By using Random Bytez's products, software, services or web sites, including
but not limited to the software application BabblePageTM, ("Random
Bytez Services"), you agree to the following terms and conditions, and any
policies, guidelines or amendments thereto that may be presented to you from
time to time, including but not limited to Program Policies and Legal Notices
(collectively, the "Terms"). We may update the Terms in the future, and you
will be able to find the most current version of this agreement at
http://www.randombytez.com/terms.html.
1. USE OF SERVICES
Random Bytez LLC, its subsidiaries and affiliated companies ("Random Bytez")
offer Random Bytez Services to you, provided that you are over the age of 13
and are not a person barred from receiving services under the laws of the
United States or other applicable jurisdiction. In order to access certain
services, you may be required to provide current, accurate identification,
contact, and other information as part of the registration process and/or
continued use of Random Bytez Services. You are responsible for maintaining
the confidentiality of your account password and are responsible for all
activities that occur under your account. You agree to immediately notify
Random Bytez of any unauthorized use of your password or account or any other
breach of security. Random Bytez cannot and will not be liable for any loss or
damage arising from your failure to provide us with accurate information or to
keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, messages, or other materials
("Content") are the sole responsibility of the person from which such Content
originated. Random Bytez reserves the right, but shall have no obligation, to
pre-screen, flag, filter, refuse, modify or move any Content available via
Random Bytez Services. You understand that by using Random Bytez Services you
may be exposed to Content that is offensive, indecent or objectionable, and
that you use Random Bytez Services at your own risk.
You agree that you are responsible for your own conduct and any Content that
you create, transmit or display while using Random Bytez Services and for any
consequences thereof. You agree to use Random Bytez Services only for purposes
that are legal, proper and in accordance with the Terms and any applicable
policies or guidelines. You agree that you will not engage in any activity
that interferes with or disrupts Random Bytez Services or servers or networks
connected to Random Bytez Services. To report any activity or Content that may
violate the Terms, please go to
http://www.randombytez.com/contact.html.
In addition to this Agreement, your use of some specific Random Bytez Services
is governed by the policies or guidelines specific to those services and which
are specifically incorporated into this agreement.
Users outside of the United States agree to comply with their own local rules
regarding online conduct and acceptable content, including laws regulating the
export of data to and from the United States or your country of residence.
3. RANDOM BYTEZ PRIVACY POLICY
For information about our data protection practices, please see our Privacy
Policy at
http://www.randombytez.com/privacy.html.
By using Random Bytez Services, you acknowledge and agree that Random
Bytez may access, preserve, and disclose your account information and any
Content associated with that account if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably
necessary to: (a) satisfy any applicable law, regulation, legal process or
enforceable governmental request, (b) enforce the Terms, including
investigation of potential violations hereof, (c) detect, prevent, or
otherwise address fraud, security or technical issues (including, without
limitation, the filtering of spam), or (d) protect against imminent harm to
the rights, property or safety of Random Bytez, its users or the public as
required or permitted by law.
You understand that the technical processing and transmission of Random Bytez
Services, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks, devices or services.
4. PROPRIETARY RIGHTS
Random Bytez's Rights
You acknowledge and agree that Random Bytez Services and any necessary
software used in connection with Random Bytez Services ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws and treaties. You further acknowledge and
agree that Content contained in sponsor advertisements or presented to you
through Random Bytez Services is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Random Bytez or other proper third party rights holders, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on Content, Random Bytez Services or Software, in whole or in part
except as specifically authorized in a separate written agreement.
Subject to the Terms, Random Bytez grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software, unless
such activity is expressly permitted or required by law or has been expressly
authorized by Random Bytez in writing. You agree not to use modified versions
of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to Random Bytez Services. You agree not to use automated
scripts to collect information from or otherwise interact with the Services or
the Site. You agree not to access Random Bytez Services by any means other
than through the interface that is provided by Random Bytez for use in
accessing Random Bytez Services except as specifically authorized in a
separate written agreement.
Except as expressly authorized by Random Bytez you agree not to use, copy,
imitate, or incorporate any trademark, service mark, trade dress, company
name, or product name in a way that is likely to cause confusion among
consumers. You also agree not to remove, obscure, or alter Random Bytez's or
any third party's copyright notice, trademarks, or other proprietary rights
notices affixed to or contained within or accessed in conjunction with or
through the Random Bytez Services or Software.
Your Rights
Random Bytez claims no ownership or control over any Content submitted, posted
or displayed by you on or through Random Bytez Services. You or a third party
licensor, as appropriate, retain all patent, trademark and copyright to any
Content you submit, post or display on or through Random Bytez Services and
you are responsible for protecting those rights, as appropriate. By
submitting, posting or displaying Content on or through Random Bytez Services
which are intended to be available to the members of the public, you grant
Random Bytez a worldwide, non-exclusive, royalty-free license to reproduce,
adapt, modify, publish and distribute such Content on Random Bytez Services
for the purpose of displaying, distributing and promoting Random Bytez
Services. Random Bytez reserves the right to syndicate Content submitted,
posted or displayed by you on or through Random Bytez Services and use that
Content in connection with any service offered by Random Bytez. Random Bytez
furthermore reserves the right to refuse to accept, post, display or transmit
any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content submitted.
5. SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Random Bytez will be governed by the
Terms and any additional terms and conditions of the end user license
agreement accompanying such Software. