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Rixty Inc. ("Company," "we," "us," "our") provides this web site and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Company and you, the Site visitor ("you," "your") with respect to your use of the Site and your Rixty Account. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site or creating or using your Rixty user account ("Rixty Account"), you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.
We reserve the right at any time to:
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site. Your continued use of the Site or your Rixty Account following such change will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
I. Rixty Card Terms
1. Purchase of Rixty Card(s). You must be six (6) years of age or older to purchase and use a Rixty Card. You warrant to us that you meet the age requirement to purchase and use a Rixty Card. A parent or guardian must purchase and use a Rixty Card on behalf of those under the age of six (6). We may, in our sole discretion, prohibit the sale of a Rixty Card for any reason. Rixty Card purchase amounts by an individual, when combined with the purchase amounts of other Rixty prepaid products by the same individual (e.g., RixtyCodes), are limited to no more than $999.99 per day and no more than $999.99 in your account at any time
2. Overview of the Rixty Card. At the time of purchase, your Rixty Card has a fixed value denominated in U.S. dollars. Your Rixty Card is issued by Rixty, Inc. and is usable only at Participating Merchant websites. No credit card, credit line, overdraft protection or deposit account of any kind is associated with your Rixty Card. Unless otherwise required by law, any value associated with your Rixty Card is non-refundable and may not be redeemed for cash. We do not pay interest or any other earnings on any value associated with your Rixty Card. The value associated with your Card is not insured by the Federal Deposit Insurance Corporation ("FDIC") or any other federal or state agency. If you permit someone else to use your Rixty Card, we will treat this use as if you have authorized that person to use your Rixty Card. Purchases of Rixty Cards are final and resale of Rixty Cards is strictly prohibited.
3. Rixty Card Use. You are required to register for, and be issued, a Rixty Account and to agree to the terms of this Agreement in order to use the value associated with your Rixty Card for the purchase of goods or services offered by participating Rixty Merchants ("Participating Merchants"). Upon redemption of your Rixty Card, the full value associated with your card will be converted to Rixties and credited to your Rixty Account. Rixties must be used within one year of card redemption or they will be forfeited or will be redistributed to other Rixty users at Rixty's sole discretion, except where prevented by law. Rixties are a limited license right available for purchase or free distribution at Rixty's discretion, and is not redeemable for monetary value. You acknowledge that the Site presently includes a component of fictional currency used solely for entertainment purposes ("Virtual Currency"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Rixty. Regardless of terminology used, Rixties represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Rixty at any time. You agree that Rixty has the absolute right to manage, regulate, control, and modify such Virtual Currency as it sees fit in its sole discretion, in any general or specific case, and that Rixty will have no liability to you based on its exercise of such right.
4. Rixty Reusable Cards. Some Rixty Cards maybe be reused after the initial card value has been redeemed. All terms of Rixty Cards also pertain to Rixty Reusable Cards except as noted. You must be thirteen (13) years of age or older to purchase and use a Rixty Reusable Card. You warrant to us that you meet the age requirement to purchase and use a Rixty Reusable Card. A parent or guardian must purchase and use a Rixty Card on behalf of those under the age of thirteen (13). When a Rixty Reusable Card is redeemed, it will be linked to the Account that the redeeming user is logged into at the time of the redemption. Once a Rixty Reusable Card has been linked to a specific Rixty Account, it can be used to directly purchase Rixties from Rixty at a retail location. For clarity, when you purchase Rixties using a Rixty Reusable Card, the Rixty Card will not be loaded (or reloaded) with any new value, but instead it is used solely to enable the retailer to identify which Rixty Account to receive credit for the purchase. The purchase will be made at the then current pricing for Rixties minus any applicable taxes. The quantity of Rixties purchased will be credited to the Rixty Account that is linked to the Rixty Reusable Card presented to the retailer at the time of purchase. Unless otherwise required by law or specified by Rixty, all purchases of Rixties associated with your Rixty Card are non-refundable and the Rixties purchased may not be redeemed for cash.
