Terms and Conditions

AGREEMENT TERMS OF USE

Your use of this Buffalo.com website (this “Site”) signifies your acceptance of the following terms of use (this “Agreement”). If you do not accept any of the terms of this Agreement, you may not use this Site or access any services made available through this Site. The Buffalo News (“TBN”) reserves the right, in its sole discretion, to modify this Agreement at any time by posting the modified Agreement to this Site.  You agree to be bound by the modified Agreement through your continued use of this Site. 

1. Eligibility.  This Site and the services available on or through this Site are only available to entities and individuals who can enter into and become bound by legal contractual obligations under applicable law.  In addition, this Site and the services available on or through this Site are only available to people 13 years of age or older.  If you do not qualify, you may not use this Site.

2.1 Your Information.  In order to use or access certain features or functions of this Site, you are required to register with Buffalo.com using an existing Facebook, Twitter, Google, Yahoo, OpenID or Blogger.

2.2 Account and Password Security.  At the time you submit your registration, you will create a protected account to access certain features or functions of this Site.  You agree to keep your account information and password confidential and you are responsible for all activities that occur under your account.  You agree to notify Buffalo.com immediately of any actual or suspected unauthorized use of your account.  TBN will not be responsible for any loss to you caused by your failure to comply with these obligations.

3.1 Materials.  All materials on this Site, including, but not limited to, text, files, images, graphics, illustrations, audio clips, video clips, sounds and photographs posted to this Site (the “Materials”) by Buffalo.com and related entities are protected by copyrights, and other proprietary and intellectual property rights (“Intellectual Property Rights”) that are owned by TBN or by its Affiliates.  Except as expressly set forth in this Agreement, you may not use, reproduce, perform, display, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Site or any other web site owned or operated by TBN or its Affiliates without the prior written permission of TBN or its Affiliates.  You may, however, download one copy of the Materials solely for your personal, non-commercial use consistent with the purpose for which the Materials are made available by TBN, provided that all copyright and other proprietary notices contained in the Materials are left intact, and you may distribute the Materials to third parties solely for the third parties’ personal, non-commercial use consistent with the purpose for which the Materials are made available by TBN, provided that you only distribute the Materials to third parties using the tools available on this Site for such purpose.  Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of TBN’s and its Affiliates’ Intellectual Property Rights.  Use of the Materials or Marks on any other web site or other networked computer environment, whether by way of copying the Materials or otherwise framing the content of this Site, is prohibited without prior written permission from TBN.

3.2 Marks.  All trademarks, service marks, logos, banners, and page headers displayed on this Site are the trademarks of TBN or Buffalo.com, (collectively, the “Marks”). 

4.1 Content.  You are solely and entirely responsible for all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or other information or materials (the “Content”) that you upload, post, email, transmit, publish or otherwise make available through this Site (collectively, “Publish”).  By Publishing any Content on this Site, you represent and warrant: (a) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the Content you provide and the rights to use the Content as provided in this Agreement; (b) all Content and other information you provide is true, accurate, current and complete and does not violate this Agreement; and (c) the Content will not cause injury to any person or entity. 

4.2 License.  The copyrights in the Content contributed by users of this Site are held by the individual creators of that Content.  For all Content you Publish on this Site, you grant TBN and its Affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Content.  The foregoing license includes, but is not limited to, TBN’s and its Affiliates’ use of the Content in TBN’s and its Affiliates’ educational, advertising, promotional and informational print and online publications and other media projects. 

4.3 No Pre-Screening or Editing.  This Site offers blogs, photo galleries, chat rooms, bulletin boards, and other interactive areas where users can express opinions, share ideas and information. TBN cannot and does not monitor all of the Content Published on this Site.  TBN does not control, and is not responsible for, and does not guarantee the accuracy, integrity or quality of, the Content made available through this Site by users of this Site.  By using this Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable.  By using this Site, you agree to accept such risks and you agree that TBN is not responsible for the acts or omissions of users on this Site.  You agree that you must evaluate, and bear all risks associated with, your use of and reliance on this Site and any of its Content.  You also agree that under no circumstances will TBN or its Affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Site. You acknowledge that TBN does not pre-screen or pre-approve Content on this Site, but that TBN has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason.

