Last updated: May 1, 2012
TABLE OF CONTENTS
1.2. Address Of RocketFrog
1.5. Grant Of A Limited License To Use The Services
1.6. Accessing The Services
1.7. Age Requirements
1.8. Updates To Agreement
2.1. Information RocketFrog Collects
2.2. How RocketFrog Collects Information About You
2.3. How RocketFrog Uses The Information Collected
2.4. Sharing Your Information
2.5. Policy Concerning Children
2.6. How To Access And Update Your Information
2.7. Your Sharing And Messaging Options
2.8. Global Data Transfer, Storage And Processing
2.9. Privacy Policies Of Linked Sites And Third-Party Advertisers
2.10. Security Of Your Information
2.11. Your California Privacy Rights
2.12. Right To Access
3. USING THE SERVICES
3.1. Connection Equipment, Internet Fees And Provider Rules
3.2. Prohibited Conduct
3.3. Account Information
3.4. Login Information
3.5. Revocation, Suspension And Termination Of Account And Services
4.3. Virtual Items
4.4. User Content
5. USER CONTENT
5.1. Content Screening
5.2. Information Use By Other Members Of The Services
5.2.1. Public Discourse And Unsolicited Ideas
5.2.2. Responsible For Your Own Content
5.3. User Interactions
5.3.1. Member Disputes
6. FEES AND PURCHASE TERMS
6.2. Payment Of Fees
7. THIRD-PARTY ADVERTISING, PROMOTIONS, AND PRIZES
7.1. Third-Party Advertisements
7.2. Links to Third-Party Sites and Dealings With Advertisers
7.3. Promotions And Prizes
8. COPYRIGHT NOTICES
9. UPDATES TO THE SERVICES
10. WARRANTY AND LIMITATIONS OF LIABILITY
10.1. Disclaimer Of
10.2. Limitations Of Liability
11. DISPUTE RESOLUTION
13. GENERAL PROVISIONS
13.2. Supplemental Policies
13.3. Entire Agreement
13.4. Language Of The Terms Of Services
13.5. No Waiver
13.7. Equitable Remedies
13.8. Force Majeure
a. This Terms of Services Agreement shall be referred to as the “Agreement.” It governs the relationship between you and RocketFrog Interactive LLC. It shall be referred to as “RocketFrog”;
b. This Agreement controls your use of RocketFrog’s games, game client, server software, web technologies, and related services. These services include RocketFrog’s branded websites. All of those services shall be called the “Services;” and
d. The Services may allow you from time to time to participate for free in a Promotion. A Promotion in this document is defined to mean tournaments you can play for free to win prizes from third-party advertisers and/or RocketFrog. Please see Section 7.3, entitled “Promotions And Prizes.”
RocketFrog is located at 8721 Santa Monica Blvd #112, West Hollywood, California, 90069.
By creating your Account or accessing or using the Services, you agree to be bound by the Agreement.
b. It is called a limited license;
c. It is a non-exclusive, non-transferable, revocable limited license;
d. It is subject to the limitations in this Agreement that apply to accessing and using the Services with a RocketFrog supported web browser (such as Google Chrome or Microsoft Internet Explorer) or mobile device for your own non-commercial, entertainment purposes;
e. You agree not to use the Services for any other purpose;
f. You understand that, while at times you may “earn” "buy" or "purchase:"
(i) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; or
(ii) virtual in-game items (together with virtual currency, "Virtual Items"), these real-world terms are only being used as shorthand;
g. You do not in fact "own" the Virtual Items. Please see Section 4, entitled “OWNERSHIP.” The amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Services, including software programs that occasionally manifest themselves as these items; and
h. The purchase and sale of the limited license referred to in this Agreement is a completed transaction upon receipt of your direct payment or redemption of a third-party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead is a measurement of the scope of your limited license.
a. By accessing or using the Services you agree to this Agreement;
b. By accessing or using the Services, you will be creating an Account with RocketFrog. You may also be required to register your Account with RocketFrog; and
c. You must also have a valid account on the Social Networking Site through which you connect to the Services, if any, or have an account with the applications provider for your mobile device.
a. You represent and warrant that you are not prohibited from receiving products originating in the United States of America, including Services or software;
b. You agree that no person under the age of 13 is permitted to access or use the Services. You further agree not to assist any such person;
c. You represent and warrant that you are 13 or older;
d. If you are between the ages of 13 and 17, you warrant and represent that your legal guardian has reviewed and agreed to this Agreement, including the age requirements;
e. To participate in any Promotion, you must be a legal resident of the 50 United States or District of Columbia (excluding Michigan, Mississippi, Montana, Oklahoma, South Dakota) or Canada (excluding Quebec), 18 years of age or older, and physically present in the United States or Canada (excluding MI, MS, MT, OK, SD or Quebec). All federal, state, provincial, and local laws and regulations apply. Void in Michigan, Mississippi, Montana, Oklahoma, South Dakota, Quebec and where restricted or prohibited by law. Please see Section 7.3, entitled “Promotions and Prizes” for more information; and
f. You shall be responsible for any use of your credit card or other payment instrument (e.g., PayPal and Facebook Credits) by minors.
If RocketFrog decides to make material changes to the Agreement, it shall notify you in the manner described in Section 13. You should periodically check the RocketFrog website and this Agreement for updates.
a. Information About You Received From A Social Networking Site:
When you use the Services at a Social Networking Site such as Facebook, where the Services may also be referred to as “applications”, you allow RocketFrog to access certain information from your profile for that site. RocketFrog may access and store some or all of the following information, as allowed by you, the Social Networking Site and your preferences:
(i) your first and last name;
(ii) your profile picture or its URL;
(iii) your user ID number, which is linked to publicly available information such as name and profile photo;
(iv) the user ID numbers for your friends that are also connected to the RocketFrog Services;
(v) the login e-mail you provided to that Social Networking Site when you registered;
(vi) your profile information;
(vii) information people share with you;
(viii) your physical location;
(ix) your gender; and
(x) your birthday.
b. Age and Location Verification:
RocketFrog may require you to verify your age and location for prize eligibility purposes.
c. Prize Fulfillment Information:
RocketFrog may require additional information to complete the fulfillment and delivery of your prize:
(i) your first and last name;
(ii) your e-mail address;
(iii) your postal address;
(iv) any applicable state and federal tax information; and
(v) other information that helps RocketFrog confirm that it is you accessing your Account.
Your first and last names and profile picture are considered "public" on the Services and search engines may index this publicly available information.
d. Payment Information:
If you purchase a license to use in-game virtual currency or virtual items, either directly from RocketFrog or when your purchase is processed by another party such as Facebook, for Facebook Credits, RocketFrog may receive the billing and payment information that you provide, which may include your postal and e-mail address. RocketFrog Terms of Services explain our policies and terms relevant to our charges and billing practices.
Please note that purchases of third party credits or currencies like Facebook Credits may also be subject to additional policies.
e. Customer Support:
When you ask for assistance from our Customer Support team, RocketFrog shall collect and store the contact information you provide, generally your name and e-mail address, information about your game play or activity on the Services, and your user ID number. RocketFrog shall also store the correspondence and any information contained within.
f. Technical and Usage Information:
When you access the Services, RocketFrog collects certain technical information about your computer system, including IP Address, and usage statistics about your interactions with the Services.
RocketFrog may collect information about you in any one or more of the following ways:
a. Information about Players and Play:
When you play on the Services, RocketFrog collects and stores certain information that you provide directly or through the Social Networking Site. To provide a richer game play and social experience, RocketFrog also collect information about your play and interaction with other players and the Services. The bulk of this information is collected through the use of log files, which are files on our web servers that record actions taken on our games and websites, and stored in databases.
b. Communications Features:
You may be able to take part in certain activities on the Services that give you the opportunity to communicate or share information not just with RocketFrog, but also with other users of the Services. These include:
(i) participating in player forums and message boards;
(ii) posting public comments to other users' profiles or games;
(iii) sending private messages, gifts or invitations to other users;
(v) chat with other users;
(vi) game play statistics;
(vii) liking a third-party advertiser;
(viii) winning a prize; and
(ix) posting photos.
RocketFrog may record and store archives of these communications on RocketFrog’s servers to protect the safety and well being of our users and RocketFrog’s rights and property in connection with the Services.
c. Cookies and Automated Information Collection:
When you access the Services, RocketFrog collects certain technical information in order to:
(i) analyze the usage of our sites and services;
(ii) provide a more personalized experience; and
(iii) manage advertising.