5. Rixty Card Balance. You will not be issued a statement in connection with your Rixty Card. You can check the Balance of your Rixty Account at www.rixty.com.
6. Lost or Stolen Rixty Card. The risk of loss and title of your Rixty Card, and its associated value, passes to you upon Rixty Card purchase. Neither Rixty nor a distributor of the Rixty Card shall be held responsible if a Rixty Card, subsequent to purchase, or your data that permits access to your Rixty Account, is lost, stolen, destroyed or used without your permission.
7. Limitation of Liability. Rixty and its successors, agents or assigns make no warranties express or implied, with respect to Rixty Cards, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Rixty Card is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Rixty Card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights.
II. RixtyCode Terms
1. Purchase of RixtyCode(s). You must be six (6) years of age or older to purchase and use a RixtyCode. You warrant to us that you are such an individual. A parent or guardian must purchase and use a RixtyCode on behalf of those under the age of six (6). We may, in our sole discretion, prohibit the sale of a RixtyCode for any reason. RixtyCode purchase amounts by an individual, when combined with the purchase amounts of other Rixty prepaid products by the same individual (e.g., Rixty prepaid cards), are limited to no more than $999.99 per day and no more than $999.99 in your account at any time.
2. Overview of the RixtyCode. At the time of purchase, your RixtyCode has a fixed value denominated in U.S. dollars (but in no event a denomination of less than $5.00). No credit card, credit line, overdraft protection or deposit account of any kind is associated with your RixtyCode. Unless otherwise required by law, any value associated with your RixtyCode is non-refundable and may not be redeemed for cash. We do not pay interest or any other earnings on any value associated with your RixtyCode. The value associated with your RixtyCode is not insured by the FDIC or any other federal or state agency. If you permit someone else to use your RixtyCode, we will treat this use as if you have authorized that person to use your RixtyCode. Purchases of RixtyCodes are final and resale of RixtyCodes is strictly prohibited.
3. RixtyCode Use. You are required to register for, and be issued, a Rixty Account and to agree to the terms of this Agreement in order to use the value associated with your RixtyCode for the purchase of goods or services offered by Participating Merchants. Upon redemption of your Rixty Card, the full value associated with your card will be converted to Rixties and credited to your Rixty Account. Rixties must be used within one year of card redemption or they are forfeit or will be redistributed to other Rixty users at Rixty's sole discretion, except where prevented by law.
4. RixtyCode Expiration. All RixtyCode must be used within one year after purchase or will be forfeited, except where prevented by law.
5. RixtyCode Balance. You will not be issued a statement in connection with your RixtyCode. You can check the Balance of your Rixty Account at www.rixty.com.
6. Lost or Stolen RixtyCode. The risk of loss and title of your RixtyCode, and its associated value, passes to you upon RixtyCode purchase. Neither Rixty nor a distributor of the RixtyCode shall be held responsible if a RixtyCode, subsequent to purchase, or your data that permits access to your Rixty Account, is lost, stolen, destroyed or used without your permission.
7. Limitation of Liability. Rixty and its successors, agents or assigns make no warranties express or implied, with respect to RixtyCodes, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a RixtyCode is non-functional, your sole remedy, and our sole liability, shall be the replacement of such RixtyCodes. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights.
III. General Terms
1. Rixty Account. You must create a Rixty Account in order to redeem the value associated with purchased Rixty Cards or RixtyCodes. When you register for a Rixty Account, you agree to (i) provide accurate, current and complete information about yourself as prompted by our registration form and (ii) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site, materials (including any data, text, graphics, images, audio and video clips, logos, icons, software and links ("Materials")) and/or your Rixty Account. Unless otherwise required by law, any value associated with your Rixty Account is non-refundable and may not be redeemed for cash. The value associated with your Rixty Account is not insured by the FDIC or any other federal or state agency. If you permit someone else to use your Rixty Account, we will treat this use as if you have authorized that person to use your Rixty Account. As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by logging into your account at www.rixty.com and changing your password in the MyRixty area of the site and immediately notify us of the problem by emailing us at [email protected] You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your account.
