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Sifteo Terms of Use

This website and any other URLs and websites administered by Sifteo, Inc. and its affiliates (collectively, the "Website") are offered by Sifteo, Inc. and its affiliates (collectively, "Sifteo" or "we" or "us") to you, the user, subject to your acceptance of all the terms and conditions set forth below ("Terms of Use"). The terms "you" and "user" refers to all individuals and entities that access the Website. The term "Product" shall refer to the Website and/or Sifteo hardware devices.

By your affirmative actions of registering for and/or using the Website and/or using the Product, you signify your agreement to these Terms of Use, to our Privacy Policy and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not use or register at this Website or use the Product.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Sifteo home page. We may also place a special notice on the Website or communicate significant changes by email. Your continued use of the Product following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with this Terms of Use, or any revised versions thereof, you may not use the Product.

Age and Eligibility

In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction ("Minors") are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@sifteo.com. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the "Registration Data") is accurate and complete.

Agency

You represent that you are using the Product for its intended purpose. If you are registering or using the Product on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Precautions

IMPORTANT SAFETY INFORMATION. READ THE PROUCT MANUAL BEFORE YOU OR YOUR CHILD USE THE PRODUCT. IF THIS PRODUCT WILL BE USED BY YOUNG CHILDREN, THE PRODUCT MANUAL SHOULD BE READ AND EXPLAINED TO THEM BY AN ADULT. FAILING TO DO SO MAY CAUSE INJURY. A COPY OF THE PRODUCT MANUAL WILL BE MADE AVAILABLE ON THE WEBSITE.

Information on the Website

We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by Sifteo, Sifteo employees, or others appearing on the Website by invitation or as visitors is solely at your own risk.

User-Generated Content

You hereby grant to Sifteo a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Website (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Sifteo's use of the User Generated Content or require your permission for Sifteo to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Sifteo or its sublicensees relating to Sifteo's or its sublicensees' use of the User Generated Content, and you hereby release Sifteo and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Registration and Password

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Sifteo the right to use your information in connection with the operation of the Website. Sifteo cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information submitted.

You represent that the information that you provide about yourself as requested in the Sifteo account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Sifteo with your current email address, so that you may receive notifications and other account-related communications.

Ownership of the Website

Except for the User Generated Content, the Website and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, is owned by Sifteo or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain Sifteo's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website except as necessary to view the content on the Website and create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by Sifteo to you are retained by Sifteo and its licensors.

If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website.

Email Rules

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.

Community Pages

There are several areas on the Website on which users may post information, including journals, forums and message boards (collectively, "Community Pages"). Any information posted to the Community Pages may be viewable by anyone who visits the Website (whether or not such visitors are registered users). Sifteo does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of Sifteo. Any action taken by you based on information presented on the Community Pages is at your own risk.

In using our Community Pages you agree to follow our Community Guidelines which includes the following provisions: Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.

  • Do not post profane or explicit content.
  • Do not post profile pictures that might be considered inappropriate.
  • Do not post communications that could be interpreted as threatening or harassment.
  • Do not post advertise or promote products commercially.
  • If you have started a thread that you want to close, please post a message indicating "THREAD CLOSED." We may determine in our sole discretion whether to close or delete threads.
  • Sifteo has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason Sifteo deems appropriate.

Copyrighted Materials

When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader's information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. If you feel that any content on the Website infringes your copyrights or other intellectual property rights, please contact us.

User Indemnification Of Sifteo

Upon request by us, you agree to defend, indemnify and hold Sifteo and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

User Conduct

If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of Sifteo or third parties, or (e) could cause Sifteo liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your Community Pages. If Sifteo suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Changes to Website

Sifteo may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Sifteo shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.

Third Party Websites

The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. Sifteo suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Sifteo has no liability for any damage or loss of any type that is a result of your use of a third party website.

