Terms of Use
Copyright © 2009 by Tangible Worldwide, LLC.
All text, graphics, audio files, and scripts, downloadable software, and other works on this website are the copyrighted works of Tangible Worldwide, LLC. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this web site is strictly prohibited. The following are the protected Trademarks of Tangible Worldwide, LLC: Grabba Beast™, www.grabbabeast.com™, Beast™, GB™, Beast Pack™, Build A Beast™, Evolve A Beast™, Grabba Glance™, Share A Beast™.
All rights reserved.
Copyright © 2009 by Tangible Worldwide, LLC All rights reserved.
GRABBABEAST.COM USER AGREEMENT AND PRIVACY POLICY
Tangible Worldwide, LLC (“Tangible”) provides its online services and Grabba Beast Web Site to you, the User, subject to this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY. BY CHECKING THE “I AGREE TO THE TERMS OF USE AND PRIVACY POLICY” BOX OR BY YOUR CONTINUED USE OF THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.
A. TERMS OF USE AND RULES OF CONDUCT.
1. User’s use of the Grabba Beast Web Site does not mean that ownership of any elements of the web site, or any contents thereof, is transferred to User. Tangible grants User a limited license to use the Grabba Beast Web Site solely for personal, non-commercial purposes in a manner consistent with the function of the Grabba Beast Web Site, and the terms and conditions set forth in this User Agreement.
2. Users of the Grabba Beast Web Site agree not to perform any of the following acts or engage in any of the following behavior:
(a) upload, post, or transmit any informational content that: (i) is defamatory, vulgar, obscene, libelous, or inaccurate; (ii) invades the privacy of another; (iii) violates any law or regulation; (iv) infringes the intellectual property rights or other proprietary rights of any third party, including, but not limited to, material protected by copyright, trademark, service mark, patent, or trade secret; (v) advertises the sale of goods or solicits funds; or (vi) is otherwise objectionable;
(b) harm, or attempt to harm, a legal minor;
(c) collect personal information on, ‘cyberstalk’ or harass another User, or engage in conduct that offends, interferes with, or negatively affects the online experience of another User;
(d) impersonate another User, person, or entity, including any official or employee of Tangible;
(e) violate any local, state, or federal law or ordinance, including violations of the Copyright Act;
(f) upload, post, or transmit any software or files that contain viruses, worms, Trojan Horses, or other harmful computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality any software, hardware, networks, servers, or other equipment;
(g) interfere with the operations of Tangible’s web servers or other computers or Internet or network connections;
(h) upload, post, or transmit any informational content that is the copyrighted, patented, or trademark intellectual property of another, or the trade secret of or confidential information of another;
(i) upload, post, or transmit any unsolicited or unauthorized advertising, including ’spam’ or ‘junk mail’;
(j) reproduce, copy, duplicate, or sell any portion of the Grabba Beast Web Site;
(k) attempt to circumvent the security systems of the Grabba Beast Web Site;
(l) attempt to gain access to other Users’ accounts;
(m) attempt to harvest or otherwise collect information about other Users without their consent; or
(n) use the Grabba Beast Web Site for any commercial use or purpose.
3. Tangible may, at its sole discretion, immediately terminate User’s access to the Grabba Beast Web Site, without notice, in the event that it has reason to believe that User has engaged in any of the prohibited conduct set forth in Paragraph (2.), above.
4. User is fully responsible for any information or content uploaded, posted, or transmitted to the Grabba Beast Web Site. Tangible does not pre-screen uploaded, posted, or transmitted content submitted by Users, but Tangible reserves the right to inspect, edit, and delete any content that violates the terms and conditions of this User Agreement. Under no circumstances shall Tangible be liable for any content uploaded, posted, or transmitted to the Grabba Beast Web Site by Users or third parties.
5. The Grabba Beast Web Site is solely intended for use by adults. Users under the age of thirteen (13) years old may not create an account profile and may not submit Personal Information (defined below).
