TERMS AND CONDITIONS

Buffalo Wild Wings® Digital Terms of Use Agreement

Buffalo Wild Wings, Inc. provides certain services subject to the following terms of use, which may be updated from time to time without notice. You can review the most current version at any time by visiting: www.bdubsgamebreak.com and clicking on “Terms of Use”.

  1. Description of Services. Buffalo Wild Wings, Inc. (“BWW,” “we” or “us”) has developed this Digital Terms of Use Agreement (“Agreement”) to describe the terms that govern your use of the BWW Services (defined below). This Agreement applies to the fantasy sports-related BWW website(s) (“BWW Sites”), mobile sites, applications (“BWW Apps”), widgets, and other content, information, data, designs, code, materials and services that are linked to this Agreement (collectively, the “BWW Services”), including without limitation the following BWW Site(s): www.bdubsgamebreak.com. BWW is based in the United States and the BWW Services are intended for use only in the United States. BWW is concerned about the safety and privacy of all users, particularly children. Because of this concern, use of the BWW Services is limited to users ages 18 years of age and above (or those users who have reached the age of majority in their jurisdiction of residence). If you are under the age of 18, you may not use the BWW Services and must discontinue use of the BWW Services immediately. Please note that additional age restrictions may apply to BWW Apps and BWW Sites, as indicated

  2. Acceptance of Terms. Your access to and use of certain BWW Services may require you to accept additional terms and conditions applicable to such BWW Services, including any future modifications (collectively, “Additional Terms”) in addition to this Agreement, and may require you to download software or Content (as defined in Section 6 below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific BWW Service. BWW furnishes the BWW Services for your personal enjoyment and entertainment. By accessing, downloading, or using any BWW Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations (“Applicable Laws”). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Laws, you may not use the BWW Services and must discontinue use of the BWW Services immediately.

    BWW may modify this Agreement at any time, and each such modification will be effective upon posting on or to the BWW Service. Your continued use of the BWW Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement, as so modified. It is therefore important that you review this Agreement regularly. BWW may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help BWW manage and provide the BWW Services and you agree that the rights you provide to BWW under this Agreement extend to such third-party service providers for the purpose of providing services for or at the direction or consent of BWW.

    THE BWW SERVICES MAY USE LOCATION-BASED SERVICES TO LOCATE YOU. IF YOU CHOOSE TO USE THE BWW SERVICES THAT USE LOCATION-BASED SERVICES, YOU CONSENT TO BWW AND ITS THIRD PARTY PROVIDERS DETERMINING YOUR LOCATION. THE LOCATION-BASED SERVICES FEATURES ARE FOR INDIVIDUAL USE ONLY AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR ANY OTHER SITUATION IN WHICH THE FAILURE OR INACCURACY OF THE LOCATION-BASED SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, AND ARE NOT SUITED OR INTENDED FOR FAMILY-FINDING PURPOSES, FLEET TRACKING, OR ANY TYPE OF BUSINESS OR ENTERPRISE USE.

  3. BWW Account Registration and Security. The BWW Services require you to create an account (including setting up a username and password) to participate in or to secure additional BWW Services, such as viewing and commenting on BWW Content (defined below), creating a BWW Site profile, and signing up for specific BWW App games, contests, or promotions. To make it easier for you to create an account and interact with participating BWW Services without having to maintain multiple sign-in credentials, BWW has created a single sign-on portal. The single sign-on portal allows you to sign into participating BWW Services with one email and password.

  4. User Registration Obligations. In consideration of your use of the BWW Services, you represent that you are of legal age to form a binding contract and are not a person barred under any law of any jurisdiction from receiving the BWW Services. You agree to provide true, accurate, current and complete information when prompted by BWW (collectively, “Registration Information”). All Registration Information you submit directly to us or through a Third-Party Service (defined below) to create an account must be kept updated by you. It is your responsibility to notify us of any changes in such Registration Information, including, but not limited to your contact information. If BWW has reasonable grounds to suspect that any such Registration Information is untrue, inaccurate, not current or incomplete, BWW has the right, in its sole discretion, to terminate or suspend your account and refuse any and all current or future use of the BWW Services (or any portion thereof). You are responsible for maintaining the confidentiality of all your passwords, and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by BWW, BWW Affiliates (defined below) or any other BWW user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify BWW and all BWW Affiliates from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify BWW immediately if you suspect any unauthorized use of, or access to, your account or password. BWW shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. BWW shall also retain the right, but no obligation, to review any profile pictures or other input provided by you.

  5. Termination. Unless terminated by BWW in its sole discretion, this Agreement remains in full force and effect while you use the BWW Services. You may terminate your account you may have created to participate in any BWW Apps or BWW Sites at any time, for any reason, by following the instructions set forth at www.bdubsgamebreak.com. BWW may also terminate your account, and/or access to all (or any portion of) the BWW Services at any time, for any or no reason, with or without prior notice or any explanation, and without liability. BWW has no obligation to store or provide back to you information or other data, including without limitation User Content you submit, at any time during or after the termination of this Agreement. Furthermore, even after your account registration and/or access to the BWW Services is terminated by you or BWW, this Agreement will remain in full force and effect with respect to your past and future use of the BWW Services. If we terminate your registration and/or access to the BWW Services (or any portion of the BWW Services) you may not create a new account, or try to access the BWW Services without BWW's prior written approval. You agree that your account and/or user profile is non-transferable. Any rights to your account and/or BWW Services terminate upon your death.

  6. Limited Content License. The BWW Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, the “Content”) of BWW and BWW Affiliates and their licensors and assignors (the “BWW Content”), as well as materials and Content provided by users (“User Content”) or other third-parties. BWW Content contained in the BWW Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and BWW, BWW, its licensors, or its assignors, own and retain all rights in the BWW Content and BWW Services. BWW hereby grants you a limited, revocable, non-sublicensable, royalty-free, non-transferable license, to access and display the BWW Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the BWW Services. The BWW Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable BWW Service, you may not copy, download, stream capture, screen capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the BWW Services, or use any program or other application to do any of the aforementioned activities. Except as explicitly and expressly permitted by BWW or by the limited license set forth above, you are strictly prohibited from creating works or materials that derive from or are based on the BWW Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the BWW Content contained in the BWW Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the BWW Content, including geo-filtering or stream or screen capturing mechanisms outside of the BWW Services. Except as necessary in order to make reference to BWW or BWW Services in a purely descriptive capacity, you are expressly prohibited from using any BWW Content in any manner.

  7. Restrictions on Use. BWW reserves the right to remove Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the BWW Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the BWW Services. You understand that BWW does not control the User Content posted by users via the BWW Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. BWW assumes no responsibility or liability for any User Content. If you become aware of any misuse of BWW Services, please report this immediately to the applicable BWW Site. BWW assumes no responsibility for monitoring the BWW Services for inappropriate Content or conduct. If at any time, BWW chooses in its sole discretion to monitor the BWW Services, BWW nonetheless assumes no responsibility for Content other than BWW Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.

    You agree not to use the BWW Services to: (a) post, upload, email or otherwise transmit or link to content that is: unlawful; harmful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory; (b) violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights; (c) harass or harm another person; (d) exploit or endanger a minor; (e) impersonate or attempt to impersonate any person or entity; (f) introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network; (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the BWW Services; (h) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the BWW Services, including BWW's servers, networks or accounts; (i) over, remove, disable, block or obscure advertisements or other portions of the BWW Services; (j) delete or revise any information provided by or pertaining to any other user of the BWW Services;(k) use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses, Content, or other data from the BWW Services, or to circumvent or modify any security technology or software that is part of the BWW Services; (l) send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the BWW Services; (m) solicit, collect or request any personal information for commercial or unlawful purposes; (n) post, upload or otherwise transmit an image or video of another person without that person's consent; (o) engage in commercial activity including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the BWW Content; or building a business using the BWW Content, without BWW’s prior written consent; using technology or other means to access, index, frame, or link to the BWW Services (including the Content) that is not authorized by BWW (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of BWW Content); (p) accessing BWW Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices, but not caches or archives, of BWW Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content; (q) use the BWW Services to advertise or promote competing services; (r) use the BWW Services in a manner inconsistent with any and all Applicable Laws; and/or (s) attempt, facilitate or encourage others to do any of the foregoing.

