Last modified April 13, 2010
These Terms of Use govern your use of all Rebel Box LLC Web sites, products and services (collectively, the "Rebel Box LLC Offerings") offered by Rebel Box LLC, Inc. and its Affiliates ("Rebel Box LLC"). By participating in any Rebel Box LLC Offering, you agree to be bound by these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to Rebel Box LLC, any person or entity which controls, is controlled by, or is under common control with, Rebel Box LLC.
Without limiting the foregoing, each of your Rebel Box LLC Offering account(s) (each a "Rebel Box LLC account"), if applicable, and participation in any Rebel Box LLC Offerings are governed by these Terms of Use. The Rebel Box LLC Offerings are always evolving, so it is important that you periodically check here, as well as the specific rules for any games or activities in which you choose to participate, for updates. If we revise these Terms of Use, such revision(s) will take effect immediately upon being posted within each Rebel Box LLC Offering. As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all Rebel Box LLC Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Rebel Box LLC Offering, these Terms of Use will control.
All payments to Rebel Box LLC are made through 3rd party payment providers. Including but not limited to Pay Pal, and Google Checkout. At no time does Rebel Box LLC handle your private financial information. Once notification of your payment arrives to us we will deliver your software through email.
If you create a Rebel Box LLC account within a particular Rebel Box LLC Offering, you must provide truthful and accurate information to us in creating your Rebel Box LLC account. If Rebel Box LLC has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Rebel Box LLC may suspend or terminate your ability to use or access a Rebel Box LLC Offering, and refuse any and all current or future use of or access to any or all Rebel Box LLC Offerings (or any portion thereof). Rebel Box LLC requires all users to be over the age of thirteen (13).
Rebel Box LLC reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
You are solely responsible for all activity on any and all of your Rebel Box LLC account(s) and for the security of your computer system. You should not reveal your username or password to any other person. Rebel Box LLC will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Rebel Box LLC and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Rebel Box LLC account(s). This includes illegal or improper use by someone to whom you have given permission to use your Rebel Box LLC account(s) or whom you have negligently allowed to access your Rebel Box LLC account(s). Rebel Box LLC reserves the right to terminate your Rebel Box LLC account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.
When you access a Rebel Box LLC Offering, send e-mails or electronically chat with Rebel Box LLC, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Rebel Box LLC Offerings. You agree that all agreements, notices, disclosures and other communications that Rebel Box LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
If you access one of our social games through a third party social networking site (each, a "Social Game"), you may have the opportunity to use virtual, in-game currency ("virtual currency") to license a variety of virtual, in-game items ("virtual items") that can be used while playing such Social Game. You may be required to pay a fee to obtain virtual currency.
You have no property interest in any virtual currency or virtual items. Any purchase of virtual currency, and virtual currency accumulated through any applicable Social Game membership benefits, are purchases of a limited, non-transferable, revocable license to use that virtual currency within the applicable Social Game. Virtual currency and virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual currency and virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Social Game. Virtual currency and virtual items cannot be refunded or exchanged for cash or any other tangible value. Virtual currency that you purchase through individual transactions and that are not part of a recurring subscription must be used by you within two (2) years of the date of purchase. If you do not redeem your virtual currency by that point, so long as your Rebel Box LLC account with respect to the applicable Social Game remains active and in good standing, you will be offered an opportunity to convert any unused virtual currency into one or more in-game or other options determined by Rebel Box Gages in its sole discretion. All virtual currency and virtual items are unconditionally forfeited if your Social Game account is terminated or suspended for any reason, in Rebel Box LLC' sole discretion, or if Rebel Box LLC discontinues any Social Game.
Rebel Box LLC has no liability for hacking or loss of your virtual currency or virtual items. Rebel Box LLC has no obligation to, and will not, reimburse you for any virtual items or virtual currency lost due to your violation of these Terms of Use. Rebel Box LLC reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual currency and virtual items are subject to change without notice.
If you access our Social Games, you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.
If Rebel Box LLC has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Rebel Box LLC may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
The content within the Rebel Box LLC Offerings includes the software, communications, images, text, sounds, and all the material and information you encounter through the Rebel Box LLC Offerings. Rebel Box LLC and our independent content providers supply most of the content within the Rebel Box LLC Offerings. You bear the risk of the completeness, accuracy or usefulness of any content found on the Rebel Box LLC Offerings.
