PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official terms of use agreement ("Agreement") for BuffaloRome.com, the official website for Buffalo Rome, owned by Buffalo Rome and created, developed, powered, and maintained by Digome, L.L.C. This Agreement governs only the content features, and activities related to this Site. This Site is offered and made available only to users 13 years of age or older who reside in United States of America. If you are not yet 13 years old, or do not reside in the United States, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility and residency requirements of the Site. These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and BuffaloRome.com, Buffalo Rome, and Digome L.L.C. (collectively referred to as “us” or “we”). In this Agreement, the term "Site" includes all web sites and web pages within BuffaloRome.com as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, membership clubs, mobile messaging, and email. The Site's Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability. The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.

1. REGISTRATION

We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

2. MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

3. OWNERSHIP OF INTELLECTUAL PROPERTY

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are our exclusive property, and any of our successors and assigns, and any of our respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material, in part or whole, without the express prior written consent of BuffaloRome.com. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us.

4. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

5. RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

6. SHOPPING

All e-commerce on the Site is brought to you by third parties who are operational service providers and affiliates under this Agreement. All goods and services offered for sale on the Site ("Products") are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of the invoice. Within that time period, just contact Customer Service and we will coordinate attempting to correct, repair or replace the defective Product or, if applicable, in obtaining a refund for you. We have no responsibility or liability whatsoever for goods or services you may obtain from through other web sites or web pages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period noted above or for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge). Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions. You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.

7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES

BuffaloRome.com may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from BuffaloRome.com, either by registering on this Site or via their wireless device. Such services and promotional opportunities are provided in tandem with third parties. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to the Site's Agreement, including, without limitation, its Privacy Policy and Terms of Use Agreement. Users that register for the BuffaloRome.com's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from the BuffaloRome.com. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address. A user understands, acknowledges and agrees that BuffaloRome.com may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice, with such notices posted on this Site.

8. VIRAL FEATURES

There may be portions of our Site, content, functionality or features (e.g, digital streaming media player(s)) ("Viral Features") that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features) you are bound by the applicable provisions of this Agreement and our Privacy Policy.

9. POSTINGS

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Content (as defined in the User Content Submission Agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site or us. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize us to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, Comedy Central, the Parent Companies and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, you must deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.

You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, we may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules, which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

11. PODCASTING

The Site may provide podcasts ("Podcasts") consisting of selected audio content from the Site that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Certain software and hardware is required for users to download and play Podcasts. Podcasts are protected by United States Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Podcasts are reserved to us or the content provider. Podcasts are available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening device or a computer the Podcasts for your personal, non-commercial use only. You shall not, nor will you allow any third party to reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Podcasts except as expressly authorized in this Section 11. By your access to and use of Podcasts, you understand, acknowledge and agree that we do not warrant that its podcasting service will operate on all user equipment. Please see our "Disclaimer and Limitations of Liability" section for further details.

12. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, us, any of our successors and assigns, and any of our officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's or our logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please also read our Privacy Policy.

13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE

You may deactivate your account on the Site, at any time and for any reason, by clicking to go to Your Account, entering your user name and password, and then selecting the "Delete My Account" option. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

14. DISCLAIMER AND LIMITATIONS OF LIABILITY

THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or any issues regarding your computer, your bandwidth, or the content delivery network(s) used in the transmission of data from and to the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, BuffaloRome.com, Buffalo Rome, DIGOME LLC AND/OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have us, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for us, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

15. INDEMNIFICATION

You agree to indemnify, defend and hold us and the Site, and any of our affiliates, or any of our successors and assigns, and any of our respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your submissions or postings. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

16. PRIVACY

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

17. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of Tennessee (notwithstanding any other state's conflict of laws provisions) applicable to contracts made, executed and wholly performed in Tennessee, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Tennessee and County of Davidson and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

18. ADS AND MALWARE

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer and/or your bandwidth limitations may cause some glitches that affect how you see our Site --- and that is beyond our control. If you experience any unusual behavior, content or ads on the Site, it may be the result of malware on your computer. Malware --- short for MALicious softWARE --- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of malware:

• Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
• Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
• Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
• Install Microsoft Defender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-party software including malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.

