the costs of this service and as such has the
choice of advertisers and the content of their message is at the
discretion of BuzzFuse.net. Additionally BuzzFuse reserves
the right to deliver communications, service announcements and self
advertising in order to continue to provide a quality service to you.
10. Server Downtime Policy
While BuzzFuse.net attempts to maintain it server up 100% of the
time, we reserve the right to schedule routine maintenance on our
servers, as well as routine upgrades. Maintenance may affect the
availability of service for short periods of time. We disclaim liability
for server downtime as set forth above.
11. BuzzFuse.net Intellectual
BuzzFuse.net and all other proprietary rights
in the BuzzFuse.net website are the intellectual property of
BuzzFuse.net All rights are reserved.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
BUZZFUSE.net, ITS EMPLOYEES, AGENTS, AND
REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE
PROCEEDING BROUGHT AGAINST BUZZFUSE.net, ITS EMPLOYEES, AGENTS,
AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR
ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT,
YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR
YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE
FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG
OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING
ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE
OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A
VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID.
THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR
ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE
SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR
ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S
USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT,
TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR
OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE
LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE
SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT
APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE
SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE
INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES
AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES
AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM,
SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
13. Governing Law /
This TOS shall be construed in accordance with the laws of the State of
California, and you will agree to submit to jurisdiction to any action
to enforce the terms herein in the federal or state courts of Dupage
County, Illinois. The rights and obligations herein may not be assigned
or delegated. If any inconsistency exists between the terms of this TOS
and any additional terms and conditions posted on the Site, such terms
shall be interpreted as to eliminate any inconsistency, if possible,
otherwise, this TOS shall control.
The TOS constitutes the entire and only Agreement between you and
BuzzFuse with respect to use of the Site, and supersedes any
prior agreements, oral or written, between you and BuzzFuse.net. Any
and all other collateral representations, promises, and conditions; and
any representation, warranty, promise or condition not incorporated
herein or made as provided for in this TOS shall not be binding on
15. Modifications to the Terms of
BuzzFuse.net may change these TOS at any time and in its sole
discretion. The modified TOS will be effective immediately upon posting
and you agree to the new posted Terms of Service by continuing your use
of BuzzFuse.net. If you do not agree with the modified Terms of
Service, your only remedy is to discontinue using the BuzzFuse.net
16. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this agreement.
17. Statute of Limitiations
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 Site or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
18. Section Titles
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
Please report any violations of this TOS to the following address: