Welcome to BuzzAldrin.com (the “Site”). Please read the following terms and conditions of use (“Terms”) carefully before using this Site. By using this Site you agree to these Terms.
LEGALLY BINDING AGREEMENT AND ACCEPTANCE OF TERMS
Buzz Aldrin Enterprises, LLC and its agents and representatives (“Buzz Aldrin Enterprises” or “we”) make content, products and/or services available on this Site on behalf of Buzz Aldrin, and affiliates, subject to the Terms below. By accessing this Site, you agree to be bound by these Terms and by the Privacy Policy linked to these Terms.
We have the right to change these Terms, and/or contents, products, services, prices, contests or other programs mentioned in this Site at any time, without notice. We reserve the right to seek any and all remedies available for any violation of these Terms.
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide are correct, current, and complete. If the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
YOUR USE OF MATERIALS
All content available on this Site, and the technology used to transmit it, are protected by applicable laws and regulations regarding intellectual property rights, including copyrights and trademarks, and other proprietary rights. You agree not to reproduce, republish, copy, modify, adapt, edit, transmit or distribute in any manner the materials or content available on or through this Site.
You agree not to use, or permit others to use, any portion or feature of this Site to post or transmit content, which in our opinion: (a) is false, misleading, defamatory, or harassing; (b) is invasive of another’s privacy; promotes bigotry, racism, hatred or harm against any group or individual; (c) disrupts the flow of discussions in chat rooms; (d) is obscene; (e) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (f) infringes another’s legal rights, including copyrights, trademarks or rights of publicity; (g) is an attempt to impersonate another person (including celebrities); (h) constitutes unsolicited bulk e-mail, junk mail, spam, chain letters, or a pyramid scheme; manipulates headers or identifiers to disguise the origin of content; (i) violates any laws or regulations, or advocates or promotes illegal activity.
You may not use this Site to sell, promote or advertise any product or service, or for any other commercial purpose, or solicit funds, advertisers or sponsors. You agree not to collect or store personal data about other users.
TRADEMARKS AND COPYRIGHTS
All content presented on this Site, including text, graphics, logos, icons, images, audio and video clips, is the property of Buzz Aldrin Enterprises or its content suppliers and is protected by U.S. and international copyright laws, patents or other proprietary rights. The compilation, design and arrangement of all content on this Site is the exclusive property of Buzz Aldrin Enterprises, and is protected by U.S. and international copyright laws.
The name “Buzz Aldrin” and the astronaut figure holding the flag are trademarks of Buzz Aldrin Enterprises. These trademarks, and any other trademarks developed by Buzz Aldrin Enterprises, may not be used in connection with any product or service that is not authorized by Buzz Aldrin Enterprises, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Buzz Aldrin Enterprises, Buzz Aldrin or affiliates.
SWEEPSTAKES AND CONTESTS
By entering any sweepstakes or contests or participating in any games made available on this Site, you will become subject to all applicable rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such sweepstakes, contests and games.
ACCURACY
In all the content and materials on this Site, we try to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered on this Site is not as described, your sole remedy is to return it in unused condition.
THIRD PARTY LINKS
This Site may provide links to third-party sites; however, we have no control over these sites and are not liable with regard to the availability and accuracy of such sites or the legality and copyright compliance of the content, products or services from such sites. Buzz Aldrin Enterprises does not warrant or guarantee any products or services that you purchase from any third-party site that links to or from this Site or any other Buzz Aldrin-related sites. Links to third-party sites do not imply any endorsement by Buzz Aldrin Enterprises, Buzz Aldrin, or any affiliates.
CONTENT UPLOADED BY YOU OR OTHERS
By uploading or posting content, you automatically grant us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, display, modify, adapt, publish, transmit and distribute such content in any form, medium or technology now known or later developed. You warrant that you are the owner of the content uploaded or posted, and that you are entitled to enter into these Terms. You confirm that any content uploaded or posted by you will not be subject to any third party rights, or to any obligation of confidence or otherwise by you to another person, and that Buzz Aldrin Enterprises will not be liable for any use or disclosure of such content. You may not post the content of others in violation of any law, contract, third party intellectual property rights or other proprietary rights. You may not collect or store personal information regarding other users.
