Last updated on: 14/07/2018
1. Alpha Materials and Program
BUZZSHOW will provide you with early access to its platform, and an overview on how to use the platform (“Alpha Materials”) that is required for participation in the alpha test program (“Program”). Program participation is subject to this Agreement’s terms and will require you to have access to the internet and certain hardware and equipment that are not provided to you by BUZZSHOW. BUZZSHOW may terminate this Program at any time without cause or advance notice to you.
2. Participant Feedback
3. Ownership of the Program and Alpha Materials
BUZZSHOW, its affiliates or both own the Program, the Alpha Materials and the intellectual property rights associated with them. You may not copy, distribute, sell, license, loan or transfer the Alpha Materials. You shall keep the Alpha Materials in your possession, custody and control and take reasonable efforts to prevent others from using those materials. You will be responsible for any loss or damage to the Alpha Materials or to BUZZSHOW’s intellectual property rights in those materials, including loss or damage resulting from the disclosure of Alpha Materials or Program information.
4. User Generated Content
The Alpha Materials may include tools that give you the ability to communicate with other users and to create, post and distribute various forms of content for and in connection with the Program, including but not limited to pictures, photographs, videos, game-related materials (including levels and characters) and other information (individually and collectively, “User Generated Content”). You acknowledge that BUZZSHOW and the other creators of User Generated Content have rights in their respective content under copyright and other applicable laws, and that except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for your use of any User Generated Content in violation of any such rights.
You agree that you will not create, transfer, share, send, submit or upload any User Generated Content that:
(a) is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
(b) contains fraudulent statements or misrepresentations that could damage BUZZSHOW or any third party;
(c) contains any statements or materials that disparage, ridicule or scorn BUZZSHOW or any third party;
(d) is obscene, defamatory, threatening, harassing, predatory, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
(e) is an impersonation of another person; or
(f) violates any of the rules of Online Conduct, other terms of this Agreement, terms of the PSN Terms of Service and Usage Agreement or any other terms related to this Program.
You agree that BUZZSHOW is not responsible or liable for User Generated Content submitted or posted by you or by others. BUZZSHOW does not claim ownership of any User Generated Content that you submit or make available as part of the Program, and BUZZSHOW expressly disclaims any and all liability in connection with any User Generated Content. BUZZSHOW has no duty to pre-screen User Generated Content. BUZZSHOW has the right to edit, remove, block or refuse to post any submitted User Generated Content from any network or Internet site for any reason without prior notice, but assumes no obligation to do so and is not responsible for any failure or delay in doing so. You hereby appoint BUZZSHOW as your attorney-in-fact to request from third parties removal under the Digital Millennium Copyright Act or other applicable law or basis, in BUZZSHOW’s discretion, of any of your User Generated Content posted on a third party network or Internet site. You agree to not contest BUZZSHOW’s request for removal of your User Generated Content from such network or Internet site. You also agree to execute all documents, as requested by BUZZSHOW, to effect such removal.
5. BUZZSHOW’s License of User Generated Content
(a) By posting, transferring, sharing or sending User Generated Content in any manner, you hereby grant BUZZSHOW, its affiliates, licensors and distributors and other users of the Platform a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, and perpetual license to modify, adapt, translate, create derivative works from, and perform and display your User Generated Content;
(b) By submitting or uploading User Generated Content in any manner to BUZZSHOW, you hereby grant BUZZSHOW, its affiliates, licensors and distributors a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual license to publish and distribute your User Generated Content (for free or for profit) and to use your User Generated Content for marketing and promotional purposes in conjunction with the Program, the game, any PlayStation computer entertainment system or any other aspect of BUZZSHOW’s business; and
(c) You hereby: (i) Acknowledge that you have received good and valuable consideration from BUZZSHOW for the license of the rights in your User Generated Content under this Agreement; (ii) Agree that your creation or distribution of User Generated Content is not in any way based upon any expectation of compensation from BUZZSHOW, its affiliates, licensors or distributors; (iii) Agree that BUZZSHOW, its affiliates, licensors and distributors may - but are not required to - use your name, username, or applicable trademarks in connection with the distribution of your User Generated Content; and (iv) Warrant and represent that: (A) you created your User Generated Content; (B) you have all necessary rights to your User Generated Content to fulfill your obligations under this Agreement; and (C) your User Generated Content does not infringe on the intellectual property or other rights of any third party and is not obscene, defamatory, offensive or an advertisement or solicitation of business.