RocketFrog and service providers acting on our behalf, such as Google Analytics, use log files and tracking technologies to collect and analyze certain types of technical information, including cookies, web beacons, tracking pixels, local shared objects also known as flash cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, game state and the date and time of activity on our websites or games, and other similar information. In some cases, RocketFrog shall associate this information with your user ID number for our internal use.
d. Other Sources:
RocketFrog may collect or receive information from other sources including trusted third party information providers. This information shall be used to supplement your profile primarily to help you and your friends connect. It shall be combined with other information RocketFrog collects.
In general, RocketFrog collects, record, store and use your information to provide you with a safe, smooth, efficient, and customized experience. RocketFrog may use information collected from you in any one or more of the following ways:
a. to create your Account and allow play of RocketFrog’s games. This Account will be your central hub of information and contain such things as achievement badges earned, balance of play chips, game activity and statistics, prizes won, profile information, virtual good purchases, and any other information relevant to using the Services;
b. to identify and suggest connections with other RocketFrog users;
c. to enable user-to-user communications;
d. to provide technical support and respond to user inquiries;
e. to prevent fraud or potentially illegal activities, and enforce our Terms of Services;
f. to deliver and target advertising;
g. to notify users of in-game updates;
h. to provide in-game leader boards and promote in-game player achievements;
i. to promote prize winners;
j. to inform you of winning a prize by contacting you within the Services or via email;
k. to provide statistics between you and other players;
l. to solicit input and feedback to improve the Services and customize your user experience;
m. to inform you of a prize that has been sent by another user by contacting you within the Services or via email; and
n. to inform users about new products or promotional offers.
One important use of your information is communication. If you have provided your e-mail address to us, RocketFrog shall use it to respond to customer support inquiries and keep you informed of your in-game activity, including comments from friends, notifications about in-game status as well as notifications of gift and requests.
Some messages, such as invites for friends to join, may include your name and profile photo. RocketFrog may also send promotional e-mail messages and promotional Social Networking Site messages directly or in partnership with parties other than RocketFrog. Each of these communications shall generally offer recipients choices about receiving additional messages.
RocketFrog shall share your information, and in some cases personal information, with third parties, that is parties other than RocketFrog, in the following circumstances:
a. Third-Party Service Providers:
RocketFrog shall provide your information to third-party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service, prize fulfillment and to assist in RocketFrog marketing efforts. RocketFrog direct all such third-party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on RocketFrog's behalf.
b. Friends and Other RocketFrog Players:
The Services support and may encourage interaction among players. In the Services, your Social Networking Site friends shall see your name, profile photo and descriptions of your game activity. Friends and other players shall be able to see your game profile, which may include your name and your profile photo, which in certain cases can reveal your Social Networking Site User ID number. For example, any other player may encounter your game profile, if you are playing at the same table. Access to your Social Networking Site User ID may allow others to view the public information associated with your related Social Networking Site. Other players may also be able to send you game requests or even friend requests through the related Social Networking Site’s communication channels.
cc. Advertising of Third-Party Products and Services:
RocketFrog does not actively share personal information with third-party advertisers for their direct marketing purposes, unless you give RocketFrog your consent.
RocketFrog may share:
(i) aggregated information which includes information about you and other users collectively, but not specifically identifiable to you;
(ii) anonymous information;
(iii) certain technical information, including IP Addresses, to develop and deliver targeted advertising in the Services and on the websites of third parties; and
(iv) Promotion prize winner’s information to fulfill a prize.
RocketFrog may also allow advertisers to collect these types of information within the Services and they may share it with RocketFrog. Advertisers may collect this information through the use of tracking technologies like browser cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see shall appeal to you, a practice known as behavioral advertising, and to undertake web analytics to analyze traffic and other end user activity to improve your experience.
d. Offer Walls:
RocketFrog purchase pages may display an "offer wall" that is hosted by an offer wall provider. The offer wall allows third-party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These are not offers made by RocketFrog. These offers may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you shall no longer be on a site hosted by RocketFrog or a partnering Social Networking Site. To properly credit your Account and to prevent fraud, a unique identifier, in some cases your user ID number, shall be shared with the offer wall provider.
