Terms of Service

Updated: June 14, 2012

Terms of Service

This Terms of Service (“Terms”) is a legally binding agreement that governs your use of buffalo-studios.com and/or the games and applications offered by Buffalo Studios LLC or any of its subsidiaries or affiliates (collectively “Buffalo Studios”). This includes software that you have downloaded or are about to download, any software that you have embedded on a web site or are about to embed (“Buffalo Studios Games”), any applications created by Buffalo Studios and available through social networking sites (“SNS Apps”), any applications created by Buffalo Studios and available through mobile devices (“Mobile Apps”), any software running on Buffalo Studios’ servers, (“Buffalo Studios Software”), content, related documentation, information on the Buffalo Studios domain, and information made available by users to each other through the Buffalo Studios Software (collectively, the “Service”). Buffalo Studios’ Privacy Policy and Community Rules are incorporated herein by reference. By registering for, accessing, using, and/or downloading any Service, you agree to be bound by these Terms.

1.  Access to Buffalo Studios Service

A.  Subject to your acceptance of these Terms and your continuing compliance with these Terms and any other relevant Buffalo Studios policies, such as the Community Rules, Buffalo Studios grants to you a personal, non-exclusive, non-transferable, revocable limited license to install, use and display the Service and related software (excluding source and object code) for your non-commercial, personal (or household non-commercial) use on a mobile device or machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.  You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

B.  Buffalo Studios Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Buffalo Studios had actual notice on the date of amendment.

C.  We will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications on www.buffalo-studios.com or within the Service, and/or 2) we will send you a message informing you of the modified terms and linking you to the posting at www.buffalo-studios.com. You agree that you will, 1) periodically check www.buffalo-studios.com for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to www.buffalo-studios.com.  You agree that you will continue to be bound by these Terms, however and whenever it is updated, revised, supplemented, modified, or amended, if you thereafter continue to use the Site.

D.  Buffalo Studios reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

E.  You agree to be bound by any application, forum, or game specific rules published within the Service.

F.  Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Buffalo Studios’ intellectual property rights in and to the Service. Buffalo Studios reserves the right to terminate your access to the Service without notice if you violate these Terms.

G.  You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

2.  Ownership of Intellectual Property

A.  Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Buffalo Studios and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Buffalo Studios, the Buffalo Studios logos, and all game names are trademarks of Buffalo Studios and may not be used without the express written permission of Buffalo Studios.

B.  You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.

C.  You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Buffalo Studios. You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services.

D.  All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Buffalo Studios in connection with the use of the Service shall be the exclusive property of Buffalo Studios.  Such Ideas will be non-confidential and Buffalo Studios shall have no obligations to you, contractual or otherwise. You agree that Buffalo Studios may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.

3.  In-Game currencies/goods

A.  The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, credits, or points, that may be purchased from Buffalo Studios for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Buffalo Studios for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Buffalo Studios or any other party.

B.  Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

C.  Buffalo Studios has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Buffalo Studios shall have no liability to you or anyone for the exercise of such rights.

D.  Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Buffalo Studios Service and possible legal action.

E.  You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Buffalo Studios’ sole and absolute discretion, or if Buffalo Studios discontinues providing the Service.

4.  User Content

A.  The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Buffalo Studios and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any material you transmit to Buffalo Studios will be treated as non-confidential and non-proprietary.

B.  You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Buffalo Studios incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

C.  You grant to Buffalo Studios the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.

D.  Buffalo Studios has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Buffalo Studios does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

E.  Buffalo Studios has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Buffalo Studios may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Buffalo Studios reserves the right to treat User Content as content stored at the direction of users for which Buffalo Studios will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Buffalo Studios’ attention.

F.  You acknowledge that you do not rely on Buffalo Studios to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

5.  Posting on Other Web Sites

A.  You are granted a limited revocable license to post an image of your personal avatar and/or screen shot from your account within the Service and any other materials that Buffalo Studios specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to Buffalo Studios, (ii) does not criticize or injure Buffalo Studios, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of Buffalo Studios’ rights and remedies are expressly reserved, and Buffalo Studios may revoke this limited license, in whole or in part, upon notice.

B.  Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site: i)You must display a prominent link to the Service’s homepage in connection with any of your use of content permitted hereunder, including, without limitation, in e-mails you are sending friends; and ii) You agree to include, and not remove or alter, Buffalo Studios’ trademark, copyright or other proprietary rights notices, as provided by Buffalo Studios on the Service and within e-mail page(s), when displaying an avatar or images from a Buffalo Studios game, and you agree to comply with usage guidelines that may be provided by Buffalo Studios from time to time. You agree that all goodwill that arises in connection with your use of Buffalo Studios’ trademarks inures exclusively to Buffalo Studios, and you agree not to challenge Buffalo Studios’ ownership or control of any Buffalo Studios trademarks, nor use or adopt any trademarks that might be confusingly similar to such Buffalo Studios trademarks.

