Updated July 28, 2010

This Terms of Service (the “Agreement”) is a legally binding agreement that governs your use of the websites, services and applications offered by Rocket Ninja, Inc. (“Rocket Ninja”) and accessed through third-party web sites (collectively, the “Service”).  The Agreement incorporates the Rocket Ninja Privacy Policy and any amendments or modifications thereto www.rocketninja.com/privacy.  By using or accessing the Service, you agree to be bound by this Agreement.  You agree to check this Agreement from time to time for new information and terms that govern your use of the Service.

 

1. Using the Rocket Ninja Service

Rocket Ninja grants to you a non-exclusive, non-transferable, revocable limited license solely to use and display the Service and related software (excluding source and object code).  The Service is currently offered for your personal (or household) non-commercial use.

 

You may not use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this Agreement.  Rocket Ninja reserves the right to change this Agreement in any way and at any time.  You agree that notice of modifications has been effectuated they have been posted by Rocket Ninja.  You acknowledge that continued use of the Service shall constitute acceptance of those modifications.

 

Rocket Ninja, at its sole discretion and without liability to you, may alter or discontinue the Service, or your use of the Service, with or without notice and without refunds, reimbursements, or credits of any kind.  You agree to be bound by rules and terms published within the Service.

 

You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify Rocket Ninja immediately of any unauthorized use or theft of your account or any other breach of security. Rocket Ninja will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by Rocket Ninja or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.

 

Violations of this Agreement may, at Rocket Ninja’s discretion, result in termination of your access to the Service and deletion of any profile or account information you have provided. As your use of the Service is conditioned on your compliance with this Agreement, violating this Agreement may give rise to legal causes of action against you.

YOU MUST BE 13 YEARS OLD OR OLDER TO USE THE SERVICE.  You represent that you are 13 years old or older.  If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Agreement.

 

2. Game-world Currency and Goods

The Service may include a virtual, game-world currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Rocket Ninja for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, game-world digital items (“Virtual Goods”) that may be purchased from Rocket Ninja for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Rocket Ninja or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

 

Rocket Ninja has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Rocket Ninja shall have no liability to you or anyone for the exercise of such rights.  Transfers of Virtual Currency and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value.  You agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Currencies and Virtual Goods are forfeited if your account is terminated or suspended for any reason, in Rocket Ninja’s sole and absolute discretion, or if Rocket Ninja discontinues providing the Service.

 

3. Ownership of Intellectual Property

Rocket Ninja owns all text, images, code, Virtual Currency and Virtual Goods, and other components of the Service, including all intellectual rights therein. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.  Rocket Ninja and the Rocket Ninja logos are trademarks of Rocket Ninja.  Any use of these trademarks requires the express written permission of Rocket Ninja.

Your use of the Service, purchase of Virtual Currency or Virtual Goods, or downloads or uploads to the Service, shall not grant you any ownership rights.

Except as expressly permitted in this Agreement, you agree not to copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of Rocket Ninja.

 

All comments, feedback, suggestions, ideas, and other submissions (the "Ideas") disclosed, submitted, or offered to Rocket Ninja shall be the exclusive property of Rocket Ninja. You agree that, unless otherwise prohibited by law, Rocket Ninja may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

 

4. User Content

User Content means any content or materials you create, submit, post, display, transmit, perform, publish, distribute or broadcast to Rocket Ninja and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material.  Any User Content you transmit to Rocket Ninja will be treated as non-confidential and non-proprietary.

 

You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement without Rocket Ninja incurring any third-party obligations or liability arising out of Rocket Ninja’s exercise of the rights thereto granted herein by you.

You grant to Rocket Ninja the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such User Content.

 

Rocket Ninja has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Rocket Ninja does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf. 

 

Rocket Ninja has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Rocket Ninja may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Rocket Ninja reserves the right to treat User Content as content stored at the direction of users for which Rocket Ninja will not exercise editorial control except to enforce the rights of third parties and the Usage Rules set forth below when violations are brought to Rocket Ninja's attention.

 

Rocket Ninja representatives may monitor certain User Content, but cannot monitor or prescreen all of the User Content, and do not attempt to do so.  You hereby waive any objections you might have with respect to viewing content which you find offensive.

 

5. Usage Rules

Your use of the Service is governed by certain rules which are maintained and enforced by Rocket Ninja, and must be adhered to by all users at all times when using or accessing the Service.  It is your responsibility to know, understand and abide by the following rules (the “Usage Rules”).

 

By accessing and using the Service, you agree that you will not:

Publish, post, upload, transmit, distribute or disseminate User Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;

 

Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks;

 

Restrict or inhibit any other user from using and enjoying the Service;

 

Promote, encourage, or otherwise advocate the use of illegal drugs;

 

Violate the terms of any other applicable agreement or terms governing the access or use of the Service (including any end user license, code of conduct or other terms of use/service or guidelines from any web site on which the Service is available);

 

Use, upload, transmit, distribute or otherwise make available any User Content, including images or photographs, which are made available through the Service that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;

 

Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose;

 

Collect, in any manner, personal information about others, or impersonate or create a false identity for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);

 

Use the Service in any manner other than for personal communication as an individual user; this includes, but is not limited to, sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages; or

 

Use the Service for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.

 

These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Usage Rules or otherwise outside the spirit of the Service and to take such action as we see fit, up to and including termination of your account and exclusion from further use of the Service. We reserve the right to modify the Usage Rules at any time.