e. Safety, Security and Compliance with Law:
Your information, and the contents of all of your online communications including without limitation chat text, voice communications, IP addresses and your personal information, may be accessed and monitored as necessary to provide the Services and may be disclosed:
(i) when RocketFrog has a good faith belief that RocketFrog is required to disclose the information in response to legal process. For example, a court order, search warrant or subpoena; (ii) to satisfy any applicable laws or regulations;
(iii) where RocketFrog believe that the Services is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; /p>
(iv) when RocketFrog has a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and
(v) in order to protect the rights or property of RocketFrog, including to enforce our Terms of Services.
f. Sale or Merger of the Business:
In the event that RocketFrog undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, RocketFrog may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to this privacy practices shall occur as a result of the business transition, RocketFrog shall notify you and other users, in the manner described in Sections 13.1 and 13.6, of the business transition prior to transferring your personal information.
g. Promotion Prize Winners:
In the event RocketFrog receives a request to provide the names of the prize winners of a particular Promotion in order verify that prizes were awarded, RocketFrog will send a list of prize winners.
RocketFrog does not knowingly collect any personal information from such children. Children under the age of 13 should not use the Services at any time. In the event that RocketFrog learns that RocketFrog has inadvertently gathered personal information from children under the age of 13, RocketFrog shall take reasonable measures to promptly erase such information from its records.
a. Information RocketFrog Receives From A Social Networking Site Where You Play The Services:
To manage the information RocketFrog receives about you from a Social Networking Site when on the Services, you shall need to follow the instructions at that site for updating your information and changing your privacy settings. The privacy management tools for applications on Facebook can be found in your privacy settings within the Social Networking Site. More information can be found here: http://www.facebook.com/settings/?tab=privacy
b. Other Methods of Accessing And Controlling Your Information:
If you no longer want RocketFrog to make active use of your information, you may send an e-mail to firstname.lastname@example.org. Place "DELETE MY ACCOUNT" in the subject line and include your first name, last name, e-mail address and user ID number for the Social Networking Site from which you access the Services in the body of the e-mail. RocketFrog shall respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer support matters, shall be retained for legal and accounting purposes.
If you have sent or posted content on the Services, RocketFrog may not be able to delete it. If you wish to review or change the information RocketFrog has about you, e-mail RocketFrog at the address provided herein.
a. Information RocketFrog Receives from Third-Party Social Networking Site
Where You Access The Services: If access the Services from a third-party Social Networking Site, RocketFrog shall be able to access and store profile and other information about you as described above. The categories of information you share with RocketFrog shall depend, in part, on the permissions you grant RocketFrog and the privacy settings you have established at the Social Networking Site where you access the application. RocketFrog does not offer an "opt out" option for specific fields that are shared by the Social Networking Site where you access the Services.
b. Opting Out Of Promotional Communications
You can choose to opt out of receiving additional promotional e-mails from RocketFrog by clicking on the "unsubscribe" link in any such e-mail, or visiting the e-mail preference page. Please note that, once RocketFrog receives your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe or e-mail preference change shall be processed promptly, and in no event longer than 10 business days. Note that, if you opt-out of our promotional communications, RocketFrog may still e-mail or communicate with you from time-to-time, if RocketFrog needs to provide you with information or if RocketFrog needs to request information from you regarding a transaction initiated by you or for other commercially, non-marketing reasons such as fulfilling a prize.
Additionally, when using or disclosing personal information transferred from the European Union, RocketFrog abides by the Safe Harbor Principles as set forth by the U.S. Department of Commerce, uses standard contract clauses approved by the European Commission, adopts other means under European Union law for ensuring adequate safeguards, or obtain your consent.
The Services may contain advertisements from companies other than RocketFrog that may link to their own websites. RocketFrog is not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
RocketFrog implements reasonable security measures to protect the security of your information both online and offline, and are committed to the protection of customer information.
While RocketFrog takes reasonable precautions against possible security breaches of the Services, no website or Internet transmission is completely secure, and RocketFrog cannot guarantee that unauthorized access, hacking, data loss, or other breaches shall never occur. Also, the transmission of information over the Internet is not completely secure. RocketFrog cannot guarantee the security of your data while it is being transmitted to the Services; any transmission is at your own risk. Once RocketFrog has received your information, RocketFrog has procedures and security features in place to try to prevent unauthorized access.
