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RIGHTS AND RESPONSIBILITIES

                    

                      
Date of Last Revision: May 2, 2009

                      
Statement of Rights and Responsibilities

                      
This Statement  of Rights and Responsibilities ("Statement") derives from the  eBuzzLive Principles, and governs our relationship with users and others who  interact with eBuzzLive. By using or accessing eBuzzLive, you agree to this  Statement.

                      
    
                        
  • Privacy 
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     Your privacy is very important to us. We designed our private policy to  make important disclosures to you about how we collect and use the information  you post on eBuzzLive. We encourage you to read the Privacy Policy, and to use  the information it contains to help make informed decisions.

                      
    
                        
  • Sharing Your Content and  Information 
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    You own all of the content and information you post on eBuzzLive, and you  can control how we share your content through your privacy and application  settings. In order for us to use certain types of content and provide you with  eBuzzLive, you agree to the following:

                      
    
                        
      
                          
    • For content that is covered by  intellectual property rights, like photos and videos ("IP content"),  you specifically give us the following permission, subject to your privacy and application  settings: you grant us a non-exclusive, transferable, sub-licensable,  royalty-free, worldwide license to use any IP content that you post on or in  connection with eBuzzLive ("IP License"). This IP License ends when  you delete your IP content or your account (except to the extent your content  has been shared with others, and they have not deleted it). 
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    • When you delete IP content, it is  deleted in a manner similar to emptying the recycle bin on a computer. However,  you understand that removed content may persist in backup copies for a  reasonable period of time (but will not be available to others). 
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    • We always appreciate your feedback  or other suggestions about eBuzzLive, but you understand that we may use them  without any obligation to compensate you for them (just as you have no  obligation to offer them). 
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  • Safety 
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    We do our best to keep eBuzzLive safe, but we cannot guarantee it. We need  your help in order to do that, which includes the following commitments:

                      
    
                        
      
                          
    • You will not send or otherwise post  unauthorized commercial communications to users (such as spam). 
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    • You will not collect users'  information, or otherwise access eBuzzLive, using automated means (such as  harvesting bots, robots, spiders, or scrapers) without our permission. 
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    • You will not upload viruses or  other malicious code. 
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    • You will not solicit login  information or access an account belonging to someone else. 
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    • You will not bully, intimidate, or  harass any user. 
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    • You will not post content that is  hateful, threatening, pornographic, or that contains nudity or graphic or  gratuitous violence. 
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    • You will not develop or operate a  third party application containing, or advertise or otherwise market  alcohol-related or other mature content without appropriate age-based  restrictions. 
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    • You will not use eBuzzLive to do  anything unlawful, misleading, malicious, or discriminatory. 
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    • You will not facilitate or  encourage any violations of this Statement. 
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  • Registration and Account Security 
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    eBuzzLive users provide their real names and information, and we need your  help to keep it that way. Here are some commitments you make to us relating to  registering and maintaining the security of your account:
     

                      
    
                        
      
                          
    • You will not provide any false  personal information on eBuzzLive, or create an account for anyone other than  yourself without permission. 
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    • You will not use eBuzzLive if you  are under 13. 
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    • You will not use eBuzzLive if you  are located in a country embargoed by the U.S., or are on the U.S. Treasury  Department's list of Specially Designated Nationals. 
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    • You will not use eBuzzLive if you  are a convicted sex offender. 
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    • You will keep your contact  information accurate and up-to-date. 
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    • You will not share your password,  let anyone else access your account, or do anything else that might jeopardize  the security of your account. 
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    • You will not transfer your account  to anyone without first getting our written permission. 
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  • Protecting Other People's Rights 
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    We respect other people's rights, and expect you to do the same.

                      
    
                        
      
                          
    • You will not post content or take  any action on eBuzzLive that infringes someone else's rights or otherwise  violates the law. 
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    • We can remove any content you post  on eBuzzLive if we believe that it violates this Statement. 
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    • We will provide you with tools to  help you protect your intellectual property rights. 
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    • If we removed your content for  infringing someone else's copyright, and you believe we removed it by mistake,  we will provide you with an opportunity to appeal. 
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    • If you repeatedly infringe other  people's intellectual property rights, we will disable your account when  appropriate. 
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    • You will not use our copyrights or  trademarks (including eBuzzLive Logos,) without our written permission. 
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    • If you collect information from  users, you will: obtain their consent, make it clear you (and not eBuzzLive)  are the one collecting their information, and post a privacy policy explaining  what information you collect and how you will use it. 
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    • You will not post anyone's  identification documents or sensitive financial information on eBuzzLive. 
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  • Mobile (Not Currently Available –  will be in the near future) 
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    • We currently provide our mobile  services for free, but please be aware that your carrier's normal rates and  fees, such as text messaging fees, will still apply. 
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    • In the event you change or  deactivate your mobile telephone number, you will update your account  information on eBuzzLive within 48 hours to ensure that your messages are not  sent to the person who acquires your old number. 
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  • Payments 
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    If you purchase Premier event using eBuzzLive Credits, or make direct  payments, you agree to our Payment Terms.

