Terms of Service

Terms of Use
Last Updated: May 30, 2019
Welcome to the Internet sites of Kudos, LLC and its subsidiaries ("Kudos"). "Kudos Sites" include
sites for the Kudos parent corporation and the Buzz line of sports products, and other Internet
sites on which these Terms of Use are posted. Kudos is sometimes referred to herein as "we,"
"us" or "our".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY KUDOS SITE. By
using any Kudos Site you signify your agreement to these Terms of Use. If you do not agree to
these Terms of Use, you may not use the Kudos Sites.
Note that special terms might apply to some services or features offered on certain Kudos Sites.
These terms are posted in connection with the applicable service or feature. Any such terms are
in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.
Kudos may modify these Terms of Use at any time by updating this posting. You are bound by
any such modification and should therefore visit this page periodically to review these Terms of
Use. Your continued use of the Kudos Sites after a modification signifies your agreement to the
modification.
Use of Content
The content contained on Kudos Sites, such as text, graphics, images, audio, video and other
material, as well as the domain names, tagline, organization and user look-and-feel (collectively,
the "Content"), is protected by copyright, trademark and other such laws in the United States and
foreign countries, and is owned or controlled by Kudos or by third parties that have licensed their
Content to Kudos. Unauthorized use of the Content may violate copyright, trademark, and other
laws. Where a Kudos Site is configured to enable the download of particular Content, you may
download one copy of such Content to a single computer for your personal, noncommercial home
use only, provided that (a) you retain all copyright and other proprietary notices contained in the
original Content, (b) you may not sell or modify the Content or reproduce, display, publicly
perform, distribute, or otherwise use the Content in any way for any public or commercial purpose
without the prior written permission of Kudos, and (c) you may not use the Content in a manner
that suggests an association with any of our products, services or brands.
You may not, without the prior written permission of Kudos, "mirror" on any other server any
material contained on any Kudos Site. The use of the Content on any other Web site or in a
networked computer environment for any purpose is prohibited, without the express written
permission of Kudos. The trademarks, logos and service marks (the "Marks") displayed on the
Kudos Sites are owned by Kudos or third parties. You are prohibited from use of those Marks
without the express, written permission of Kudos or such third party. If you would like information
about obtaining Kudos' permission to use the Content on your Web site, e-mail
webmaster@Kudos.com.
In the event that we offer downloads of software on a Kudos Site and you download such
software, the software, including without limitation any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the "Software") is licensed to
you by us or third-party licensors for your personal, noncommercial home use only. We do not
transfer title to the Software to you. You may not distribute or otherwise exploit the Software or
decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable

form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE,
KUDOS HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE,
INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH
WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
KUDOS SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF
THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES)
ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED
BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE
ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, KUDOS'S LIABILITY SHALL BE
LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of any Kudos Site that offers the
opportunity for users to submit content ("User Submissions") for viewing by one or more Kudos
Site users, including without limitation a message board, forum, social community environment,
conversation page, or blog.
You acknowledge that Public Forums and features offered therein are for public and not private
communications, and you have no expectation of privacy with regard to any User Submission to a
Public Forum. We cannot guarantee the security of any information you disclose through any of
these media; you make such disclosures voluntarily and at your own risk. You should use good
judgment when posting information, remarks or other content regarding other users, service
providers, Kudos or any other third party. You may be held legally responsible for damages
suffered by other users, Kudos or third parties as a result of legally actionable or defamatory
comments, remarks or other information or content which you post to a Kudos Site. Kudos is not
legally responsible for any User Submissions, even if a User Submission is defamatory or
otherwise legally actionable.
You are and will remain solely responsible for the User Submissions you distribute on or through
any Kudos Site in any Public Forum and for the consequences of submitting and posting same.
We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting from a User
Submission. By submitting material to any Kudos Site, you automatically grant, or warrant that the
owner of such material has expressly granted, Kudos the royalty-free, perpetual, irrevocable, non-
exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such
material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media
or technology now known or hereafter developed for the full term of any copyright or other rights
that may exist in such material. You also permit any other user to access, view, store or
reproduce the material for that user's personal use. You hereby grant Kudos the right to edit,
copy, publish and distribute any material you make available on any Kudos Site.
You acknowledge that your use or reliance upon any User Submission posted in any Public
Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the
opinions, advice, or recommendations posted or sent by users in any Public Forum and we
specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the
qualifications, background, or abilities of users or the information they post in any Public Forum.
Therefore, we recommend that you be careful and exercise common sense and good judgment
when using any Kudos Site or Public Forum.

