RockYou! Virtual Goods Store — Terms of Use
These Terms
of Use were last revised on November 5,
2009. Recent updates to them can be found here.
- Acceptance of Terms
RockYou,
Inc. (the “Company” or “us” or “we”)
welcomes you to rockyou.com and related sub-domains and the
services provided on these sites (collectively, the "Service").
Among other things, the Service allows you to purchase and manage
virtual currency (“Virtual Currency”) which may be used
to purchase and gift virtual goods, characters, graphics, icons and
other digital goods and content (“Virtual Goods”) for use
on www.myspace.com
and related sub-domains. By using or accessing any part of the
Service, you are agreeing to these Terms of Use, our Privacy Policy
and all other policies whether or not you are a registered user of
our Service. The Service is run exclusively by
the Company and it is not affiliated with MySpace, Inc.
If you do
not agree to these Terms of Use, do not use the Service. We can
change these Terms of Use at any time without any notice to you. If
we do this, we will post the amended Terms of Use on this page and
indicate at the top of the page the date they were last revised. It
is your responsibility to review these Terms of Use from time to time
for any changes as it creates a binding legal agreement between you
and the Company. If you use the Service after we have changed any of
the Terms of Use, you are agreeing to all of the changes. These Terms
of Use apply to all visitors, users, and others who access the
Service (“Users” or “you”).
- Permission to Use the Service
This
Service is intended solely for Users who are thirteen (13) years of
age or older, and any registration, use or access to the Service by
anyone under 13 is strictly prohibited and in violation of these
Terms of Use. If you are under 18 years of age, you may use the
Service only if you either are an emancipated minor or possess legal
parental or guardian consent, and are fully able and competent to
enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and
to abide by and comply with these Terms of Use. The Service is not
available to any Users previously removed from the Service by
Company.
- Accounts; Passwords; Security
You will
need to set up an account in order to use some of the features of the
Service. You may not use a third party's account without permission.
When you are setting up your account, you must give us accurate and
complete information. This means that you cannot set up an account
using a name or contact information that does not apply to you, and
you must provide accurate and current information on all registration
forms that are part of the Service. You have complete responsibility
for your account and everything that happens on your account. This
means you need to be careful with your password. If you find out that
someone is using your account without your permission, you must let
us know immediately. You may not transfer your account to someone
else. We are not liable for any damages or losses caused by someone
using your account without your permission. However, if we (or anyone
else) suffer any damage due to the unauthorized use of your account,
you may be liable.
- Personal Use Only; Prohibited Activities
We are
making the Service available to you for your information and personal
use only. You agree not to engage in any of the following prohibited
activities: (i) copying, distributing, or disclosing any part of the
Service in any medium, including without limitation by any automated
or non-automated “scraping”; (ii) using any automated
system, including without limitation “robots,” “spiders,”
“offline readers,” etc., to access the Service in a
manner that sends more request messages to the Company servers than a
human can reasonably produce in the same period of time by using a
conventional on-line web browser; (iii) transmitting spam, chain
letters, or other unsolicited email; (iv) attempting to interfere
with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (v) taking
any action that imposes, or may impose at our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents
through the Service; (vii) collecting or harvesting any personally
identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or
attempting to hide your identity; (x) interfering with the proper
working of the Service; (xi) accessing any content on the Service
through any technology or means other than those provided or
authorized by the Service; or (xii) bypassing the measures we may use
to prevent or restrict access to the Service, including without
limitation features that prevent or restrict use or copying of any
content or enforce limitations on use of the Service or the content
therein.
The
Company may permanently or temporarily terminate, suspend, or
otherwise refuse to permit your access to the Service without notice
and liability for any reason, including if in the Company's sole
determination you violate any provision of this Agreement, or for no
reason. Upon termination for any reason or no reason, you continue
to be bound by this Agreement.