Without limiting the scope of these Terms of Use, you agree to comply with any guidelines or other provisions described in our Forum FAQ when you access any Rebel Box LLC Offering. Inappropriate, obscene, defamatory or offensive language, crude or explicit sexual references, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Rebel Box LLC Offerings. Content standards may vary depending on where you are within a Rebel Box LLC Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, or posting to any forums or message boards, within a Rebel Box LLC Offering.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Rebel Box LLC Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Rebel Box LLC does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Rebel Box LLC Offerings. Rebel Box LLC does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Rebel Box LLC Offerings. You agree to indemnify Rebel Box LLC and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Rebel Box LLC Offerings.
Without limiting the generality of these policies and standards, you understand that the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Rebel Box LLC account(s) being immediately terminated:
Posting, transmitting, promoting, or distributing any content that is illegal
Harassing or threatening any other user of a Rebel Box LLC Offering or employee or contractor of Rebel Box LLC
Impersonating another person, indicating that you are a Rebel Box LLC employee or a representative of Rebel Box LLC (if you are not), or attempting to mislead users by indicating that you represent Rebel Box LLC in any way
Attempting to obtain a password, other account information, or other private information from any other user of a Rebel Box LLC Offering
Uploading any software, files or content to a Rebel Box LLC Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, mass mailings and sending "spam", or making any commercial use of our Rebel Box LLC Offerings.
Improperly use any game support functions or complaint buttons, or make false complaints or other reports to Rebel Box LLC staff members.
Posting or communicating any player's real-world personal information within a Rebel Box LLC Offering or by or through a Rebel Box LLC Offering or any related bulletin board.
Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Rebel Box LLC Offering, or using or launching any unauthorized script or other software.
Using a false e-mail address or otherwise disguising the source of any content that you submit within a Rebel Box LLC Offering, or using tools which anonymize your internet protocol address.
Interfering or circumventing any Rebel Box LLC Offering security feature or any feature that restricts or enforces limitations on use of or access to a Rebel Box LLC Offering.
Attempting to sell any part of a Rebel Box LLC Offering, including, without limitation, any virtual currency (if applicable), Rebel Box LLC accounts and access to them in exchange for real currency or items of monetary or other value.
Engaging in cheating or any other activity that Rebel Box LLC deems to be in conflict with the spirit of a Rebel Box LLC Offering.
You acknowledge and agree that your communications with other users via online messaging, forums or bulletin boards, or any other similar types of communication on or through any Rebel Box LLC Offering, are public and not private communications, and you have no expectation of privacy concerning your use of or participation in any Rebel Box LLC Offerings (other than with respect to the information you provide to us in establishing your Rebel Box LLC account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Rebel Box LLC Offering may be seen and used by others and may result in unsolicited communications. Rebel Box LLC is not liable for any information that you choose to communicate to other users on or through any Rebel Box LLC Offerings, or for the actions of any other users of any Rebel Box LLC Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Rebel Box LLC Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Rebel Box LLC and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Rebel Box LLC permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Rebel Box LLC Offering, you expressly grant Rebel Box LLC the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind.
You may not use any portion of the Rebel Box LLC Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Rebel Box LLC Offerings, or otherwise exploit your participation on or through any Rebel Box LLC Offerings for any commercial purpose.
We may require that you download software from Rebel Box LLC or its licensors onto your computer ("Rebel Box LLC Software"). Rebel Box LLC grants to you a non-exclusive, non-transferable, revocable, limited license to use the Rebel Box LLC Software to participate in the Rebel Box LLC Offerings. The Rebel Box LLC Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Rebel Box LLC Software.
NEITHER Rebel Box LLC NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY Rebel Box LLC SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE Rebel Box LLC SOFTWARE, RESIDES WITH YOU.
If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all Rebel Box LLC Offerings, including any and all Rebel Box LLC accounts you have established. You acknowledge that we are not required to notify you prior to terminating any such account.
Rebel Box LLC and you each have the right to terminate or cancel any of your Rebel Box LLC account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Rebel Box LLC account(s) and/or ceasing use of any and all Rebel Box LLC Offerings is your sole right and remedy with respect to any dispute with Rebel Box LLC. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Rebel Box LLC, including, without limitation, the Privacy Policy, or Rebel Box LLC' enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through the Rebel Box LLC Offerings, or any change in or to such content, (c) your ability to access and/or use any Rebel Box LLC Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Rebel Box LLC on or through any Rebel Box LLC Offering.