RocketFrog urges you to take steps to keep your personal information safe, including your Account password, and to log out of your Account after use. If your Social Networking Site account is hacked, this may lead to unauthorized play of the Services, so be careful to keep your account information secure.
RocketFrog does not share personal information with third parties for their direct marketing purposes, unless you affirmatively agree to such disclosure, typically by "opting in" to receive information from a third party that is participating in a Promotion in the Services. If you do ask RocketFrog to share your personal information with a third party for its marketing purposes, RocketFrog shall only share information connected to that specific Promotion, as RocketFrog does not share information with any third party, other than our service providers, on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information on RocketFrog’s sites.
Users in certain jurisdictions have a right to access personal information held about them. Your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to email@example.com.
a. You must provide all equipment and software necessary to connect to the Services;
b. That includes a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component;
c. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services; and
The following prohibitions apply to using the Services:
a. You shall not have more than one Account, per platform or Social Networking Site, at any given time; and
b. You shall not create an Account using a false identity or information, or on behalf of someone other than yourself;
c. You shall not create an Account or use the Services, if you are a convicted sex offender;
d. You shall not have an Account or use the Services, if you been banned from playing the Service;
e. You shall not use the Services if you are located in a country embargoed by the United States;
f. You shall not use your Account only for commercial purposes; g. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
h. You shall not use your Account to engage in any illegal conduct;
i. Use the Services connected with violating any applicable law or regulation, or doing anything that promotes the violation of any applicable law or regulation;
j. You may not bequeath, gift, rent, sell, sublicense, trade, or attempt to sell or otherwise transfer your Account or any Virtual Items for "real" money, or exchange Virtual Items for value of any kind, outside of the Services without RocketFrog’s written permission. Any such transfer or attempted transfer is prohibited and void, and shall subject your Account to termination.
k. You shall not access or use an Account or Virtual Items that have been bequeathed, gifted, rented, sold, sublicensed, traded, or otherwise transfer from the original Account creator without RocketFrog’s permission.
l. Using cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
m. Use the Services to design or assist in designing cheats, exploits, automation software, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Services;
n. Institute, assist or become involved in any type of attack, including distribution of a virus, attacks upon the Services that prevent access to or use of the Services, other attempts to disrupt the Services, gain unauthorized access to the Services, or disrupt any other person’s use or enjoyment of the Services;
o. Use the Services for performing services, such as power-leveling and item collection services, in exchange for payment outside the Services;
p. Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
q. Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Services or that is in transit from or to the Services, including, any software that reads areas of RAM or streams of network traffic used by the Services to store information about RocketFrog game characters, elements, or environment. RocketFrog may, at its sole discretion, allow the use of certain third-party user interfaces;
r. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether by using a network analyzer, packet sniffer or other device;
s. Upload or transmit (or attempt to upload or to transmit), without RocketFrog’s written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices. Those items are also referred to as "spyware," "passive collection mechanisms" or "pcms";
t. Make any automated use of the Services, or take any action that imposes or may impose, in RocketFrog’s sole discretion, an unreasonable or disproportionately large load on RocketFrog’s infrastructure;
u. Bypass any robot exclusion headers or other measures RocketFrog uses to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
v. Use, facilitate, create, or maintain any unauthorized connection to the Services, including:
(i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or
(ii) any connection using programs, tools, or software not approved in writing by RocketFrog;
w. Except where permitted by law or relevant open-source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not approved in writing by RocketFrog;
x. Post any information that is abusive, threatening, obscene, defamatory, libelous, or discriminatory based on age, ethnicity, race, religion or sex or that contains a link to such content;
y. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including RocketFrog employees and customer support representatives;
z. Solicit or attempt to solicit personal information from other users of the Services;
aa. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services;
bb. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including a RocketFrog employee;
cc. Copy, modify or distribute rights or content from the Services, prize information, prize codes or RocketFrog’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in this Agreement; and
dd. Without RocketFrog’s written consent, use the Services or any part thereof for any commercial purpose, including:
(i) communicating or facilitating any commercial advertisement or solicitation; or
(ii) gathering or transferring Virtual Items for sale.
a. When creating or updating an Account on the RocketFrog website, you may be required to provide RocketFrog with certain personal information That may include your name, birth date, e-mail address and, in some cases, payment information;
c. You agree that you shall supply accurate and complete information to RocketFrog, and that you shall update that information promptly, if it changes;
d. You agree, that on certain RocketFrog websites, your user ID number, name, game records, and profile picture shall be publicly available and that search engines may index your name and profile photo; and
e. By participating in the Services sponsored by RocketFrog on the Internet, you agree to allow RocketFrog to print, publish, broadcast and use, worldwide, in any media and at any time this information, including your name, picture, likeness, voice, and/or biographical information for promotional purposes without compensation.