- Proprietary Rights
The Company
and its suppliers retain all right, title and interest (including all
copyright, trade secret, patent and other intellectual property
rights) in and to the Service. If you give feedback on the Service,
for example recommendations for improvements or features, such
feedback will be deemed non-confidential and non-proprietary, and
implementation of that feedback is owned by us and may become part of
the Service without compensation to you. We reserve all rights in and
to the Service unless we expressly state otherwise. The Service
contains proprietary and confidential information that is protected
by applicable intellectual property and other laws.
You may not
decompile, reverse engineer, disassemble, or otherwise reduce the
Service to a human-perceivable form, except and only to the extent
that such activity is expressly permitted by applicable law, and in
that case, only if you notify us in writing in advance. You may not
copy, frameset, enclose or otherwise distribute any part of the
Service.
All brand,
product and service names used in the Service which identify the
Company or our suppliers and/or their proprietary products and
services are the trademarks or service marks of the Company or our
suppliers. Nothing in the Service shall be deemed to confer on any
person any license or right on the part of Company or such supplier
with respect to any such image, logo or name.
You agree
not to disable, interfere, or try to get around any of the features
of the Service related to security, or enforcing the limits on the
use of the Service.
- Privacy
We
care about the privacy of our Users. Click here to view our Privacy
Policy. By using the Service, you are consenting to have your
personal data collected, used, transferred to and processed in the
United States.
- Security
We
have implemented commercially reasonable technical and organizational
measures designed to secure your personal information from accidental
loss and from unauthorized access, use, alteration or disclosure.
However, we cannot guarantee that unauthorized third parties will
never be able to defeat those measures or use your personal
information for improper purposes. You acknowledge that you provide
your personal information at your own risk.
- Limitation on Rights to Virtual Currency, Virtual Goods and Data
You
understand and agree that regardless of terminology used, Virtual
Currency and Virtual Goods represent a limited license right governed
solely by the terms of the Terms of Use and available for
distribution at Company's sole discretion. Thus, as used with
respect to the Service, to “buy” or “purchase”
means “to receive from another person the licensed right to use
Virtual Currency or Virtual Goods in accordance with these Terms of
Use and other applicable requirements.” You acknowledge that
you do not possess any rights of access or rights to data stored by
or on behalf of Company on Company servers,
including without limitation any data representing or embodying any
or all of your Virtual Currency or Virtual Goods. You agree that
Company has the absolute right to manage, regulate, control, modify
and/or eliminate Virtual Goods as it sees fit in its sole discretion,
in any general or specific case, and that Company will have no
liability to you based on its exercise of such right.
All
data on Company's servers are subject to deletion, alteration or
transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU
OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT
HISTORY AND ACCOUNT CONTENT RESIDING ON COMPANY'S SERVERS, MAY BE
DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN
COMPANY'S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO
LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE OR GUARANTEE, AND
EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY
DATA RESIDING ON COMPANY'S SERVERS.
- Purchase of Virtual Goods
All
purchases of Virtual Currency which may then be used to purchase
Virtual Goods require a valid credit card (MasterCard® or Visa®),
PayPal® account, or other payment method that the Company may, in
its sole discretion, elect to accept in the future. Acceptable
payment methods will be listed as part of the Service and may be
updated from time-to-time.
For
purchases of Virtual Currency using the Service, you authorize the
Company, or its designated third-party payment processor, to charge
the credit card, PayPal account, or other accepted payment method you
designate during the registration process in the amount specified in
connection with the transaction. If you desire to designate a
different form of payment, or if there is a change in your payment
information, you must update your Company user account to reflect
such change. You may experience temporary disruption of your access
to the Service while the Company is verifying new payment
information. If you transmit to the Company a purchase request, you
warrant that your use of the particular credit card, PayPal account,
or other accepted payment method is authorized and that all
information that you submit to the Company, or its designated
third-party payment processor, is true and accurate (including,
without limitation, your credit card number, expiration date, and
other account information), and you agree to pay all fees you incur.
