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TERMS OF SERVICE
Last Updated on April 24, 2009
1. ACCEPTANCE OF TERMS
SandBoxSeniors (“we,” “us,” “our”) provides its service to you subject
to the following Terms of Service (“TOS”). We may update this TOS by
posting a new version on our website, and your continued use of the
Service after any such update constitutes your binding acceptance of
such changes. If you do not agree to be bound by this TOS, you
should discontinue all use of the Service immediately.
2. DESCRIPTION OF SERVICE
SandBoxSeniors offers its users the opportunity to create profiles,
play games, interact with other users, and enjoy other rich content
on its website at http://www.SandBoxSeniors.com (collectively, the
“Service”). Unless explicitly stated otherwise, any new features
that augment or enhance the current Service shall be subject to this
TOS.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you
are thirteen (13) years of age or older and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. Any registration by, or use or access of
the Service by, anyone under the age of 13 is not authorized and in
violation of this TOS. By registering as a user of the Service, you
agree to provide accurate, current and complete information about
yourself as prompted (such information being the “Registration
Data”) and maintain and promptly update the Registration Data to
keep it accurate, current and complete. If you provide any
information that is inaccurate, not current or incomplete, or
SandBoxSeniors has reasonable grounds to suspect that such information
is inaccurate, not current or incomplete, SandBoxSeniors may deny you
access to areas requiring registration, at its sole discretion.
4. PRIVACY POLICY
Your Registration Data, as well as information that you may provide
at other times during your use of the Service, is subject to our
Privacy Policy, which is incorporated by reference into these Terms.
5. ACCOUNT PASSWORD AND SECURITY
Most features of the Service require registration (“Restricted
Areas”). At the time of registration for online account access, you
must provide a valid email address and supply a Password to be used
in conjunction with your account. You are responsible for
maintaining the confidentiality of your Password, and are fully
responsible for all uses of your Password, whether by you or others.
You agree to (a) keep your Password confidential and not share them
with anyone else; (b) immediately notify SandBoxSeniors of any
unauthorized use of your Password or account or any other breach of
security; and (c) use only your Password to access the Service’s
Restricted Areas. SandBoxSeniors cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section.
You acknowledge and agree that SandBoxSeniors is authorized to act on
instructions received through use of your Password, and that
SandBoxSeniors may, but is not obligated to, deny access or block any
transaction made through use of your Password without prior notice
if we believe your Password is being used by someone other than you,
or for any other reason.
As a result of your registration for the Service, you may receive
certain communications from SandBoxSeniors related to content found on
the Service. You understand and agree that these communications are
part of your registration.
You acknowledge, consent and agree that SandBoxSeniors may access,
preserve and disclose your account information and content if
required to do so by law or in a good faith belief that such access,
preservation, or disclosure is reasonably necessary: (i) to comply
with legal process; (ii) to enforce the TOS; (iii) to respond to
claims that any content violates the rights of third parties; (iv)
to respond to your requests for customer service; or (v) to protect
the rights, property, or personal safety of SandBoxSeniors, its users
and the public.
6. NON-COMMERCIAL USE
By registering for the Service, you acknowledge and agree that the
Service is for personal use only. You may copy information from the
Service for personal use, such as to view, print, or email the
information, but you warrant that you will not, under any other
conditions, reproduce, duplicate, copy, sell, trade, resell, modify,
distribute, decompile, disassemble, or reverse engineer any portion
of the Service.
7. USER CONDUCT
By using the Service, it is your responsibility to know, understand
and abide by our rules of use. These rules are not meant to be
exhaustive, and SandBoxSeniors reserves the right to determine what
types of conduct it considers to be inappropriate use of the Service
and to take such measures as it sees fit. SandBoxSeniors reserves the
right to add to or amend this list of rules at any time.