6.  Usage Rules

A.  As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service.

B.  You agree that your use of and conduct on the Service shall be lawful and your User Content will not:

i.  include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

ii.  include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;

iii.  defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;

iv.  promote violence or describe how to perform a violent act;

v.  violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or

vi.  be in violation of these Terms or the game rules of conduct (collectively “Content Restrictions”).

C.  You and your activities on the Service will not:

i.  reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;

ii.  attempt to impersonate any other party;

iii.  create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;

iv.  trick, defraud or mislead Buffalo Studios and other users, especially in any attempt to learn sensitive account information such as passwords;

v.  make improper use of Buffalo Studios’ support services or submit false reports of abuse or misconduct;

vi.  engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;

vii.  disparage, tarnish, or otherwise harm, in Buffalo Studios’ opinion, Buffalo Studios and/or the Service;

viii.  violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Buffalo Studios on the Service;

ix.  disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;

x.  upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;

xi.  copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;

xii.  reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;

xiii.  upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);

xiv.  except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;

xv.  cover or obscure any notice, banner or advertisement on the Service;

xvi.  disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;

xvii.  interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;

xviii.  sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or

xix.  engage in cheating or any other activity deemed by Buffalo Studios to be in conflict with the spirit or intent of the Service.

D.  Buffalo Studios does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums.  You agree Buffalo Studios has no liability with regard to User Content.

7.  Privacy and Protection of Personal Information.

A.  Buffalo Studios respects the privacy of visitors to our game. Information collected from you is subject to the pertinent social network’s policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Buffalo Studios. Please see Buffalo Studios’ Privacy Policy at www.buffalo-studios.com for more information on the collection and use of your information.

B.  Services also may be offered through Mobile Apps, which includes access through mobile devices such as telephones and tablets.  You agree that information about your use of the Services through your mobile device and carrier may be communicated to us.  For additional information regarding our collection practices, please see our Privacy Policy.

C.  You acknowledge and agree that the Privacy Policy, including, but not limited to, the manner in which Buffalo Studios collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of Buffalo Studios’ Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions regarding privacy issues should be directed to contact@buffalo-studios.com.

8.  Account Responsibility

A.  SNS Apps are only available to persons who are registered members of the social network through which they access the game and are in compliance with the policies or terms of use/service of that social network. In creating your account with a social network through which you will access the Service (“Account”), you agree to:

i.  provide true, accurate, current and complete information about yourself ( “Registration Data”); and

ii.  maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

B.  Users that maintain more than one account on a social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or Buffalo Studios has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Buffalo Studios has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof).

C.  Provider reserves the right to terminate accounts that have been inactive for 180 consecutive days.

9.  Disputes with Others

A.  We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Buffalo Studios and hereby agree to indemnify Buffalo Studios from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

10.  Disclaimers; Limitations; Waivers of Liability

A.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER BUFFALO STUDIOS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “BUFFALO STUDIOS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

B.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE BUFFALO STUDIOS PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE BUFFALO STUDIOS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE BUFFALO STUDIOS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

C.  UNDER NO CIRCUMSTANCES WILL THE BUFFALO STUDIOS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BUFFALO STUDIOS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

11.  Indemnification

A.  You agree to defend, indemnify and hold harmless the Buffalo Studios Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

12.  Governing Law/Waiver of Rights

A.  This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Los Angeles County, California.

B.  You acknowledge that the rights granted and obligations made hereunder to Buffalo Studios are of a unique and irreplaceable nature, the loss of which shall irreparably harm Buffalo Studios and which cannot be replaced by monetary damages alone so that Buffalo Studios shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

C.  Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim arising out of or in any way related to these Terms or your use of the Services (“Dispute”), you and Buffalo Studios agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Buffalo Studios LLC, 1634 19th Street, Santa Monica, CA 90404, ATTENTION: LEGAL DEPARTMENT.

D.  Binding Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either you or Buffalo Studios may elect to have the Dispute finally and exclusively resolved by binding arbitration.  Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Buffalo Studios may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

E.  Waiver of the Right to Participate in a Class Action. You and Buffalo Studios agree that any arbitration shall be limited to the Dispute between Buffalo Studios and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

13.  Waiver/Severability

A.  The failure of Buffalo Studios to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Buffalo Studios’ right to assert or rely upon any such provision or right in that or any other instance.