Rules of Conduct: you agree that you will not submit any User Submission on any Kudos Site
that:
 is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of
another person;
 is bigoted, hateful, or racially or otherwise offensive;
 is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise
harms or can reasonably be expected to harm any person or entity;
 is illegal or encourages or advocates illegal activity or the discussion of illegal activities
with the intent to commit them, including a User Submission that is, or represents an
attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in
obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or
conspiracy to commit any criminal activity;
 infringes or violates any right of a third party including: (a) copyright, patent, trademark,
trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you
must not distribute another person's personal information of any kind without their
express permission) or publicity; or (c) any confidentiality obligation;
 is commercial, business-related or advertises or offers to sell any products, services or
otherwise (whether or not for profit), or solicits others (including solicitations for
contributions or donations);
 contains a virus or other harmful component, or otherwise tampers with, impairs or
damages the Kudos Sites or any connected network, or otherwise interferes with any
person or entity's use or enjoyment of the Kudos Sites;
o (a) does not generally pertain to the designated topic or theme of the relevant
Public Forum; (b) violates any specific restrictions applicable to a Public Forum,
including its age restrictions and procedures; or (c) is antisocial, disruptive, or
destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing"
as those terms are commonly understood and used on the Internet; or
o is false or misleading.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of
Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby
assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to refuse to post or
communicate or remove any User Submission from any Kudos Site that violates these Terms of
Use (including the Rules of Conduct).
Accounts
Some services on the Kudos Sites permit or require you to create an account to participate or to
secure additional benefits. You agree to provide, maintain and update true, accurate, current and
complete information about yourself as prompted by our registration processes (the "Registration
Data"). You agree not to impersonate any person or entity or misrepresent your identity or
affiliation with any person or entity, including using another person's username, password or
other account information, or another person's name, likeness, voice, image or photograph. You
also agree to notify us promptly at Webmaster@Kudos.com of any unauthorized use of your
username, password, other account information, or any other breach of security that you become
aware of involving or relating to any Kudos Site.
We may suspend or terminate your account and your ability to use any Kudos Site or portion
thereof for failure to comply with these Terms of Use or any special terms related to a particular
service.

Kudos' Liability
Kudos makes no representations or warranties about the accuracy, reliability, completeness, or
timeliness of the Content or about the results to be obtained from using the Kudos Sites and the
Content. Any use of the Kudos Sites and the Content is at your own risk. Changes are
periodically made to Kudos Sites and may be made at any time. Some Content on the Kudos
Sites may be provided by third parties and Kudos will not be held responsible for any such
Content provided by third parties.
KUDOS DOES NOT WARRANT THAT THE KUDOS SITES WILL OPERATE ERROR-FREE OR
THAT THE KUDOS SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL GOODS. IF YOUR USE OF THE KUDOS SITES OR THE CONTENT
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF
PROFITS OR DATA, KUDOS WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE KUDOS SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. KUDOS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Disclaimer of Certain Damages
Your use of the Kudos Sites is at your own risk. If you are dissatisfied with any of the Content or
other contents of the Kudos Sites or with these Terms and Conditions, your sole remedy is to
discontinue use of the Kudos Sites. IN NO EVENT WILL KUDOS OR ANY THIRD PARTIES
MENTIONED AT THE KUDOS SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE KUDOS SITES
AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT KUDOS IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. 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, IN WHICH CASE SUCH
EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE
APPLICABLE LAW. In Virginia, this disclaimer of damages does not apply to intentional or
reckless acts or gross negligence on the part of Kudos.
Links to Other Sites
The Kudos Sites may contain links to third party Web sites that are maintained by others. Any
such links are provided solely as a convenience to you and not as an endorsement by Kudos of
the contents on such third-party Web sites. Kudos is not responsible for the content of linked
third-party sites and does not make any representations or warranties regarding the content or
accuracy of materials on such third-party Web sites or the privacy practices of such third parties.
If you decide to access linked third-party Web sites, you do so at your own risk.
Third-party Applications

On Kudos Sites you might have an opportunity to download applications that were developed by
third-parties. Kudos is not responsible for and makes no representations or warranties regarding
the content or functionality of these third-party applications or the privacy practices of such third-
party developers. If you decide to download and use any of these third-party applications, then
you do so at your own risk.
Indemnity
You agree to defend, indemnify, and hold harmless Kudos, its officers, directors, employees and
agents, from and against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your breach of these Terms of Use. This
indemnification provision does not apply to intentional or reckless acts or gross negligence on the
part of Kudos.
Export Control
The United States and certain other countries control the export of products and information. You
agree to comply with such restrictions and not to export or re-export the Content to countries or
persons prohibited under export control laws. By downloading the Content, you are agreeing that
you are not in a country where such export is prohibited and that you are not on the U.S.
Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of
Specially Designated Nationals. You are responsible for compliance with the laws of your local
jurisdiction regarding the import, export, or re-export of the Content.
Copyright Policy
Kudos respects the intellectual property rights of others. It is Kudos' policy, at its discretion and
when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the
copyrights of third parties.
To submit a copyright infringement notification to Kudos, please submit a notification pursuant to
the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent
with the following information in writing:
 A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
 Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site.
 Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the material.
 Information reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and, if available, an electronic mail
address at which the complaining party may be contacted.
 A statement that the complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the law.
 A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding
paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information
regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
By Email: Webmaster@Kudos.com
By Mail: 
KUDOS, LLC
Attn: Legal Department 
309 Senate Court
Herndon, VA 20170
General
Except to the extent provided below in this paragraph, all legal issues arising from or related to
the use of any Kudos Site will be construed in accordance with and determined by the laws of the
State of Virginia applicable to contracts entered into and performed within the State of Virginia
without respect to its conflict of laws principles. By using a Kudos Site, you agree that the
exclusive forum for any claims or causes of action arising out of your use of the Kudos Site is the
United States District Court for the Eastern District of Virginia, or any Virginia State court sitting in
Fairfax County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection
which you may now or hereafter have to the laying of the venue of any such proceeding brought
in such a court and any claim that any such proceeding brought in such a court has been brought
in an inconvenient forum. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c)
you are not accessing the Kudos Site from the U.S.; and (d) you are a citizen of one of the
countries identified below, you hereby agree that any dispute or claim arising from this Terms of
Use will be governed by the applicable law set forth below, without regard to any conflict of law
provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state,
province or country identified below whose law governs:
If you are a citizen of: 
Any European Union country
Governing law and forum: 
English laws; London, England
In the event of a complaint, or to request further information, the provider may be contacted in
writing at Kudos LLC, 309 Senate Court, Herndon, VA 20170