You agree that you will not use the Service to:
i. post, email, transmit, upload, or otherwise make available
content that harasses, abuses, or threatens other users, that
contains profanity, or obscene or otherwise objectionable content,
or that degrades others on the basis of gender, race, class,
ethnicity, national origin, religion, sexual preference, disability
or other classification.
ii. stalk or otherwise harass another.
iii. post, email, transmit, upload, or otherwise make
available content that contains any other party’s intellectual
property unless you have the right to do so.
iv. forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through the
Service.
v. impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity.
vi. post spam or other advertisements or solicitations,
solicit funds, promote commercial entities, or otherwise engage in
commercial activity except as explicitly allowed herein.
vii. post, email, transmit, upload, or otherwise make
available any material that contains software viruses or any other
computer code, files or programs designed or functioning to
interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment.
viii. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service.
ix. intentionally or unintentionally violate any applicable
local, state, national or international law.
Violation of our rules may result in the removal of your content
from the Service and/or the canceling of your account.
You understand that all materials submitted by users (“User
Materials”), including but not limited to profile information and
communications with other users, whether privately transmitted or
made publicly available, are the sole responsibility of the person
from which such User Materials originated. This means that you, not
SandBoxSeniors, are entirely responsible for all User Materials that
you upload, post, share, email, transmit, or otherwise make
available via the Service. Under no circumstances will SandBoxSeniors
be liable in any way for any User Materials uploaded, posted,
shared, emailed, transmitted or otherwise made available via the
Service.
You acknowledge that SandBoxSeniors may or may not pre-screen User
Materials, but that SandBoxSeniors and its designees have the right
(but not the obligation) in their sole discretion to pre-screen,
refuse, permanently delete, and/or move any User Materials that are
available via the Service. Without limiting the foregoing,
SandBoxSeniors and its designees shall have the right to remove any
User Materials that violate the TOS or are otherwise objectionable
in SandBoxSeniors’s sole discretion. You understand that by using the
Service, you may be exposed to User Materials that you may consider
to be offensive or objectionable. You agree that you must evaluate,
and bear all risks associated with, the use or disclosure of any
User Materials. You further acknowledge and agree that you will not
rely on any content available on or through the Service.
With respect to User Materials you submit or make available on the
Service, you grant SandBoxSeniors an irrevocable, fully sub-licensable,
perpetual, world-wide, royalty-free, non-exclusive license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such User Materials (in whole or in
part) and to incorporate such User Materials into other works in any
format or medium now known or later developed.
8. INDEMNITY
You agree to indemnify, defend, and hold SandBoxSeniors and its
subsidiaries, affiliates, officers, employees, agents, co-branders
and other partners, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or
arising out of your use of the Service, any transaction resulting
from use of the Service or communications with others on or through
the Service, your connection to the Service, your violation of these
Terms, your submission, posting, or transmission of User Materials
to the Service, and/or your violation of any rights of another.
9. MODIFICATIONS TO SERVICE
SandBoxSeniors reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof),
including the Restricted Areas, with or without notice. You agree
that SandBoxSeniors shall not be liable to you or any third party for
any modification, suspension or discontinuance of the Service.
10. TERMINATION
You agree that SandBoxSeniors may, in its sole and absolute discretion
and without notice or liability to you or any third party,
immediately terminate your access to the Restricted Areas. Grounds
for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other agreements or guidelines,
(b) requests by law enforcement or government agencies, (c) a
request by you (self-initiated account deletions), (d)
discontinuance or material modification of the Service (or any part
thereof), (e) unexpected technical or security issues or problems,
and (f) extended periods of inactivity. Termination of your
account(s) may include (a) removal of access to all offerings within
the Service’s Restricted Areas, (b) at SandBoxSeniors’s sole
discretion, the deletion of all of your Service profile information,
User Materials, and other content associated with your Service
account (or any part thereof), and (c) barring further use of the
Service’s Restricted Areas.
11. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers or third parties found on or through the
Service, such as through banner ads or hyperlinks displayed on the
Service, including payment for and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such third party. You agree that SandBoxSeniors shall not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of
such advertisers or third parties on the Service.
12. LINKS
The Service may provide links to other World Wide Web sites or
resources. Because SandBoxSeniors has no control over such sites and
resources, you acknowledge and agree that SandBoxSeniors is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that SandBoxSeniors shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
13. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the
Service are owned by SandBoxSeniors or its licensors. You acknowledge
and agree that the Service contains proprietary and confidential
information that is protected by applicable intellectual property
and other laws. Except as expressly authorized by SandBoxSeniors, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service, in whole or in part.
14. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service
is provided on an “AS IS” and “as available” basis. SandBoxSeniors
expressly disclaims all warranties of any kind, whether express or
implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose, accuracy, and
non-infringement. SandBoxSeniors assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to provide any content
or to store any personalization settings or User Materials.
b. Any content downloaded or otherwise obtained through the
Service is downloaded and used at your sole discretion and risk and
you will be solely responsible for any damage to your computer
system or loss of data that results form the download or use of any
such content.
c. No advice or information, whether oral or written,
obtained by you from SandBoxSeniors or through or from the Service
shall create any warranty not expressly stated in the TOS.
15. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT SandBoxSeniors SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
SandBoxSeniors HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, SandBoxSeniors’S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO SandBoxSeniors FOR THE SERVICE DURING THE TERM OF YOUR
REGISTRATION FOR THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations
may not apply to you.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this Agreement.
18. NOTICE
SandBoxSeniors may provide you with notices, including those regarding
changes to the TOS, by either email, regular mail, or postings on
the Service; provided, however, that this Section places no
requirements on SandBoxSeniors not already expressly set forth herein.
19. TRADEMARK INFORMATION
SandBoxSeniors and other names, logos and marks are the trademarks and
service marks of SandBoxSeniors (the “SandBoxSeniors Marks”). You agree
that you will not display the SandBoxSeniors Marks, or use the
SandBoxSeniors Marks in any manner, without the prior written
permission of SandBoxSeniors.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
SandBoxSeniors may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who infringe the
intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated,
please provide SandBoxSeniors’s Copyright Agent with a Notice
containing the following information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
2. a description of the copyrighted work or other
intellectual property that you claim has been infringed;
3. a description of where the material that you claim is
infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
6. a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner’s behalf.
SandBoxSeniors’s Copyright Agent for Notice of claims of copyright or
other intellectual property infringement can be reached in the
following ways:
By mail:
Sandbox Life Inc.
Att’n: Copyright Agent
11152 Westheimer Rd. #239
Houston, TX 77042
By email:
copyright@SandBoxSeniors.com
21. DISPUTES
Any controversy or claim arising out of or relating to the TOS, with
the exception of those controversies or claims specifically excluded
below, shall be settled by binding arbitration in accordance with
the American Arbitration Association (“AAA”) Commercial Arbitration
Rules (“AAA Rules”), and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes (“AAA Consumer Rules”). 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.
You and SandBoxSeniors agree that any arbitration shall be limited to
the dispute between SandBoxSeniors and you individually. To the full
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 not right or authority for any dispute
to be brought in a purported representative capacity on behalf of
the general public or any other persons.
You and SandBoxSeniors agree that the following disputes are not
subject to this binding arbitration provision: (1) any disputes
seeking to enforce or protect, or concerning the validity of, any of
your or SandBoxSeniors’s intellectual property rights; and (2) any
claim for injunctive relief.
For any dispute not subject to arbitration, or where no election to
arbitrate has been made, you and SandBoxSeniors agree to submit to the
personal and exclusive jurisdiction of the federal and state courts
located in Los Angeles, California. You further agree to accept
service of process by mail, and hereby waive any and all
jurisdictional and venue defenses otherwise available. SandBoxSeniors
controls the Service from its offices within the United States of
America, and the Service is intended for use only in the United
States of America. SandBoxSeniors does not represent that the materials
on this Service are appropriate or made available for use outside of
the United States of America.
The TOS and the relationship between you and SandBoxSeniors shall be
governed by the laws of the State of California without regard to
its conflict of law provisions.
22. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between
you and SandBoxSeniors with respect to the Service and supersedes any
prior agreements, oral or written, between you and SandBoxSeniors.
Waiver and Severability of Terms. The failure of SandBoxSeniors to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the TOS remain in full force
and effect.
Statute of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to the use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
Section Titles. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOS to
abuse@SandBoxSeniors.com. |
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