    BWW reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by BWW, or for any other reason in BWW’s sole discretion and without notice to you. You acknowledge that BWW reserves the right to investigate and take appropriate legal action against anyone who, in BWW's sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities. You acknowledge, consent and agree that BWW may access, preserve or disclose information you provide to or through the BWW Services or that we have collected about you, including registration information and User Content, when BWW has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of BWW, our parents, subsidiaries, franchisees, or affiliates (“BWW Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements) and other users of the BWW Services; (ii) protect the safety, privacy, and security of users of the BWW Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Laws or legal processes; or (v) respond to requests from public and government authorities. If BWW sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, BWW may transfer your information to the party or parties involved in the transaction as part of that transaction. BWW reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and BWW assumes no responsibility for any loss of your User Content due to it being removed by BWW or for any other reason.

  8. User Content on Message Boards and Forums. BWW may offer users the ability to post messages on message boards and forums (collectively, “Forums”), which may be open to the public generally, to all members of BWW Services or to a select group of BWW Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. BWW reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in BWW’s sole discretion and without notice to you. We ask you not to disclose any sensitive information (such as social security numbers, health or criminal background) on or through the BWW Services, including the Forums or otherwise.

  9. Your Proprietary Rights in and License to Your User Content. By posting or transmitting any User Content on, through or in connection with the BWW Services, you hereby grant to BWW and our BWW Affiliates, licensees, assignees, and authorized users, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sub-licensable and transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, broadcast and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, you grant BWW a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sub-licensable and transferable (in whole or in part) right (including any moral rights) and license in and to any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including BWW Services. The aforementioned licenses include without limitation any patent, trademark, copyright, trade secret or other intellectual property right in and to the User Content. BWW’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint BWW as your agent with full authority to execute any document or take any action, BWW may consider appropriate in order to confirm the rights granted by you to BWW in this Agreement. You represent and warrant that: (a) you own the User Content transmitted by you on, through or in connection with the BWW Services and/or Third-Party Services, or otherwise have the right to grant the license set forth in this section, and (b) the transmission of User Content by you on, through or in connection with the BWW Services and/or Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content transmitted by you on or through the BWW Services or Third-Party Services. If you delete your User Content from any BWW Service, BWW’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the BWW’s back-up copies of the applicable BWW Service, which are not publicly available. Furthermore, to the extent that BWW made use of your User Content before you deleted it, BWW will retain the right to continue such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from BWW Services will not result in, and BWW assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from BWW Services, and (ii) termination of your account or your use of the BWW Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

  10. Removal of Material that Infringes Copyrights. BWW also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above. If you believe that any materials residing on or linked to from BWW Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the appropriate BWW Copyright Agent (as described below): (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit BWW to locate the material on the BWW Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit BWW to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Laws; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. BWW's Copyright Agent for notification of a claimed infringement can be reached as follows: Buffalo Wild Wings, Inc., Attn: Legal Department, 5500 Wayzata Boulevard, 16th Floor, Minneapolis, MN 55416. If you posted materials to the BWW Services that BWW removed due to a notice of a claimed infringement from a copyright owner, BWW will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on BWW Services or by written or electronic communication to such address(es) you have provided to BWW, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which BWW may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature. Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

  11. Third-Party Links and Services. The BWW Services may provide, or third-parties may provide, links (embedded in advertisements or otherwise) to other websites, apps, resources or other resources created by third parties (collectively, “Third-Party Services”). You acknowledge and agree that BWW and the BWW Affiliates are not responsible for the availability of, do not endorse, and are not responsible or liable for, any Third-Party Services or third-party advertisements. When you engage with a Third-Party Service, including without limitation following a link in an advertisement, you are interacting with the third party, not with BWW. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service's privacy policy which may be different than BWW’s privacy policy. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. BWW is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the BWW Services does not imply approval or endorsement of the Third-Party Service. BWW is not responsible for the content or practices of any websites other than the BWW Services that link to this Agreement, even if the website links to the BWW Service and even if it is operated by a BWW Affiliate or a company otherwise connected with BWW. By using the BWW Services, you acknowledge and agree that BWW is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than BWW Services. When you access Third-Party Services, you do so at your own risk. You agree that in the event any third party experiences a data breach that affects any of your information, BWW will in no way be responsible or liable to you for any such data breach.