2. Purchases. Once value has been added to your Rixty Account, such funds may be used for the purchase of eligible goods or services offered by a closed-network of Participating Merchants. The value associated with your Rixty Account may only be used to purchase eligible goods and services offered by Participating Merchants. A current listing of Participating Merchants is available on the Site. We reserve the right to make changes in the list of Participating Merchants at any time, without notice to you, and we do not guarantee the availability of a specific Participating Merchant. Redemption for eligible goods and services may be further subject to limitations and rules set by each Participating Merchant. Redemption for online games or online/mobile content will require an Internet connection and may require the download, installation and/or purchase of certain software or equipment. Customer service and support in connection with the purchase of eligible goods or services is provided by the individual Participating Merchants. Company and the distributors of the Rixty Card or RixtyCode do not assume responsibility or liability for the actions, content, goods or services of Participating Merchants. Descriptions or images of, or references to, goods or services offered by the Participating Merchants on the Site do not imply Company's endorsement of such goods or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any good or service and/or to refuse service to you. Prices and availability of any goods or services are subject to change without notice. Subject to each Participating Merchant's return policies, in the event that you make a permitted return of goods purchased with funds from your Rixty Account, the Participating Merchant may credit your Rixty Account or issue you a "store credit" that may be used with that Participating Merchant. Refunds credited to your Rixty Account as a result of a return are not refundable to you and may only be used for the purchase of eligible goods and services from Participating Merchants.
3. Materials. The information and Materials provided through the Site are intended solely for your personal use. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, subject to the terms and conditions of this Agreement, solely for your personal needs. Further, the Materials remain the property of Company or its licensors or suppliers. Use of the Materials is conditioned on acceptance, if any, of the terms and conditions of any license agreements relating to Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Company or, if so indicated in writing by Company, its licensors or suppliers.
4a. Code of Conduct. While using the Site and/or Materials, you agree not to:
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.
4b. Appropriate Content for Uploaded Images. Uploaded images should be “family friendly,” with Rixty retaining sole and absolute discretion to determine whether uploaded images fall within that description. At all times, you shall comply with any domestic, foreign or international law, rule, regulation or other restriction or any fiduciary or contractual relationship applicable to your image. By uploading an image for reproduction on a paper printout or plastic card via the Site, you are certifying that you have the necessary rights to use said image on these media, and you take full legal responsibility for any third party claims against Rixty as a result of your uploaded image.
Without limiting the generality of the foregoing, you shall not yourself or knowingly permit a third Party to upload, post, publish, transmit, reproduce or distribute in any way any image that:
6. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright (for example, materials posted by Company on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Company against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to DMCA c/o Rixty, Inc., 101 The Embarcadero, Ste 126, San Francisco, CA 94105. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
7. Ownership and Restrictions on Use. The Site is owned and operated by Company in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials. The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered Trademarks of Company, Company's licensors and suppliers, and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion with customers, or in any manner that disparages Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
8. Access to Site. You must be six (6) years of age or older to access and use the Site, Materials and/or register for a Rixty Account. You warrant to us that you are such an individual. A parent or guardian must access or use the Site, Materials and/or register for a Rixty Account on behalf of those under the age of six (6).
9. Jurisdictional Issues. The Site is directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
11. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
12. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY GOOD OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
13. Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY GOOD OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14. Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; and/or (ii) your activities in connection with the Site.
15. Questions. The Site is provided by Rixty Inc. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at Rixty Customer Service, 101 The Embarcadero, Ste 126, San Francisco, CA 94105 or [email protected]
16. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the jurisdiction of any State or Federal court located in the County of Alameda, California, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter, including any terms provided to you at the time you purchased your Rixty Card or RixtyCode. This Agreement is not assignable, transferable or sublicenseable by you except with Company's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Last edited April 17, 2012