The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account;
b. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify RocketFrog and modify your Login Information;
c. You shall be responsible for maintaining the confidentiality of the Login Information, and you shall be responsible for all uses of the Login Information, including purchases, whether or not authorized by you;
d. You shall be responsible for anything that happens through your Account; and
e. RocketFrog reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
a. Any use of the Services that violates this Agreement is strictly prohibited. It can result in the immediate revocation of your limited license granted by this Agreement;
b. Any attempt by you to disrupt or interfere with the Services, including undermining, cheating or manipulating the legitimate operation of any RocketFrog game is a violation of this Agreement;
c. In addition, it may be a violation of criminal and civil laws.
d. Without limiting any other remedies, RocketFrog may limit, suspend, terminate, modify, or delete your Account or access to the Services if you are, or RocketFrog suspects that you are, failing to comply with any of these terms of Services or for any actual or suspected illegal or improper use of the Services or if RocketFrog believe that you are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, with or without notice to you;
e. You can lose your user name and persona as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased items, including paid and free downloadable content, virtual currency, virtual items, unlockable content, loyalty program privileges, achievement badges associated with your use of the Services;
f. RocketFrog is under no obligation to compensate you for any such losses or results;
g. RocketFrog reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your license to use the Services shall be automatically terminated or suspended;
h. In such event, RocketFrog shall not be required to provide refunds, benefits or other compensation to users connected with such discontinued elements of the Services; and
i. Termination of your Account can include disabling your access to the Services including any content you submitted or others submitted.
j. If a prize is unclaimed at the time of termination of your Account, the prize will be considered claimed by you and delivered by the stated delivery mechanism of that prize.
The Services (including the use of the Service’s name, game client, server software, web technologies, source code, characters, character names, stories, dialogue, concepts, artwork, photography, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using the Services, and the game clients and server software) are works owned by RocketFrog. RocketFrog reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, connected with the Services.
Notwithstanding anything to the contrary herein, you agree that you shall have no ownership or other property interest in an Account. You further agree that RocketFrog owns all rights in and to an Account. Generally, Accounts created with RocketFrog shall be considered active until RocketFrog receives a user request to deactivate or delete them. But, RocketFrog reserves the right to terminate any Account that has not been active for 180 days.
a. RocketFrog owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the Virtual Items appearing or originating in any RocketFrog game, whether “earned” in a game or “purchased” from RocketFrog, or any other attributes associated with an Account or stored on the Services.
b. RocketFrog prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Services, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Services, unless otherwise authorized by RocketFrog in writing.
a. "User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit the Services, or that other users upload or transmit, including without limitation any chat text.
b. By transmitting or submitting any User Content while using the Services, you agree, represent and warrant that such transmission or submission is:
(i) accurate and not confidential;
(ii) not in violation of any applicable laws, contractual restrictions or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and
(iii) free of viruses, adware, spyware, worms or other malicious code.
d. You own your User Content. You hereby grant RocketFrog and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and Promotions thereof.
e. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant RocketFrog to use user-posted content (except any content you submit in response to a Promotion and competitions or any other content specifically solicited by RocketFrog) ends when you delete your User Content or you close your Account, unless your User Content has been shared with others, and they have not deleted it. But, you understand and accept that removed content may persist in back-up copies for a commercially reasonable period of time.
You shall be entirely responsible for all User Content you post or otherwise transmit via the Services. RocketFrog assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct.
RocketFrog has no obligation to monitor User Content. If RocketFrog chooses at any time, in RocketFrog’s sole discretion, to monitor the Services, RocketFrog has the right, in RocketFrog’s sole discretion, to edit, refuse to post, or remove any User Content and RocketFrog may monitor and/or record your interaction with the Services or communications (including without limitation chat text and voice communications) when you are using the Services. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring and recording regarding the RocketFrog Services.
a. The Services may include various forums, voting, blogs and chat features where you can post User Content, including your observations and comments on designated topics. RocketFrog cannot guarantee that other members do not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Services. RocketFrog shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
b. If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Services you understand and agree that RocketFrog:
(i) shall have no obligation to keep your Submissions confidential;
(ii) shall have no obligation to return your Submissions or respond in any way; and
(iii) may use your Submissions for any purpose in any way without notice or compensation to you.
c. RocketFrog is not responsible for a member’s misuse or misappropriation of any content or information you post in any forums, voting, blogs, and chat rooms.