ADDITIONAL TERMS OF AGREEMENT FOR MEMBERS OF BuffaloRome.com

By becoming paid Member of BuffaloRome.com, or by using this site (hereinafter the "Site"), you agree to be bound by these additional terms of service, which is subject to change at any time without notice to you.

BuffaloRome.com may offer discounts, upgrades, coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term. By subscribing, you agree that you will be responsible for all payments as specified in the offer, and you agree that BuffaloRome.com may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without notice or other communication to you. Member-only community features and social networking may be included in your membership from time to time, at the sole and exclusive discretion of BuffaloRome.com. We exclusively determine the accepted standards of conduct in these communities. Any behavior that is detrimental to Buffalo Rome, BuffaloRome.com, Digome, any employees affiliated with either, or any member of BuffaloRome.com will not be tolerated and including but not limited to (1) profanity or obscenities; (2) libel, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful mail, email, telephone conversations, message board postings, or personal confrontations (3) displaying any personal information about oneself or that of another including but not limited to address and telephone number. Any abuse of this policy will be grounds for revoking a membership without a refund. By subscribing, registering or using the sites, you agree that BuffaloRome.com has the right, in addition to other rights, to delete your posts or blacklist you or any other user at any time, if we believe that action is in the best interest of the Site or other Members or users, for whatever reason, and the reason need not be disclosed. All Members must promptly inform BuffaloRome.com of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until BuffaloRome.com is notified by e-mail of a breach in security, the Member will remain liable for any unauthorized use of the Membership. Members may update their information with BuffaloRome.com in My Account section of www.BuffaloRome.com or by emailing buffalorome@digome.com. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Site. Access to and use of the Site is through a combination of an ID and a password. Each Member must keep his or her password strictly confidential. We will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Premium parts of the Site is a breach of this Agreement and a violation of law. To be eligible to win any prize or award that we may offer, you must be at least 18 years old as of your date of entry into the drawing, a legal resident of the continental United States. For any drawings requiring entry or other fees to be paid, residents of Arizona, Colorado, Florida, Louisiana, Maryland, Minnesota, Montana, North Dakota, and Vermont may play, but will not be eligible to win prizes. In addition, if you live in any other state or area where any drawings are unlawful, you agree that you may play, but that you may not be eligible to win prizes. By signing up for free or paid memberships, you agree to be bound by all of the terms herein, as well as any applicable state or federal laws. BuffaloRome.com reserves the right to declare any winner of any prize or award ineligible for the same, and reserves the right at any time to revoke the same.

In consideration for being a member of BuffaloRome.com, participating in any and all BuffaloRome.com contests, promotions, purchasing event tickets and attending and/or fan experiences, you agree to authorize US to use your name, voice, portrait and likeness, including, any statements, interviews or performances of you in any video, recorded, filmed, taped, and/or photographed material created by US in connection with the BuffaloRome.com membership contest, promotion, concert ticket purchase and attendance and/or fan experience (collectively referred to as “the Work”). WE have the right to use the Work for any purpose, including but not limited to any related advertisement, promotion and publicity for us, and to exhibit, produce, broadcast, distribute, and otherwise exploit the Work in whole or in part, through any and all means and all media, whether now known or hereafter developed, throughout the world into perpetuity. WE shall have the right to edit, modify, add to and/or delete any or all of the material contained in the Work, including that material which contains the your name, voice, portrait and likeness, in whole or in part. Except as otherwise expressly provided herein, you shall not receive any compensation whatsoever in connection with your services and performances in connection with or as part of the Work, the use and exploitation of the Work or the exercise of the rights granted herein.