B. INTELLECTUAL PROPERTY.
1. The Grabba Beast Web Site, and all products, services, content, and information accessible through the Grabba Beast Web Site, including, but not limited to, software, designs, text, databases, images, artwork, illustrations, audio clips, video clips, graphic material, animation, site “look and feel,” and any copyrightable and/or patentable materials, and the selection or arrangement thereof (‘Web Site Materials’), and all trademarks, service marks, trade names, trade dress and patents are owned by and are the property of Tangible, and its third party licensors, successors, and assigns, and are protected, without limitation, by applicable copyright, trademark, and patent laws. Except for the uses permitted by this User Agreement, User may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute Web Site Materials without our prior written agreement. All names, logos and trademarks which appear on the Grabba Beast Web Site are Tangible’s property or are used by Tangible under license. User may not use any of them for any purpose without Tangible’s prior express written permission. User’s failure to comply with these terms will constitute breach of contract, may violate Tangible’s copyright, trademark and other proprietary rights and may subject User to liability for damages.
2. Provided that User complies with the terms of this User Agreement, Tangible grants User a limited right to access and use the Grabba Beast Web Site for the User’s personal, non-commercial use. If properly registered, User may also send Beasts by e-card, or post Beasts to social networking sites or other third-party sites, or download Beast wallpaper. If User takes advantage of any of these services, User agrees that he or she shall keep intact all legal notices marking the download, posted, or sent material, including copyright and trademark notices, and shall not in any way alter or delete legal notices embedded in the material.
3. Any information, content, ideas, comments, concepts, artwork, designs, or graphics that are uploaded, posted, or transmitted to the Grabba Beast Web Site by User (‘Uploaded Materials’) shall be automatically deemed the property of Tangible. Tangible is free to use the Uploaded Materials as it sees fit, for any purpose and without limitation, and without compensation to User. To the extent Tangible is not deemed the legal owner of the Uploaded Materials, User grants Tangible a worldwide, non-exclusive, perpetual, royalty-free license to use, distribute, reproduce, modify, exhibit, and/or publicly display any Uploaded Materials, including any character or Beast created on the Grabba Beast Web Site. Tangible is free to use, without financial or other obligation, any ideas, concepts, know-how or techniques contained in any information uploaded, posted, or transmitted for any purpose whatsoever including, but not limited to developing, manufacturing, and marketing products which incorporate or otherwise rely upon such information. A User understands, acknowledges, and agrees that Tangible has the right to delete, re-format and/or change information uploaded, posted, or transmitted in any manner (although User will not be responsible for any such changes made).
4. Tangible respects the intellectual property rights of others. In the event a third party believes that its rights have been violated by an online User, Tangible should be provided with the following information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512(c):
(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(b) Identification of the copyrighted work (or works) that are claimed to have been infringed;
(c) A description of the material that is claimed to be infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
(d) A clear description of where the infringing material is located on the Grabba Beast Web Site, including as applicable its URL, such that the material can be located;
(e) the name, address, telephone number, and e-mail address of the person submitting the claim;
(f) A statement that the person making the claim has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) A statement by the person making the claim, made under penalty of perjury, that the above information in the notice is accurate and that the person making the claim is the copyright owner or authorized to act on the copyright owner’s behalf.
The claim should be directed to:
Tangible Worldwide, LLC
Attn: Grabba Beast DMCA
841 W. Randolph Street
Chicago, IL 60607
(312) 773 7246
beastmaster@grabbabeast.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
C. PRIVACY POLICY.
1. Tangible’s Privacy Policy covers Tangible’s treatment of personal or personally identifiable information (‘Personal Information’) that may be collected when User accesses the Grabba Beast Web Site. This policy does not apply to the practices of companies that Tangible does not own or control, or to individuals that are not under Tangible’s supervisory control.