You shall be responsible for the information that you post on, through or connected to the Services and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and RocketFrog assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact RocketFrog at Customer Support.
RocketFrog may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of RocketFrog may violate this Agreement.
RocketFrog reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Services.
You shall be responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. RocketFrog reserves the right, but has no obligation, to become involved in any way with these disputes.
a. If you have a dispute with one or more users, you release RocketFrog (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages, including indirect, incidental, special, exemplary or consequential damages, loss of profits, loss of goodwill or data destruction or impairment, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
b. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
a. In the Services you may purchase, with "real world" money, a license to use Virtual Items and or other goods or Services. You may also obtain a license to use Virtual Items by redeeming third-party virtual currency, such as Facebook Credits.
b. Purchases or redemptions of third-party virtual currency to acquire a license to use virtual items are non-refundable.
c. You can license Virtual Items by visiting the purchase page in the Services, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement. When you purchase a license to Virtual Items from the Services, RocketFrog may send you a confirmatory e-mail that shall contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. RocketFrog keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and RocketFrog is not a party to the transaction.
d. For Virtual Items, your order shall represent an offer to us to purchase a license for the relevant service(s) which shall be accepted by us when RocketFrog makes the Virtual Items available in your Account for you to use in the Services or your payment is made, whichever comes first.
e. Your license to Virtual Items for use in the Services is a service provided by RocketFrog that commences upon acceptance by RocketFrog of your purchase or redemption of third-party virtual currency. By ordering a license to use Virtual Items, you agree RocketFrog shall provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from RocketFrog, you may have the right to withdraw from a purchase within seven (7) calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). But, you lose your right of withdrawal, if the performance of the Services begins before the end of the Cooling Off Period. Accordingly, please note that, if you purchase a license to use Virtual Items from RocketFrog, your right of withdrawal is lost as the performance of the Services begins promptly once your purchase is completed.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. RocketFrog may revise the pricing for the goods and services it licenses to you through the Services at any time.
You agree that RocketFrog is not required to provide a refund for any reason, and that you shall not receive money or other compensation for unused virtual items when an Account is closed, whether such closure was voluntary or involuntary.
You agree that the Services may feature advertisements from RocketFrog and/or third parties. RocketFrog's disclosure of information to third-party advertisers is addressed in Section 2.4.c.
a. RocketFrog may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility.
b. RocketFrog makes no representation or warranty regarding any content, goods and/or services provided by any third party, even if linked to the Services. RocketFrog shall not be liable for any claim relating to any third-party content, goods and/or services.
c. The linked sites are not under the control of RocketFrog and may collect data or solicit personal information from you. RocketFrog is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
d. Further, the inclusion of any link does not imply endorsement by RocketFrog of these linked sites.
If you are a legal resident of the United States and Canada, the Services may allow you from time to time to participate in a Promotion where you can play tournaments for free to win prizes from third-party advertisers and/or RocketFrog.
The particular prize(s) offered at any given time for any given tournament(s) represent the Promotion available at that time. Each Promotion, including the opportunity to win the prize(s) associated with that Promotion, will be valid only for the period of time the Promotion is listed on the home page of the Services. Each tournament you sign up for during that time will offer the listed prizes. When a Promotion is over, a new set of prizes for a new Promotion will be posted. Any tournament already underway (or for which sign-up has already closed) when new prizes and a new Promotion become posted will continue to be part of the prior Promotion that was posted at the time the players signed up.
No purchase or payment of any kind is necessary to compete or win a prize any tournament or Promotion. A purchase or payment of any kind will not increase your ability to compete or win in any tournament or promotion. See RocketFrog Promotions Official Rules for any Promotion by clicking on the “Promotions Official Rules” link on the entry page and/or announcement page for any Promotion.