 

6.  Privacy and Protection of Personal Information.

Any Content which you provide (and certain other information about you) is subject to our Privacy Policy, which is incorporated by reference into this Agreement and available at www.rocketninja.com/privacy. See our Privacy Policy for information and notices concerning our collection and use of your personal information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Rocket Ninja. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and you will not be able to opt out of receiving them.

 

7. Account Responsibility

This Service is offered through various social networks. The Service is only available to persons who are registered members of the social network through which they access the Service and are in compliance with the policies or terms of use/service of that social network. In creating your account with a social network through which you will access the Service , you agree to: i) provide true, accurate, current and complete information about yourself (the "Registration Data"); and ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or Rocket Ninja has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rocket Ninja has the right to suspend or terminate your ability to use the Service and refuse any and all current or future use of the Service (or any portion thereof). Rocket Ninja reserves the right to terminate accounts that have been inactive for 180 consecutive days.

 

8. Disputes with Others

We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Rocket Ninja and hereby agree to indemnify Rocket Ninja from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

 

9. Disclaimers; Limitations; Waivers of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS AND ROCKET NINJA EXPRESSLY DISCLAIMS ALL 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 THAT TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO THIS AGREEMENT WITH RESPECT TO ANY LEGALLY REQUIRED WARRANTY PERIOD, SUCH WARRANTY PERIOD SHALL BE THE SHORTER OF THIRTY (30) DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER ROCKET NINJA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "ROCKET NINJA PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE ROCKET NINJA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCES, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE ROCKET NINJA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ROCKET NINJA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES WILL THE ROCKET NINJA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE ACTUALLY PAID ROCKET NINJA IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

 

10. Indemnification

You agree to defend, indemnify and hold harmless the Rocket Ninja Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your access and/or use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) and/or use of or access to the Service.

 

11. Governing Law/Waiver of Injunctive Relief

a) Governing Law.  This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Francisco, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Francisco, California.

 

b) Injunctive Relief.  You acknowledge that the rights granted and obligations made hereunder to Rocket Ninja are of a unique and irreplaceable nature, the loss of which shall irreparably harm Rocket Ninja and which cannot be replaced by monetary damages alone so that Rocket Ninja shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

 

c) Binding Arbitration. If you and Rocket Ninja are unable to resolve a Dispute through informal negotiations, either you or Rocket Ninja may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Rocket Ninja will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Rocket Ninja may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

 

d) Restrictions.  You and Rocket Ninja agree that any arbitration shall be limited to the Dispute between Rocket Ninja and you individually.  To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

e) Exceptions Arbitration.  You and Rocket Ninja agree that the following Disputes are not subject to the above provision concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Rocket Ninja’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

 

12.  Waiver/Severability

a) Waiver.  The failure of Rocket Ninja to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them shall not be construed as a waiver or relinquishment of Rocket Ninja's right to assert or rely upon any such provision or right in that or any other instance.

 

b) Severability.  You and Rocket Ninja agree that if any portion of this Agreement, except any portion of Section 11(d), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect. If Section 11(d) is found to be illegal or unenforceable then neither you nor Rocket Ninja will elect to arbitrate any Dispute falling within that portion of Section 11(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and Rocket Ninja agree to submit to the personal jurisdiction of that court. 

 

13.  Miscellaneous

a) Location.  Rocket Ninja operates and controls the Service from its offices in the United States. Rocket Ninja makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Rocket Ninja to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

b) Export Controls.  Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

 

c) The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

 

d) Termination.  This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Rocket Ninja or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Rocket Ninja if, in our sole discretion, you fail to comply with any term or provision of this Agreement.

 

e) Modifications.  Rocket Ninja reserves the right to modify this Agreement at any time without any notice to you.  Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. Rocket Ninja will notify you of any modifications to this Agreement with one or both of the following methods: 1) post any modifications on www.rocketninja.com or within the Service, and/or 2) send you a message informing you of the modified terms and linking you to the posting at www.rocketninja.com. You agree that you will, 1) periodically check www.rocketninja.com for updates to this Agreement, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to www.rocketninja.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes

 

f) Assignment.  Rocket Ninja may assign this Agreement with or without notice. You may not assign this Agreement.

 

g) Section Headings. The section headings used herein are for convenience only and shall not be given any legal import.

 

h) Document Drafting and Electronic Form.  You agree that this Agreement will not be construed against Rocket Ninja by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

 

14.  Statute of Limitations

You and Rocket Ninja both 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 the Service, Agreement or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or it will be forever barred.

 

15. Remedies

You agree that Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that this Agreement and the Privacy Policy incorporated into this Agreement, including Rocket Ninja’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

 

16. Entire Agreement

The Agreement (including the Rocket Ninja Privacy Policy incorporated by reference into this document) and any posted rules or instructions related to the Service or any other Rocket Ninja service, product, or offering constitute the entire agreement between you and Rocket Ninja relating to your rights and obligations in the use of the Service and any other such Rocket Ninja service, product or offering. If there is any conflict between the Agreement and any other rules or instructions posted by Rocket Ninja, Rocket Ninja shall resolve the conflict in its sole discretion.

 

17.  Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) 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 this game in a way that may constitute copyright infringement, you may provide notice of your claim to Rocket Ninja’s Designated Agent listed below. For your notice to be effective, it must include the following information:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

 

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

 

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

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.

 

Rocket Ninja’s designated Copyright Agent to receive notifications of claimed infringement is: email: DMCA@rocketninja.com.  Rocket Ninja may send copies of DMCA notices to third parties.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Rocket Ninja customer service. You acknowledge that if you fail to comply with all of the requirements your DMCA notice may not be valid.