Rock Legends! Terms of Service

Updated: September 2009

Serious Business, Inc. (the "Company") offers Rock Legends! (the "Service") according to the Terms of Service declared below. These Terms of Service are a legal agreement between you and the Company. The Company reserves the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms may result in termination of your account. Questions about the Terms of Service may be sent to help [at] Serious Business [dot] com.

The Service may integrate with other services provided by third parties. If you access or use the Service through a third party website or other interface(such as Facebook, hi5 or MySpace),you may be subject to additional terms and conditions.

We may amend or modify these Terms of Service at any time without notice to you, so you should visit this page periodically to review the most current version, which may be found at http://www.seriousbusiness.com/rl-tos.

If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that the Company is not required to provide you notice before terminating or suspending your access to the Service, but it may choose to do so.

The Company reserves the right to deny, in its sole discretion, any user access to the Service without notice for any or no reason (including, without limitation, for violation of these Terms of Service).

General Terms

The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to use the Service.
The Company can terminate an account in its sole discretion at any time.
You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as sharing your account password or not logging out of the Service. Where the Service utilizes the account management of a social networking website (such as Facebook, hi5 or MySpace), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.
You may not register accounts with unauthorized automated methods such as "bots".
You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
You may not use the Service to distribute unsolicited email ("spam") or malicious content such as viruses or worms.
You may not exploit the Service to access confidential information.

Modification to Service

The Company may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and the Company shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. The Company has no obligation to continue producing or releasing new versions of the Service.

Proprietary Rights

The Service contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Service owned by the Company.
Subject to the terms and conditions hereof, Company hereby grants you a limited, revocable, nonsublicensable license to display the Company Property (excluding any software code) solely for personal, non-commercial use in connection with viewing the Service or other uses which are expressly permitted by the Company in writing. Such permitted uses include the use of the Service’s Logo and the “Rock Legends!” name in connection with the creation of a “fan page” or other non-commercial website (within or without the social network upon which the Service is hosted) geared toward users of the Service. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Service’s logo or other Company Property (collectively, “Derivative Works”) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
Any text, images, or other audiovisual information (collectively, "Content") posted on the Service shall belong to the person that posted such Content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
In order to operate the Service, the Company needs the right to make certain uses of your publicly posted Content. Therefore, when you post Content on the Service, you agree to grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Content on the Service and on services affiliated with the Service regardless of the form of media used or of whether such services now exist or are developed in the future. By posting Content to the Service, you hereby represent and warrant that you have the right to post that Content and to grant the foregoing rights to the Company. 5.The Company reserves the right to remove any Content from the service, at its sole discretion. 6.The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights. 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 the following information to the Company's copyright agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address;
- 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;
- 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 are authorized to act on the copyright or intellectual property owner's behalf.

The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
Serious Business, Inc.
580 Market Street, 6th Floor
San Francisco, CA 94104
By phone: 415.[986.6038]
By email: dmca [at] Serious Business [dot] com

User Conduct

The Company has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the Service. The Company also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such Content or engages in unacceptable behavior on the Service.
Examples of unacceptable Content or behavior on the Service include:
- abuse, harassment, threats, flaming or intimidation of any person or organization
- engaging in or contributing to any illegal activity or activity that violates others' rights
- use of derogatory, discriminatory or excessively graphic language
- providing information that is false, misleading or inaccurate
- hacking or modifying the Service to falsely imply an association with the Company
- engaging in or contributing to any activity that maliciously degrades the Service
- implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
- transmitting worms, viruses or harmful software
- sending spam
- disclosing personal or proprietary information of another user, person or organization
- altering the Service’s user interface in a way that removes access to any part of the Service’s functionality and/or inhibits access to or the display of advertisements
The Company cannot control all Content posted by third parties to the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact the Company at afterburner [at] Serious Business [dot] com.

In-Game Currencies/Goods

The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from the Company for “real world” money, if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from the Company for “real world” money or for Virtual Currency. Regardless of how they are named or described,, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from the Company or any other party.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency solely in connection with your use of 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.
The Company 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 the Company shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Currencies 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. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Service and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in the Company's sole and absolute discretion. All Virtual Goods and Currencies may be forfeited if your account is terminated or suspended for any reason, in the Company’s sole and absolute discretion, or if the Company discontinues providing the Service.

Third Party Sites; Advertisers

Links to third party sites appear within the Service. These linked sites are not controlled by the Company and may collect data or solicit personal information from you. The Company is not responsible for such linked sites, their content, business practices, goods and services or privacy policies, or for the collection, use or disclosure of any information by those sites. The Company provides such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by the Company of such linked sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment 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 advertiser. You agree that the Company 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 on the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 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.

Indemnification

You agree to indemnify and hold harmless Company, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or use of the Service, including any breach by you of the Terms of Service and any claims arising from the Content you submit, post, transmit or make available through the Service.

Privacy.

Our collection of information from you, if any, is subject to our Privacy Policy, which is incorporated herein and available at http://www.seriousbusiness.com/rl-privacy. 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.

Miscellaneous

This Terms of Service constitutes the entire agreement between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.
The Company may assign these Terms of Service in whole or part at any time.
The Terms of Service and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.
Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.