Your account and content may be monitored by us, but we are not obligated to do so. We are not obligated, but reserve the right, to alter or remove any content or postings in our sole discretion or as required by law.
FORUMS
The materials, information and opinions included and/or expressed in or on bulletin boards, chat rooms, community pages or other forums on this Site (“Forums”) are not necessarily those of Buzz Aldrin Enterprises or its affiliated or related entities or content providers. We do not undertake to monitor or review forums, and the content of forums is not the responsibility of Buzz Aldrin Enterprises. We may remove or modify any content without notice or liability at any time in our sole discretion. Any use of the Forums will be at your own risk and will be subject to the disclaimers and limitations on liability included in these Terms.
SECURITY
Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). We are entitled to monitor your password and, in our discretion, require you to change it. If you use a password that we consider insecure, we will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system security. We reserves the right to release your details to system administrators at other sites, or as required by law, in order to assist in resolving security incidents.
DISCLAIMER AND LIMITATION OF LIABILITY
You acknowledge that we have unlimited discretion to establish general practices and limits concerning use of the Site in our sole discretion.
We make no representations about the Site, including the suitability of any content, information, software, services, documents, and graphics (collectively “Site Content”) contained within the Site for any purpose. The Site Content is provided for use at your own risk, “as is,” without warranty of any kind. We hereby disclaim all warranties and conditions, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the extent permitted by applicable law, in no event shall we be liable under any theory of damages to you or to any third party for any special, indirect, or consequential damages, or any damages whatsoever, nor shall we be responsible for any lost profits or lost data, resulting from use of, inability to use, or termination of the right to use the Site or any of the Site Content.
INVESTIGATIONS
We reserve the unfettered right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or emails you make or send to any Forum. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice.
If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Buzz Aldrin Enterprises will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
By accepting this agreement you waive and hold harmless Buzz Aldrin Enterprises from any claims resulting from any action taken by Buzz Aldrin Enterprises during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Buzz Aldrin Enterprises or law enforcement authorities.
LOCAL REGULATIONS
We make no representation that materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
INDEMNIFICATION
You agree to indemnify and hold harmless Buzz Aldrin, Buzz Aldrin Enterprises and its officers, directors, employees, agents, distributors, affiliates and general partners (“Indemnified Parties”) from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, arising out of your use of the Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify any of the Indemnified Parties, such party will have the right, in its sole discretion, to control any action or proceeding and determine whether they wish to settle it, and if so, on what terms.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any content appearing on this Site infringes your copyright rights, we at Buzz Aldrin Enterprises want to hear from you. Please forward the following information in writing to our Legal Counsel at the address listed below.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your physical signature or the physical signature of the person authorized to act on behalf of the copyright claimant;
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
LEGAL COUNSEL AND NOTICE
Legal notice to us under these Terms will be sufficient only if in writing and mailed to our Legal Counsel at the following address:
Buzz Aldrin Enterprises LLC
11901 Santa Monica Blvd. Suite 496
Los Angeles, CA 90025
Attention: Legal Counsel
For general inquiries, you may contact us here.
ARBITRATION AND GENERAL TERMS
This Site is controlled and operated by Buzz Aldrin Enterprises from its offices within California, United States of America. The Terms and relationship between you and us shall be governed by the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, and without regard to any conflict of law provisions.
These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that any dispute arising out of or relating to these Terms or your use of the Site will be submitted to confidential binding arbitration, before a single arbitrator, in Los Angeles, California under the prevailing rules of the American Arbitration Association. The award may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms will be joined to an arbitration involving any other party subject to these terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we may seek injunctive or other appropriate relief for any intellectual property related claims in any state or federal court in the states of California, and you hereby consent to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions.