6. Confidential Nature of Alpha Materials, Program
You acknowledge and agree that:
(a) Alpha Materials, the Program and any information regarding your use of Alpha Materials, whether shared with BUZZSHOW or not, are BUZZSHOW’s confidential information. You will use Alpha Materials only in your home solely for the purpose of testing the Alpha Materials in connection with the Program, and you will not transfer, distribute or disclose any of the Alpha Materials, Feedback, or any information in connection with the Program to any third party, including through a public exhibition or display of this information. You will not discuss your experience with Alpha Materials with third parties or publish or disseminate information about those experiences unless previously authorized to do so by BuzzShow.;
(b) Alpha Materials are not thoroughly tested and are pre-release materials that are not intended for public release;
(c) the features provided in Alpha Materials may not be available in the final release;
(d) disclosure of any part of Alpha Materials, Program, Feedback or your experiences using Alpha Materials or the Program to any third party, including any trade or consumer press, news agency or any competitor of BUZZSHOW, will cause significant and irreparable harm to BUZZSHOW, the extent of which may be difficult to ascertain. Accordingly, you agree that BUZZSHOW is entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this Agreement.
7. Participant’s Warrants and Representations
You warrant and represent that you:
(a) will conduct yourself responsibly in regards to participation in the Program and treatment of the Alpha Materials and Feedback, following a reasonable, common-sense code of conduct;
(b) will not in any way cause harm to BUZZSHOW, its affiliates, subsidiaries or publishers;
(c) agree that if you allow anyone else to use the Alpha Materials, you accept responsibility for their acts, including any violations of this Agreement which could result in the termination of your BuzzShow account (“Accounts”);
(d) will immediately notify BUZZSHOW if you become aware that the Alpha Materials provided to you as part of this Program are distributed or transferred to a third party, and you will use your best efforts to help recover those Alpha Materials and to prevent any further loss of disclosure.
(e) will not misappropriate any of the intellectual property of BUZZSHOW or any other party;
(f) will not reverse engineer, decompile or disassemble the Alpha Materials or engage in the unauthorized transfer, exhibition, export, import or transmission of programs and will not use any devices to circumvent any authentication schemes; and
8. No Guarantee of Server Uptime/Disclaimer
BUZZSHOW and its affiliates do not guarantee the continuous operation of the servers used in connection with this Program. BUZZSHOW is not liable for your inability to use the Alpha Materials or delay or failure of the servers to perform. If you receive a message during login identifying an error, please contact BUZZSHOW Customer Support at: email@example.com
9. NO WARRANTIES AND REPRESENTATIONS
THE ALPHA MATERIALS AND THE PROGRAM ACCESS PROVIDED BY BUZZSHOW UNDER THE TERMS OF THIS AGREEMENT ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, BUZZSHOW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BUZZSHOW DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE ALPHA MATERIALS ON OR OFFLINE OR PARTICIPATE IN THE PROGRAM AT ANY TIME. FROM TIME TO TIME, PROBLEMS BEYOND BUZZSHOW’S REASONABLE CONTROL MAY PREVENT OR DELAY YOUR ACCESS TO THE PROGRAM OR CAUSE THE PROGRAM OR THE ALPHA MATERIALS TO FAIL TO PERFORM. IN THE EVENT OF A DISPUTE REGARDING YOUR USE OF ANY OF THE ALPHA MATERIALS OR THE PLATFORM, YOU AGREE THAT THE SOLE LIABILITY OF BUZZSHOW AND ITS AFFILIATED COMPANIES WILL BE LIMITED TO REPAIR OR REPLACEMENT OF THE ALPHA MATERIALS AT BUZZSHOW’S OPTION. BUZZSHOW RESERVES THE RIGHT TO INCLUDE A SELF EXPIRING (“TIME BOMB”) VERSION OF THE SOFTWARE OR CEASE HOSTING THE SOFTWARE AT ANY TIME. YOU AGREE THAT BUZZSHOW HAS NO LIABILITY FOR PROGRAM DISCONTINUANCE FOR ANY REASON. ALL OTHER SOFTWARE NOT PUBLISHED BY BUZZSHOW IS THE SOLE RESPONSIBILITY OF THE NAMED PUBLISHER. PLEASE CHECK THE PUBLISHER’S TERMS AND CONDITIONS ASSOCIATED WITH SOFTWARE BEFORE PLAYING.
10. LIMITATION OF LIABILITY AND REMEDIES
You agree that notwithstanding any damages that you might incur for any reason whatsoever (including direct or general damages), the entire liability of BUZZSHOW and any of its affiliates under any provision of this Agreement and your exclusive remedy for all of the foregoing is limited to ten dollars ($1.00 U.S.). The foregoing limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. In no event will BUZZSHOW or its affiliates be liable for any special, incidental, indirect, or consequential damages.
You may terminate this Agreement at any time by deleting all electronic Alpha Materials and returning hard copy Alpha Materials sent to you and providing written notification of your termination by sending an email to firstname.lastname@example.org. Your Accounts participation privileges may be terminated immediately if you fail to comply with this Agreement’s terms and conditions or if you fail to provide reasonable feedback in a timely manner. BUZZSHOW also reserves the right to terminate your participation in the Program at any time without cause.
12. Entire Agreement
13. Governing Law and Venue
You agree that The validity, interpretation, construction and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws that govern BuzzShow, without giving effect to principles of conflicts of law.
Should you have any questions concerning this Agreement, please contact BuzzShow at email@example.com