It is RocketFrog's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please go to RocketFrog’s website to review our DMCA Notification Guidelines. RocketFrog reserves the right to terminate without notice any User's access to the Services if that User is determined by RocketFrog, in its sole discretion, to be a "repeat infringer." In addition, RocketFrog accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
You understand that the Services are evolving. RocketFrog may require that you accept updates to the Services you have installed on your computer. You agree that RocketFrog may update the Services with or without notifying you. You may need to update third-party software from time-to-time in order to receive the Services.
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER ROCKETFROG NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "ROCKETFROG PARTIES") WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE ROCKETFROG PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, LOSS OF GOODWILL OR DATA DESTRUCTION OR IMPAIRMENT, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE ROCKETFROG PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ROCKETFROG PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL THE ROCKETFROG PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID ROCKETFROG IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU AGREE THAT, IF YOU HAVE NOT PAID ROCKETFROG ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ROCKETFROG IS TO STOP USING THE SERVICES AND TO CANCEL THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR MORE CULPABLE MISCONDUCT BY ROCKETFROG.
a. You agree to indemnify, save, and hold RocketFrog, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use of the Services, any violation by you of these this Agreement, or any breach of the representations, warranties, and covenants made by you herein;
b. RocketFrog reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RocketFrog, and you agree to cooperate with RocketFrog’s defense of these claims. RocketFrog shall use commercially reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it; and
c. You agree that the provisions in this paragraph shall survive any termination of your Account or of this Agreement.
a. A dispute may arise between you and RocketFrog. If so, RocketFrog encourages you to first try to find resolution by contacting our customer support. Whether you elect to contact RocketFrog’s customer support, you and RocketFrog agree that RocketFrog shall resolve any claim or controversy at law or equity that arises out of this Agreement or the Services (a "Claim") according to this Section 11.
b. This Agreement and any dispute arising out of or related to it or the Services shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
c. You agree that any dispute that cannot be resolved between you and RocketFrog shall be resolved by arbitration. Arbitration shall be conducted in Los Angeles, California, administered by the American Arbitration Association in accordance with its then-existing Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection, and/or its other rules that may be specifically applicable to the subject matter of the dispute.
d. You agree that any claim or dispute you may have against RocketFrog must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties in the Arbitration paragraph above. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
e. Judgment on the award rendered by the arbitrator(s) may be entered in any state or federal court in Los Angeles, California having jurisdiction thereof.
f. Your use of the Site constitutes an agreement by you that any dispute that cannot be resolved between you and RocketFrog shall be resolved as set forth above without resort to any form of class action.
RocketFrog may assign or delegate its duties under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement without RocketFrog’s prior written consent. Any unauthorized assignment and delegation by you is void.
RocketFrog may publish additional policies related to specific Services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such Services is subject to those specific policies and this Agreement.
If a conflict arises between a translation of the RocketFrog Policies and the English version, the English version of the RocketFrog Policies shall control.
RocketFrog’s failure to enforce this Agreement regarding any breach by you of any provision of this Agreement, or failure to exercise any right under this Agreement shall not be construed as a waiver or relinquishment of RocketFrog's right to assert or rely upon any such provision or right in that or any other instance.
The written waiver by RocketFrog of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as set forth in this Agreement, no representations, statements, consents, waivers, or other acts or omissions by RocketFrog shall modify this Agreement nor be legally binding, unless documented in writing, signed by you and a duly appointed officer of RocketFrog.
RocketFrog may notify you via postings on www.rocket-frog.com, and via e-mail or any other communications means to contact information you provide to RocketFrog. All notices given by you or required from you under this Agreement shall be in writing and addressed to: RocketFrog Interactive LLC, Attn: Legal Department, 8721 Santa Monica Blvd #112, West Hollywood, California, 90069.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You acknowledge that the rights granted and obligations made under this Agreement are of a unique and irreplaceable nature, the loss of which shall irreparably harm RocketFrog and which cannot be replaced by monetary damages alone. Accordingly, RocketFrog shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. You do not have any right to injunctions or any other equitable relief against RocketFrog. Rather, you agree to limit your claims to claims for monetary damages, if any, limited by Section 10.2.
RocketFrog shall not be liable for any delay or failure to perform resulting from causes outside the commercially reasonable control of RocketFrog, including without limitation any failure to perform hereunder due to a force majeure event, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.