Content And Warranty Disclaimer

THE WEBSITE IS PROVIDED BY SIFTEO AND ITS AFFILIATES "AS IS." NEITHER SIFTEO NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, SIFTEO AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, SIFTEO DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL SIFTEO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SIFTEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SIFTEO, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. SIFTEO'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

Electronic Contracting

Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

Grant of License

Sifteo grants you the right to install and use copies of its computer software, including but not exclusive to any games or applications, (hereafter referred to as "Siftrunner"), on your computer running a validly licensed copy of the operating system for which Siftrunner was designed [e.g., Windows XP, Windows 7, Windows Vista, Mac 10.5, Mac 10.6]. You may also make copies of Siftrunner as may be necessary for backup and archival purposes.

Description of Other Rights and Limitations

You must not remove or alter any copyright notices on any and all copies of Siftrunner. You may not distribute registered copies of Siftrunner to third parties. You may not reverse engineer, decompile, or disassemble Siftrunner, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend Siftrunner. Sifteo may provide you with support services related to Siftrunner ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of Siftrunner and subject to the terms and conditions of this Terms of Use. You must comply with all applicable laws regarding use of Siftrunner.

Termination

Without prejudice to any other rights, Sifteo may terminate this Terms of Use if you fail to comply with the terms and conditions of this Terms of Use. In such event, you must destroy all copies of Siftrunner in your possession.

Copyright

All title, including but not limited to copyrights, in and to Siftrunner and any copies thereof are owned by Sifteo or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of Siftrunner is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Terms of Use grants you no rights to use such content. All rights not expressly granted are reserved by Sifteo.

Unauthorized Software, Services, or Devices or Unlicensed Accessories

Your Sifteo cubes are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Sifteo cubes. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Sifteo cubes. We are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable or delete any unauthorized software, services or device installed on your Sifteo cubes, for example, by detecting and disabling them through Siftrunner. If we detect unauthorized software, services, or devices, your access to Siftrunner may be disabled and/or the Sifteo cubes may be unplayable.

Updates/Changes

You understand that the Sifteo cubes and Siftrunner are constantly evolving and that we may update or change your Sifteo cubes or Siftrunner in whole or in part, without notice to you. Such updates may be required for you to play new Sifteo games or continue to use Siftrunner. We may also upgrade, change, or terminate the Content or game software or may discontinue offering Products without notice to you.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of California without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Sifteo related to the Website exclusively in a federal or state court of competent jurisdiction sitting in San Francisco County, California, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Sifteo's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Sifteo in writing. These terms and conditions constitute the entire agreement between you and Sifteo with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Representations, Warranties and Covenants. You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.

Amendment. Subject to the termination and refund rights above, you agree that Sifteo reserves the right to amend this Agreement at any time, for any reason, and without notice. Any changes may be posted to the Site or sent to you by email or postal mail.

Third-Party Merchants. The Site may offer you the ability to link to third-party web sites through this Site. All rules, policies and procedures of any third-party apply to you. Sifteo is not responsible for information, goods or services provided by these third-parties and makes no representations or warranties about the goods or services available through third-parties.

Customer Data. You grant Sifteo and its third-party processor the right to use, reproduce, sublicense and distribute your transaction processing information ("Customer Data") for purposes of processing your payment, screening customers and developing certain fraud prevention models. All Customer Data provided shall be subject to a written agreement of Sifteo's third-party processor providing for the restriction on disclosure of any Customer Data to other third-parties except as necessary to perform the limited purposes under this section.

Usage Data. The Product will automatically report to Sifteo usage patterns of the Product, including but not limited to data such as timing and duration of the use of Sifteo applications. Sifteo will use this information to optimize the Product. You agree to freely provide this information to Sifteo.

Legal Name, Address and Communications. Sifteo is owned and operated by Sifteo, Inc., 2475 3rd Street, Suite 252, San Francisco, CA USA. You have the right to receive the legal name and address for Sifteo at your email address. Official correspondence also may be sent via postal mail. Sifteo reserves the right to forward email or postal communications to you for purposes of informing you of changes or additions to the Service or this Agreement.


Last Updated On: Monday March 14, 2011 @ 12:18PM PST