None of the offerings on BuffaloRome.com are to be used in connection with any form of gambling or the promotion of gambling. Winners of prizes are solely responsible for any applicable taxes, including, but not limited to, all federal, state, and local income taxes. For game winners, you may be required to provide certain additional information, such as social security number, etc., in order to process the awards or prizes. The material on BuffaloRome.com is for the private, non-commercial enjoyment of Members and users only. Any other use is strictly prohibited. We spend a great deal of time and money to obtain the information appearing on the Site. Members agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from the Site, without express written permission from BuffaloRome.com. Members agree that, should they do so, BuffaloRome.com reserves the right to cancel their subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law. To prevent access by multiple users sharing one account, BuffaloRome.com reserves the right to limit access for each Member to a fixed physical location or machine or to a specific number of simultaneous log-ons. Member agrees to notify us in advance if their situation calls for use of multiple machines (e.g., student work lab, library, etc.). In addition, if such a scenario exists, Member is responsible for logging out appropriately in order to login successfully in another location. By signing up to post on BuffaloRome.com, you agree that you will not use the Site or posting boards to advertise any product or service, without the express written permission of BuffaloRome.com. You also agree that if you do use the boards in such a manner, and are subsequently banned or blacklisted from the boards, and then continue to post such advertising under a new account, you will be liable for damages to BuffaloRome.com in the amount of fair compensation for equivalent advertising frequently sold by to advertisers, plus BuffaloRome.com’s costs of collection, including attorneys fees. Due to difficulty in BuffaloRome.com in assessing these damages and advertising opportunity costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on BuffaloRome.com’s ability to prove actual damages in excess of this amount). By signing up to post, you agree that if we blacklist you, you will cease and desist from all posting. If you are blacklisted, and subsequently sign up under new account(s) for the sole purpose of disrupting the Site or boards in any manner, you will be liable for damages to BuffaloRome.com in the amount of fair compensation for time spent by our staff and/or publishers in addition to any lost profits or revenues caused by your disruption and costs of collection of these damages, including attorneys fees. Due to difficulty in our assessing these damages and costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on our ability to prove actual damages in excess of this amount). Notices to Members may be given by means of electronic messages or by a general posting on the service.

Digome will accept merchandise items for return or exchange within 30 days of purchase provided the item is unused, unopened and in brand new condition. For wearable merchandise, items that have been washed or worn may not be returned. For non-wearable merchandise, including books, DVDs, or videos, BuffaloRome.com will not accept for return or exchange any packaged item after it has been opened. There are no refunds, returns or exchanges for digital downloads; all such sales are final. There may be a cancellation/return/exchange fee plus shipping and handling for all exchanges. BuffaloRome.com is not responsible for the cost of return shipping.

Please allow for 4 weeks for shipping of your Merchandise. If one or more items from your order are out of stock, or if an item that you ordered becomes discontinued prior to delivery, WE will notify you via e-mail. If an item is backordered, you have the option of holding your entire order until the backordered item arrives, or you can request a credit for the back ordered item and have the rest of your order shipped.

In accordance with state law, WE may be required to charge sales tax on certain Merchandise orders shipped within the state of Massachusetts. Sales tax is applied to the total amount of the order, which includes shipping and handling charges.

Our customer service office is open 24-7 by e-mail to buffalorome@digome.com.

Digome (“WE”) may occasionally update these Purchasing Terms. When WE do, WE will also revise the "last updated" date at the bottom of the Purchasing Terms. You understand that Digome reserves the right to make these changes and that you are responsible for regularly reviewing this Purchasing Terms, as posted on this Web site. Continued access to or use of the BuffaloRome.com website after any such change shall constitute your consent to such change.

By using this Site, registering on this Site, or subscribing to this Site, you agree to all of these terms as well as all other Terms of Agreement posted elsewhere on this Site, and such other terms shall be incorporated herein by reference for full force and effect. Copyright 2009, All Rights Reserved, Buffalo Rome, BuffaloRome.com, and Digome, L.L.C.

All of the foregoing is effective immediately.

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