Rebel Box LLC reserves the right to collect fees, surcharges or costs incurred before you cancel your Rebel Box LLC account(s) or a particular subscription. In the event that your Rebel Box LLC account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Rebel Box LLC may allow you to create any new or additional accounts. All virtual currency and virtual items are unconditionally forfeited if your Social Game account is terminated or suspended for any reason, in Rebel Box LLC' sole discretion, or if Rebel Box LLC discontinues any Social Game.
Without limiting the foregoing provisions, if you violate these Terms of Use, Rebel Box LLC may issue you a warning regarding the violation, or, in Rebel Box LLC's sole discretion, immediately terminate any and all Rebel Box LLC accounts that you have established with any Rebel Box LLC Offering, with or without notice.
The names and logos, and other graphics, logos, icons, and service names associated with the Rebel Box LLC Offerings are trademarks, registered trademarks or trade dress of Rebel Box LLC or its licensors in the United States and/or other countries. Rebel Box LLC' trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Rebel Box LLC, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Rebel Box LLC. The compilation of all content on the Rebel Box LLC Offerings is the exclusive property of Rebel Box LLC and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Rebel Box LLC Offerings unless we have expressly authorized you to do so in writing. You may not use any of Rebel Box LLC' trademarks or trade dress in connection with any product or service that is not owned or operated by or on behalf of Rebel Box LLC, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Rebel Box LLC. All other trademarks not owned by Rebel Box LLC that appear on the Rebel Box LLC Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Rebel Box LLC. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Rebel Box LLC Offerings, you agree to indemnify and hold harmless Rebel Box LLC and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.
YOU EXPRESSLY AGREE THAT THE USE OF ANY Rebel Box LLC OFFERING, Rebel Box LLC SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL Rebel Box LLC OFFERINGS AND Rebel Box LLC SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Rebel Box LLC DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE Rebel Box LLC OFFERINGS OR Rebel Box LLC SOFTWARE AT TIMES OR LOCATIONS, OR THAT THE Rebel Box LLC OFFERINGS, Rebel Box LLC SOFTWARE, NEWSLETTERS OR E-MAILS SENT FROM Rebel Box LLC ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Rebel Box LLC IS TO STOP USING THE Rebel Box LLC OFFERINGS AND Rebel Box LLC SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR Rebel Box LLC ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT Rebel Box LLC IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A Rebel Box LLC OFFERING BY, ANY Rebel Box LLC OFFERING USER. IN NO EVENT SHALL Rebel Box LLC OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Rebel Box LLC FOR YOUR PARTICIPATION IN ANY Rebel Box LLC OFFERING. IN NO CASE SHALL Rebel Box LLC OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY Rebel Box LLC OFFERING OR Rebel Box LLC SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Rebel Box LLC' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT Rebel Box LLC IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Rebel Box LLC LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF Rebel Box LLC OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING Rebel Box LLC OFFERINGS AND Rebel Box LLC SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Rebel Box LLC and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Rebel Box LLC Offering. Without limiting your indemnification obligations described herein, Rebel Box LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Rebel Box LLC relating to this subject matter, and cannot be changed or terminated orally.
Rebel Box LLC respects the privacy of Rebel Box LLC Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Rebel Box LLC Offerings, to understand our policies and practices with respect your personal information.
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Washington, USA, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with Rebel Box LLC based upon or in any manner related to any access or use by you of any Rebel Box LLC Offering, shall be in the state and federal courts located in King County, Washington, USA.
You and Rebel Box LLC agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Rebel Box LLC Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.
Rebel Box LLC
customer_server@rebelbox.com
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Rebel Box LLC Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Rebel Box LLC' Designated Agent listed below. For your notice to be effective, it must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the Rebel Box LLC Offering;
(iv) Information reasonably sufficient to permit Rebel Box LLC to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) 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; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vii) Rebel Box LLC' Designated Agent is:
Rebel Box LLC, Inc.
Attn: Legal Department, Intellectual Property Agent
333 Elliott Avenue West, Suite 200
Seattle, Washington 98119 USA