                      
    
                        
  • Special Provisions Applicable to  Share Links 
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    If you include our Share Link button on your website, the following  additional terms apply to you:

                      
    
                        
      
                          
    • We give you permission to use  eBuzzLive's Share Link button so that users can post links or content from your  website on eBuzzLive. 
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    • You give us permission to use such  links and content on eBuzzLive. 
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    • You will not place a Share Link  button on any page containing content that would violate this Statement if  posted on eBuzzLive. 
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  • About Advertisements on eBuzzLive 
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    Our goal is to deliver ads that are not only valuable to advertisers, but  also valuable to you. In order to do that, you agree to the following:

                      
    
                        
      
                          
    • You can use your privacy settings  to limit how your name and profile picture may be associated with commercial or  sponsored content. You give us permission to use your name and profile picture  in connection with that content, subject to the limits you place. 
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    • We do not give your content to  advertisers. 
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    • You understand that we may not  always identify paid services and communications as such. 
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  • Amendments 
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    • We can change this Statement so  long as we provide you notice through eBuzzLive (unless you opt-out of such  notice) and an opportunity to comment. 
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    • For changes to section 7 (section  relating to payments, we will give you a minimum of three days notice. For all  other changes we will give you a minimum of seven days notice. 
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    • If more than 7,000 users comment on  the proposed change, we will also give you the opportunity to participate in a  vote in which you will be provided alternatives. The vote shall be binding on  us if more than 30% of all active registered users as of the date of the notice  vote. 
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    • We can make changes for legal or administrative  reasons upon notice without opportunity to comment. 
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  • Termination 
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    If you violate the letter or spirit of this Statement, or otherwise create  possible legal exposure for us, we can stop providing all or part of eBuzzLive  to you. We will generally try to notify you, but have no obligation to do so.  You may also delete your account or disable your application at any time. In  all such cases, this Statement shall terminate. 
    
     
                   
    
                        
  • Disputes 
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    • You will resolve any claim, cause  of action or dispute ("claim") you have with us arising out of or  relating to this Statement or eBuzzLive in a state or federal court located in Bexar  County. The laws of the State of Texas will govern this Statement, as well as  any claim that might arise between you and us, without regard to conflict of  law provisions. You agree to submit to the personal jurisdiction of the courts  located in Bexar County, Texas for the purpose of litigating all such claims. 
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    • If anyone brings a claim against us  related to your actions or your content on eBuzzLive, you will indemnify and  hold us harmless from and against all damages, losses, and expenses of any kind  (including reasonable legal fees and costs) related to such claim. 
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    • WE TRY  TO KEEP eBuzzLive UP, BUG-FREE, AND  SAFE, BUT YOU USE IT AT YOUR OWN  RISK. WE ARE PROVIDING EBUZZLIVE  "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT  LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, AND NON-INFRINGEMENT. WE  DO NOT GUARANTEE THAT EBUZZLIVE WILL BE SAFE  OR SECURE. EBUZZLIVE IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD  PARTIES, AND YOU RELEASE US, OUR  DIRECTORS, OFFICERS, EMPLOYEES, AND  AGENTS FROM ANY CLAIMS AND  DAMAGES, KNOWN AND UNKNOWN,  ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH  THIRD PARTIES. IF YOU ARE A  CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A  GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR  SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF  KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE  DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER  CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN  CONNECTION WITH THIS STATEMENT OR EBUZZLIVE, EVEN IF WE HAVE BEEN ADVISED OF  THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS  STATEMENT OR EBUZZLIVE WILL NOT EXCEED THE GREATER OF ONE  HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE  MONTHS. 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 SUCH CASES, EBUZZLIVE’S LIABILITY WILL BE LIMITED TO THE  FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 
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  • Definitions 
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    • By "eBuzzLive" we mean  the features and services we make available, including through (a) our website  at www.eBuzzLive.com and any other eBuzzLive branded or co-branded websites  (including sub-domains, international versions, and mobile versions); (b) our  Platform; and (c) other media, devices or networks now existing or later  developed. 
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    • By "us," "we"  and "our" we mean HK Promotions, Inc. and/or its affiliates. 
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    • By "Platform" we mean a  set of APIs and services that enable applications, developers, operators or  services to retrieve data from eBuzzLive and provide data to us relating to  eBuzzLive users. 
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    • By "content" we mean the  content and information you post on eBuzzLive, including information about you  and the actions you take. 
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    • By "post" we mean post on  eBuzzLive or otherwise make available to us. 
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    • By "use" we mean use,  copy, publicly perform or display, distribute, modify, translate, and create  derivative works of. 
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  • Other 
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    • This Statement makes up the entire  agreement between the parties regarding eBuzzLive, and supersedes any prior  agreements. 
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    • If any portion of this Statement is  found to be unenforceable, the remaining portion will remain in full force and  effect. 
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    • If we fail to enforce any of this  Statement, it will not be considered a waiver. 
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    • Any amendment to or waiver of this  Statement must be made in writing and signed by us. 
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    • You will not transfer any of your  rights or obligations under this Statement to anyone else without our consent. 
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    • All of our rights and obligations  under this Statement are freely assignable by us in connection with a merger,  acquisition, or sale of assets, or by operation of law or otherwise. 
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    • Nothing in this Agreement shall  prevent us from complying with the law. 
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    • This Statement does not confer any  third party beneficiary rights. 
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    You may also want  to review the following documents:

                      
    
                        
  • Privacy Policy: The Privacy Policy is designed to       help you understand how we collect and use information. 
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  • Payment Terms: These additional terms apply to all       payments made on or through eBuzzLive. 
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  • Ad Guidlines: These guidelines outline the policies       that apply to advertisements placed on eBuzzLive. 
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  • Promotions Guidlines: These guidelines outline the       policies that apply to contests, sweepstakes, and other types of       promotions on eBuzzLive. 
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