2. Tangible does not actively collect and Personal Information unless User creates an account profile. If User wishes to register on the Grabba Beast Web Site and create an account profile, the following Personal Information will be collected: (a) name; (b) e-mail address; (c) date of birth; (d) online screen name; and (e) password. This Personal Information is collected solely to allow User to utilize the functions and benefits of the Grabba Beast Web Site, including saving Beasts, creating User preferences, sending e-cards, and participating in the Grabba Beast Web Site community. User need not provide Personal Information, but if not provided User will not be able to take advantage of various features of the Grabba Beast Web Site. Tangible will not sell, rent, or disclose User’s Personal Information to any individual, business, or government entity.
3. Tangible will not sell, rent, or disclose User’s Personal Information to any individual, business, or government entity. Tangible will share your personal information only if: (a) User requests that Tangible share such information; or (b) if Tangible is required to disclose such information in response to a court order, subpoena, or other legal process.
4. Tangible allows User to set up an account profile to create and save Beasts, Share Beasts, or participate in the online community. By uploading, posting, or transmitting information to the Grabba Beast Web Site, however, User assigns all interest in such information to Tangible, and Tangible will be deemed either the owner of the material or licensor of the material pursuant to a worldwide, perpetual, royalty-free license.
5. All user accounts must be accessed with usernames and passwords. User will select a username and password during the registration process. Users are responsible for maintaining the confidentiality of the username and password. User is advised not to share the username and password with any other person. User agrees to immediately notify Tangible at beastmaster@grabbabeast.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Tangible shall not be responsible for User’s failure to abide by this paragraph.
6. User has the ability to edit his or her Personal Information at any time, and may delete User’s account at any time.
7. Tangible uses ‘cookie’ files, but only for the limited purpose of (a) remembering password and registration information and (b) recognizing returning Users. Tangible does not use ‘cookie’ files to collect Personal Information.
8. The Grabba Beast Web Site is solely intended for use by adults. Tangible asks users for their date of birth for the purpose of preventing children from creating an account profile and submitting Personal Information. Tangible does not knowingly obtain any Personal Information of children under the age of 13 years old. If Personal Information is inadvertently collected due to a misrepresentation of User’s date of birth, it will be limited to the following: (a) name; (b) e-mail address; (c) date of birth; (d) online screen name; and (e) password. Tangible does not ask for or collect any other Personal Information other than as stated above. Any Personal Information collected will not be sold, rented, or disclosed to any third party unless: (a) User requests that Tangible share such information; or (b) if Tangible is required to disclose such information in response to a court order, subpoena, or other legal process. If Tangible learns that a child under the age of 13 has submitted Personal Information, that information will be deleted as quickly as possible. If a parent or legal guardian believes that their child has provided Personal Information to Tangible, the parent or legal guardian, upon proper identification, may review the Personal Information collected with respect to their child, and/or may request the deletion of such information, or may refuse to allow further access to the Grabba Beast Web Site. Any such requests should be directed to:
Tangible Worldwide, LLC
Attn: Grabba Beast Privacy
841 W. Randolph Street
Chicago, IL 60607
(312) 773 7246
beastmaster@grabbabeast.com
9. Tangible reserves the right to amend this policy at any time. Tangible will contact registered users by e-mail, and shall also post a notice of changes on its web site, when and if the terms of this policy are amended.
10. User may contact Tangible directly by emailing beastmaster@grabbabeast.com should User have any questions regarding this policy.
D. DISCLAIMERS.
1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GRABBA BEAST WEB SITE AND THE USE THEREOF IS PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. Tangible assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use this web site.
2. The Grabba Beast Web Site may contain hyperlinks to other Internet sites. The inclusion of such hyperlinks are not express or implied endorsements or approvals by Tangible of any products, services, or information available from those sites. Those websites are not part of the Grabba Beast Web Site and each is subject to its own user terms and conditions, and privacy policy. TANGIBLE DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITES AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE. Furthermore, the trademarks used in connection with the third party websites are not trademarks of Tangible. Please be sure to review the applicable agreements and policies carefully when visiting any third party website.