5. Access and Interference. 

6. Compliance with Laws. 

7. Termination.  TBN may, in its sole discretion, remove your Content from this Site or terminate or suspend your access to all or part of this Site, including, but not limited to, any blogs, forums, photo galleries, video galleries, podcasts, bulletin boards or other interactive areas on this Site, for any reason or for no reason, including without limitation, breach of this Agreement.  If your access to this Site is terminated, the restrictions and obligations in this Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Agreement will survive any such termination.

8. Indemnification. 

9. Disclaimer. 

10. Limitation of Liability.  IN NO EVENT WILL TBN OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENT OR THE MATERIALS AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, EVEN IF TBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. 

11. Jurisdiction and Venue.  This Site is created, operated and controlled by TBN from its offices within the State of New York, U.S.A.  TBN makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations.  If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.  This Agreement is governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. 

12. Privacy.  TBN’s privacy policy, which you may view at http://home.buffalo.com/pages/privacy , is incorporated in this Agreement by reference. 

13. General.  If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force and in effect.  This Agreement constitutes the entire agreement between you and TBN concerning your use of this Site. 

14. BUFFALO.COM OFFICIAL CONTEST RULES.

A.ELIGIBILITY- NO PURCHASE NECESSARY. Contests are free to enter and open to any New York State resident 18 years of age or older, except employees of The Buffalo News, associated sponsors and agencies, their assignees, licensees, and members of their immediate families living in the same household. Contest must be entered on-line.  One winner allowed per household every month.  Offer void where prohibited by law.

B.HOW TO ENTER: go to http://www.buffalo.com or its associated sites (http://www.twitter.com/buffalodotcom www.f,acebook.com/buffalodotcom, et al) and click on the appropriate link.

C.ENTRY RULES AND DISCLAIMERS: Buffalo.com, associated sponsors, their agencies, their assignees, and licensees are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone or computer hardware or software or telephone transmissions or technical failures, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation the incorrect or inaccurate capture of entry information online, or for lost, late, incomplete, damaged, destroyed, delayed, stolen, misdirected or illegible entries. Entry materials/data that have been tampered with or altered are void. Once submitted, entries become the sole property of Buffalo.com and will not be returned. In case of dispute as to identity of a winner, such entry will be declared made by the registered user of the e-mail account, and if a prize is won, and such registered user is a valid entrant, the prize will be awarded to such registered user. Contest organizers are not responsible if you are unable to enter online for any reason.  Eligible winners may not win another Buffalo.com contest for thirty (30) calendar days.

D.PRIZES:  Some restrictions may apply.  Should any winner be unable to use the prize as awarded, no cash substitution or pass substitutions will be made. Winner will be selected at random from all eligible entries submitted. Chances of winning will be determined by the total number of entries received.

E.PRIZE ACCEPTANCE: Prizes must be accepted as awarded, no cash equivalents, no substitutions. Contest organizers reserve the right to award a prize of equal or greater value in the event of unavailability. Winners agree to allow use of their name, address and photo for publicity without compensation. Contest organizers and sponsors are not responsible for any injury incurred by a contestant as a result of winning or participating. Any taxes are the sole responsibility of the winner.

F. The decisions of the contest organizers are final on all matters of fact, interpretation, eligibility, procedure and fulfillment.

G.Buffalo.com contests are subject to all federal, state and local regulations and is void where restricted or prohibited by law.  All taxes, title, registrations, releases and insurance owed in connection with any prize will be the sole responsibility of the prize winners.  A prize value of $600 or more a W-9 form must be completed before the prize package can be released.  Winner may be required to sign an affidavit of eligibility and liability after notification of winning and release of prize or an alternate winner will be selected. Sponsor reserves the right, in its sole discretion to cancel, terminate, or suspend contests should viruses, bugs, unauthorized human intervention or other causes beyond the control of Sponsor(s) corrupt or impair the administration, security, fairness, or proper play of the contest. In such event, the winner will be selected by random drawing from all eligible entries received up to the time of such cancellation, termination or suspension.

H.By entering Buffalo.com contests, you acknowledge that you have read and accept these rules and agree to be bound by them.

The Buffalo News
Attn: Buffalo.com
PO Box 100
Buffalo, NY 14240