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Guarantees
Draft Board Genie - Terms & Conditions ARCHIVED FROM 2014
 

Member Conduct

    1. Bruno's is committed to ensuring that the Service remains a fun and safe place to create fantasy draft boards. To that end, the Service allows Members/Customers (referred in this document as Members) to be creative with their Content. Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Bruno's believes:

      1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

      2. Comprises copyrighted material used without the express permission of the owner;

      3. Violates or otherwise encroaches on the rights of others;

      4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);

      5. Advocates illegal activity;

      6. Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;

      7. Uses any high volume automated means (including robots, spiders or scripts) to access the Service;

      8. Broadcasts or sends any form of advertising, mass communication or solicitation to Bruno's users;

      9. Harms anyone, including minors; or,

      10. Provides a link to any of the above


    2. Bruno's has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Bruno's does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Bruno's may delete, move, and edit Content for any reason, at any time, without notice. Bruno's reserves the right to contact with alternative options.


    3. All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.


    4. By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.


    5. Bruno's in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.

COPYRIGHT

As a condition using our software, you hereby grant Bruno's Draft Kits a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. You represent and warrant to Bruno's Draft Kits that you either own your Content or have written permission from the copyright owner to make such Content available to the Draft Board Genie. Bruno's reserves the right to decline reproduction of any Content that it, in its sole discretion, believes may violate the copyrights of any party.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations you may incur as a result of your activities on the Service.

If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, Bruno's has a process in place to respond to your concerns. Bruno's will take appropriate steps, at the sole discretion of Bruno's, to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:

If you believe your copyright or the copyright of another has been infringed on the Service, please provide the Law Department of Bruno's with a written notice containing the following information:

  1. a description and copy of the copyrighted work you claim has been infringed;
  2. a description of where the material you claim is infringing is located on the site;
  3. your address, telephone number, and email address;
  4. 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;
  5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  6. the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above and notarized.

The above Notice for claims of infringement for Content on the Service should be addressed to the Law Department at Bruno's at the following street address:

Bruno's Draft Kits
Law Department
2078 Concourse Dr
St. Louis, Missouri 63146

INDEMNITY

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BRUNO'S DRAFT KITS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS (COLLECTIVELY "BRUNO'S") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.

LIMITED WARRANTY

  1. No Liability for Content IN NO EVENT WILL BRUNO'S BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THIS SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
  2. Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. BRUNO'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR BRUNO'S TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE DRAFT BOARD (DOES NOT INCLUDE LABELS), OR (II) REPRINT THE DRAFT BOARD OR RECREATE THE DRAFT BOARD AT NO EXTRA COST. ANY SHIPPING COSTS WILL BE YOUR RESPONSIBILITY.
  3. Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BRUNO'S EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRUNO'S AND THE SITE HOST MAKE NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. BRUNO'S MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, BRUNO'S WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE - OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TERMINATION

Bruno's may, in its sole discretion, terminate your Account (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Bruno's elsewhere on the Site, (ii) conduct Bruno's believes is harmful to other BrunosDraftBoards.com users, the business of Bruno's Draft Kits. Bruno's will not be liable to you or any third party for any termination of your access to the Service or discarding Content.

-- Last updated 7/13/2014

Draft Board Genie - Terms & Conditions
 

Member Conduct

    1. Bruno's is committed to ensuring that the Service remains a fun and safe place to create fantasy draft boards. To that end, the Service allows Members/Customers (referred in this document as Members) to be creative with their Content. Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Bruno's believes:

      1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

      2. Comprises copyrighted material used without the express permission of the owner;

      3. Violates or otherwise encroaches on the rights of others;

      4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);

      5. Advocates illegal activity;

      6. Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;

      7. Uses any high volume automated means (including robots, spiders or scripts) to access the Service;

      8. Broadcasts or sends any form of advertising, mass communication or solicitation to Bruno's users;

      9. Harms anyone, including minors; or,

      10. Provides a link to any of the above


    2. Bruno's has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Bruno's does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Bruno's may delete, move, and edit Content for any reason, at any time, without notice. Bruno's reserves the right to contact with alternative options.


    3. All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.


    4. By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.


    5. Bruno's in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.

COPYRIGHT

As a condition using our software, you hereby grant Bruno's Draft Kits a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. You represent and warrant to Bruno's Draft Kits that you either own your Content or have written permission from the copyright owner to make such Content available to the Draft Board Genie. Bruno's reserves the right to decline reproduction of any Content that it, in its sole discretion, believes may violate the copyrights of any party.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations you may incur as a result of your activities on the Service.

If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, Bruno's has a process in place to respond to your concerns. Bruno's will take appropriate steps, at the sole discretion of Bruno's, to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:

If you believe your copyright or the copyright of another has been infringed on the Service, please provide the Law Department of Bruno's with a written notice containing the following information:

  1. a description and copy of the copyrighted work you claim has been infringed;
  2. a description of where the material you claim is infringing is located on the site;
  3. your address, telephone number, and email address;
  4. 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;
  5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  6. the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above and notarized.

The above Notice for claims of infringement for Content on the Service should be addressed to the Law Department at Bruno's at the following street address:

Bruno's Draft Kits
Law Department
2078 Concourse Dr
St. Louis, Missouri 63146

INDEMNITY

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BRUNO'S DRAFT KITS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS (COLLECTIVELY "BRUNO'S") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.

LIMITED WARRANTY

  1. No Liability for Content IN NO EVENT WILL BRUNO'S BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THIS SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
  2. Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. BRUNO'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR BRUNO'S TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE DRAFT BOARD (DOES NOT INCLUDE LABELS), OR (II) REPRINT THE DRAFT BOARD OR RECREATE THE DRAFT BOARD AT NO EXTRA COST. ANY SHIPPING COSTS WILL BE YOUR RESPONSIBILITY.
  3. Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BRUNO'S EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRUNO'S AND THE SITE HOST MAKE NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. BRUNO'S MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, BRUNO'S WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE - OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TERMINATION

Bruno's may, in its sole discretion, terminate your Account (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Bruno's elsewhere on the Site, (ii) conduct Bruno's believes is harmful to other BrunosDraftBoards.com users, the business of Bruno's Draft Kits. Bruno's will not be liable to you or any third party for any termination of your access to the Service or discarding Content.

-- Last updated 7/13/2014

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