  12. Member Disputes. You are solely responsible for your interactions with other BWW users and visitors, providers of Third-Party Services, or any other parties with whom you interact on, through or in connection with the BWW Services. BWW reserves the right, but has no obligation, to become involved in any way with these disputes.

  13. Privacy. Use of the BWW Services is also governed by our privacy policy, the most recent version of which can be found at http://www.buffalowildwings.com/en/privacy-policy-terms/ and which is incorporated into this Agreement by this reference.

  14. Disclaimer of Warranties. YOUR USE OF THE BWW SERVICES ARE AT YOUR SOLE RISK. THE BWW SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND BWW AND THE BWW AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS, FRANCHISEES, AND LICENSORS, DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE BWW SERVICES, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BWW MAKES NO WARRANTY THAT YOUR USE OF THE BWW SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE BWW SERVICES WILL BE CORRECTED, THAT THE BWW SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE BWW SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL BWW OR OUR BWW AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, DATA OR SECURITY BREACHES, IDENTITY THEFT, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE BWW SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE BWW SERVICES, ATTENDANCE AT AN BWW EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE BWW SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE BWW SERVICES, OR THE CONDUCT OF ANY USERS OF THE BWW SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

    YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BWW SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE BWW SERVICES.

    Note that User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of BWW or our BWW Affiliates.

  15. Limitation on Liability. IN NO EVENT WILL BWW OR OUR BWW AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF $50 OR THE MINIMUM AMOUNT ALLOWABLE BY LAW, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE BWW SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF BWW’S ACTS OR OMISSIONS OR YOUR USE OF BWW SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE BWW SERVICES. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BWW HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

  16. Indemnification. You agree to indemnify and hold BWW, the BWW Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your use of the BWW Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the BWW Services.

  17. Unsolicited Submissions. BWW does not knowingly accept, via the BWW Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. BWW requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any BWW or BWW Affiliate creative work would be purely coincidental. If you do send any submissions to BWW via the BWW Services that are unsolicited, however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and BWW; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by BWW and all right, title, and interest is hereby assigned by you to BWW (and are not User Content licensed by you to BWW) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as BWW sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against BWW or BWW Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. In any submission to BWW, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of BWW, including its respective employees, agents, directors, officers or shareholders.

  18. Miscellaneous.

    Export and Import Controls. Software available in connection with the BWW Services (the "Software") is further subject to United States export and import controls. Although intended only for use in the United States, no Software may be downloaded from the BWW Services or otherwise imported, exported or re-exported in violation of U.S. laws. Downloading or using the Software is at your sole risk.

    Governing Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Minnesota, without regard to its conflict of law provisions. You and BWW agree to submit to the exclusive jurisdiction of the courts located in Minneapolis, Minnesota to resolve any Dispute arising out of this Agreement or the BWW Services. All claims or actions arising out of or related to the BWW Services or this Agreement shall be brought before the courts located in Minneapolis, Minnesota. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE BWW SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

    Waiver. The failure of BWW to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.

    Headings. The Section headings in this Agreement are for convenience only and have no legal or contractual effect.

    Severability. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, a court in the forum selected by this Agreement may modify that provision to effectuate the intent of the parties as expressed by the original wording of this Agreement to the maximum extent possible so as be lawful and enforceable, that provision deemed severable from this Agreement if it is not so modifiable, such modification or severing not affecting the validity and enforceability of any remaining provisions.

    Notices. You agree that any notices the BWW may be required by Applicable Laws to send to you will be effective upon BWW’s sending an e-mail message to the e-mail address you have on file with BWW or publishing such notices on the informational page(s) of BWW Services.

    Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BWW as a result of this Agreement or your use of the BWW Services.

    Contact BWW. If you would like to contact any BWW Site with any questions regarding this Agreement, please visit www.bdubsgamebreak.com for more information and contact information.


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