B.  You and Buffalo Studios agree that if any portion of these Terms, except any portion of section 12(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor Buffalo Studios will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Buffalo Studios agree to submit to the personal jurisdiction of that court.

14.  Miscellaneous

A.  Buffalo Studios operates and controls the Service from its offices in the United States. Buffalo Studios makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Buffalo Studios to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party, however sections 10-13 will continue to govern any Dispute. In addition, all representations, warranties, indemnifications, and promises made by you shall survive. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Buffalo Studios or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Buffalo Studios if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without Buffalo Studios’ prior written consent. These Terms contain the entire understanding of you and Buffalo Studios, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Buffalo Studios. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Buffalo Studios’ request, you will furnish Buffalo Studios any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Buffalo Studios by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

15.  Statute of Limitations

A.  You and Buffalo Studios both 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 Service, Terms, Community Rules or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

16.  Complaints or Notices

A.  The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to Buffalo Studios’ Designated Agent listed below. For your notice to be effective, it must include the following information:

i.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii.  A description of the copyrighted work that you claim has been infringed upon;

iii.  A description of where the material that you claim is infringing is located on this game;

iv.  Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

v.  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 the law; and

vi.  A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

vii.  Buffalo Studios’ Designated Agent is:

Buffalo Studios LLC
Attn: Intellectual Property Agent
1634 19th Street
Santa Monica, CA 90404

BINGO Blitz Community Rules

Team Buffalo is so pleased that everyone is meeting new friends and having a nice time in the in-game chat rooms! Here are some rules to help everyone understand what’s appropriate and what’s not when chatting.  These Community Rules are incorporated into and expressly made a part of the Terms of Service.  Please note that violations of these Community Rules are subject to administrator/moderator action (which includes loss of chat privileges):

Abusive or disrespectful behavior is not allowed. Disagreements or conflict may arise in the course of discussion. Please remember to be courteous when disagreeing with others. Debate on differing opinions is appropriate. Personal attacks against other users, however, are not allowed. The following behaviors are examples of abusive or disrespectful behavior that will not be tolerated in the BINGO Blitz chat rooms:

  • Flaming – posts that are designed to personally berate or insult another user.
  • Trolling – posting derogatory or inflammatory comments attempting to bait other users into responding. Accusing someone of being a troll is also a form of trolling.
  • Personal attacks – posts which insult a poster directly. This includes any attacks against forum/chat moderators, Buffalo Studios representatives, or employees.
  • “Shouting” – posts that include the use of strings of consecutive capital letters, since this can be interpreted as rude or aggressive.
  • Cyberbullying – posts to support deliberate, repeated, and hostile behavior by an individual or group, that is intended to harm others
  • Attack requests – posting another player’s personal profile in an attempt to have other players attack or engage in altercations.

This list is non-exhaustive; any behavior that is offensive is also forbidden.

Non-constructive comments are not allowed. Examples of prohibited non-constructive posts:

  • Spam – repetitive posting of the same topic or text or nonsensical posts that have no substance and are often designed to annoy other users
  • “I’m quitting” comments
  • Comments promoting another game or intentionally directing users to visit another game site
  • Comments that make threats or use other aggressive language
  • Comments that single out a player for ridicule or accuse someone of actions in-game
  • Comments that ask fellow players to take part in an action that exploits the flow of play in BINGO Blitz

Claims or complaints about Buffalo Studios or any of its employees showing favoritism a group or player. Discussing moderator actions is also not allowed.

Giving out personal information is not allowed. Users cannot give out anyone’s personal information such as names, phone numbers, addresses, email addresses, et cetera. This applies to their own information and that of other users, Buffalo Studios employees, family members, friends, or others.  If users would like to exchange information to become Facebook friends, that is acceptable, as long as they do not post email addresses in chat.

It is also unacceptable to discuss any information about BINGO Blitz or Buffalo Studios that has not been made available to the general public.

Profanity is not allowed. This includes using any means to bypass the profanity filter (for example: partial masking, such as asterisks or punctuation marks or intentionally misspelling.)

Violations of our Community Rules can lead to moderator and/or administrator action, including loss of chat privileges or removal from the Service altogether.

Thanks for respecting our rules – we want to create a friendly, fun and welcoming chat environment for our players, and you can help us do this by following the guidelines.

Happy chatting!

Comments are closed.