Virtual
Goods and Virtual Currency are not redeemable for any sum of money or
monetary value from Company at any time. There are no refunds or
cancellations of payments made to the Company, except as otherwise
required by law. The Company reserves the right to refuse or cancel
any purchases or attempted purchases at any time in its sole
discretion. EXCEPT AS OTHERWISE STATED IN THESE TERMS OF SERVICE OR
REQUIRED BY APPLICABLE LAW, ALL PURCHASES ARE FINAL. Unless
otherwise stated, all fees are quoted and must be paid in U.S.
Dollars.
Virtual
Currency expires two years after it has been purchased.
You
are responsible for paying all fees and any applicable taxes
associated with your purchases in a timely manner. Purchases may be
subject to applicable sales tax. Sales tax applicability will be
determined by the residence of the buyer. The Company will not be
responsible for any sales, use, income or other taxes associated with
your acquisition, purchase, sale, or possession of Virtual Currendy
or Virtual Goods.
In
addition to the foregoing, the following age restrictions apply to
the purchase of Virtual Goods:
1.
You may not purchase and send a Virtual Good to anyone under the age
of 18 if you are not a MySpace friend with that person;
2.
Users under the age of 21 are prohibited from purchasing and/or
sending any alcohol or tobacco related Virtual Goods
- Notify Us of Infringers
If you
believe that something on our Service violates your copyright, notify
our copyright agent in writing. The contact information for our
copyright agent is at the bottom of this section.
In order for us to take
action, you must do the following in your notice:
1. provide
your physical or electronic signature;
2. identify
the copyrighted work that you believe is being infringed;
3. identify
the item on our Service that you think is infringing your work and
include sufficient information about where the material is located on
our Service (including which website) so that we can find it;
4. provide
us with a way to contact you, such as your address, telephone number,
or e-mail;
5. provide
a statement that you believe in good faith that the item you have
identified as infringing is not authorized by the copyright owner,
its agent, or the law to be used on our Service; and
6. provide
a statement that the information you provide in your notice is
accurate, and that (under penalty of perjury), you are authorized to
act on behalf of the copyright owner whose work is being infringed.
Here is the contact
information for our copyright agent:
Copyright Enforcement
RockYou, Inc.
585 Broadway Street, Suite A
Redwood City, CA 94063
E-Mail: copyright@rockyou.com
Again, we cannot take
action unless you give us all the required information.
UNDER
FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY
AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS’ FEES.
Please
note that this procedure is exclusively for notifying Company and its
affiliates that your copyrighted material has been infringed. The
preceding requirements are intended to comply with Company's rights
and obligations under the DMCA, including 17 U.S.C. §512(c), but
do not constitute legal advice. It may be advisable to contact an
attorney regarding your rights and obligations under the DMCA and
other applicable laws.
In
accordance with the DMCA and other applicable law, Company has
adopted a policy of terminating, in appropriate circumstances and at
Company's sole discretion, members who are deemed to be repeat
infringers. Company may also at its sole discretion limit access to
the Service and/or terminate the accounts of any Users who infringe
any intellectual property rights of others, whether or not there is
any repeat infringement.
- How to Communicate with Us
Only notices
about copyright infringement should go to our copyright enforcement
department. If you have anything else to communicate with us (like
feedback, comments, requests for technical support), you should
contact us through our customer service department at
support@rockyou.com.
- Availability
You
acknowledge that temporary interruptions in the availability of the
Service may occur from time to time as normal events. Also, we may
decide to cease making available the Service or any portion of the
Service at any time and for any reason. Under no circumstances will
Company or its suppliers be held liable for any damages due to such
interruptions or lack of availability.