3. Tangible does not warrant that the Grabba Beast Web Site will be available at any particular time, will be provided in an uninterrupted or error-free manner or will be corrected if found to be defective. Tangible reserves the right to modify or discontinue the Grabba Beast Web Site at any time and without notice.
4. Tangible does not warrant that the Grabba Beast Web Site will function with all or any particular hardware, software, or operating system.
5. Tangible may allow third-party advertisers to advertise on the Grabba Beast Web Site. Tangible takes no responsibility for User’s dealings with third party advertisers, including any online or other purchases from those advertisers. Tangible shall not be liable for any losses sustained by User due to dealings with third party advertisers.
E. LIMITATION OF REMEDIES.
1. TANGIBLE’S MAXIMUM LIABILITY FOR ANY LOSS SUSTAINED AS A RESULT OF THE USE OR LOSS OF USE OF THE GRABBA BEAST WEB SITE, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR (IF ANY) FOR USE OF THE GRABBA BEAST WEB SITE. TANGIBLE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Any claims brought by a User relating to the Grabba Beast Web Site shall be brought within one (1) calendar year from the date that the event or events giving rise to the claim first occurred.
F. INDEMNIFICATION.
User agrees to indemnify and hold harmless Tangible, and its subsidiaries, affiliates, members, managers, and employees, from any claim, demand, action, proceeding, damages, or loss, including reasonable attorney’s fees, made by or in favor of any third party, that arises out of: (a) User’s violation of this User Agreement; (b) content uploaded, posted, or transmitted to the Grabba Beast Web Site by User; and/or (c) User’s violation of any law, regulation, or intellectual property rights of third parties.
G. DISPUTE RESOLUTION.
1. User agrees that any dispute, controversy, or claim arising out of the use of the Grabba Beast Web Site shall be submitted to binding arbitration to be conducted pursuant to the Commercial Rules of the American Arbitration Association then in effect. The arbitration shall be conducted by a single arbitrator mutually selected by the parties in accordance with the Commercial Rules of the American Arbitration Association. The venue for such arbitration shall be in Chicago, Illinois. The arbitrator’s decision and award shall be final and binding, and judgment on the award may be entered by any court of competent jurisdiction.
2. With respect to any claim arising out of use of the Grabba Beast Web Site, User waives any right he or she may possess to a jury trial and further agrees to waive any right he or she may possess to participate as a member or representative in a class action. Any claim by User against Tangible arising out of the use of the Grabba Beast Web Site shall be made in an individual capacity only.
H. CHOICE OF LAW AND VENUE.
1. Tangible is an Illinois limited liability company with its principal place of business in Chicago, Illinois, U.S.A. This User Agreement shall be construed and controlled by the laws of the State of Illinois, U.S.A. Any dispute concerning or breach of the terms of this User Agreement shall be governed by the laws of the State of Illinois, U.S.A., without giving effect to any principles of conflicts of laws.
2. The exclusive venue for any and all claims or disputes not subject to arbitration shall be in the state or federal courts located in Cook County, Illinois, U.S.A.
I. GENERAL PROVISIONS.
1. Tangible may amend or supplement the terms of this User Agreement at any time. If amended or supplemented, the revised terms will be posted on the Grabba Beast Web Site. If you do not agree to the terms and conditions of the User Agreement, as amended or supplemented, you are not permitted to use or access the Grabba Beast Web Site.
2. This User Agreement constitutes the entire agreement between Tangible and User, and governs User’s use of the Grabba Beast Web Site.
3. Tangible’s failure to exercise or enforce any right available to it under this User Agreement shall not constitute a waiver of such right, and shall not prevent Tangible from exercising or enforcing such right at a later time.
4. If any provision of this User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, Tangible and User agree that all remaining provisions shall be given full force and effect.