- Links to Other Sites
Our Service
may contain links to other websites that we do not own or control. We
are not responsible for any of these other websites and any links to
these other websites should not be interpreted as an endorsement of
any company, content or products. You will not hold us responsible
for any aspect of these other websites, including their content,
privacy policies, or anything else. You may be exposed to things on
other websites that you do not like or that you find offensive. We
are not responsible for this, either. You must use your own
discretion when you go to other websites. You should also read the
terms and conditions and privacy policies of these other websites.
- Warranty Disclaimer
USE
OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS
AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE
COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY
THAT (i) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS
IN THE SERVICE OR THAT COMPANY WILL FIX ANY ERRORS. ANY MATERIALS
OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN
DISCRETION AND RISK AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES,
TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE
SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS,
WHICH VARY FROM STATE TO STATE.
- Limitation of Liability
TO
THE FULLEST EXTENT PERMITTED UNDER LAW, THE COMPANY AND ITS
AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY
(WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES
(INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT)
ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY CONTENT
PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION
APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR
SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR
SERVICE; (iii) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE
SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY
AND THE LIABILITY OF EACH OF ITS OFFICERS, MANAGERS, INVESTORS,
EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE
PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY
CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
The
Service is controlled and operated from its facilities in the United
States. Company makes no representations that the Service is
appropriate or available for use in other locations. Those who access
or use the Service from other jurisdictions do so at their own
volition and are entirely responsible for compliance with all
applicable United States and local laws and regulations, including
but not limited to export and import regulations. You may not use
the Service if you are a resident of a country embargoed by the
United States, or are a foreign person or entity blocked or denied by
the United States government. Unless otherwise explicitly stated,
all materials found on the Service are solely directed to
individuals, companies, or other entities located in the United
States.
- Indemnity
You agree to
indemnify and hold harmless the Company and its affiliates,
suppliers, partners, officers, agents, and employees from and against
any claim, demand, losses, damages or expenses (including reasonable
attorney's fees) arising from your use of the Service, your
connection to the Service, your violation of these Terms of Use or
your violation of any rights of any third-party. Your indemnification
obligation will survive the termination of these Terms of Use and
your use of the Service.
- Termination and Suspension
We may
terminate or suspend the Service or any part of the Service,
terminate or suspend your use of the Service, or block any IP address
at any time without cause without any liability to you.
Further, we
may terminate or suspend your permission to use the Service
immediately and without notice upon any violation of these Terms of
Use, your failure to pay any fees when due, upon the request of law
enforcement or government agencies, for extended periods of
inactivity, for unexpected technical issues or problems or for
engagement by you in fraudulent or illegal activities. If we
terminate your use of the Service for any of these reasons or
otherwise for cause, we will not refund any fees you may have paid,
whether for access to the Service or for Products (if applicable).
Upon any
termination we may delete your account and passwords, and we may bar
you from further use of the Service. You agree that we will have no
liability to you or any third party for termination of your account
or access to the Service.
- General Terms
These Terms
of Use are governed by laws of the state of California, without
respect to its conflict of laws principles. The sole jurisdiction and
venue for any claim arising from the Service and these Terms of Use
shall be the court of competent jurisdiction located in San Mateo
County, California and each party hereby consents to the exclusive
jurisdiction and venue of such courts. These Terms of Use, together
with our Privacy Policy and any other legal notices we have published
on the Service, constitute the entire agreement between you and us
regarding this Service. If a court having proper authority decides
that any portion of these Terms of Use is invalid, only the part that
is invalid will not apply. The rest of these Terms of Use will still
be in effect. If we waive any of our rights under these Terms of Use
in any particular instance, it does not mean that we are waiving our
rights generally or in the future. Furthermore, just because we may
not enforce all our rights all of the time, it does not mean that we
are waiving our rights. We may decide to enforce them at a later
date. These Terms of Use, and any rights and licenses granted under
these Terms of Use, may not be transferred or assigned by you, but
may be assigned by us without restriction.
YOU AGREE THAT IF YOU
WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE
EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE
PERMANENTLY BARRED.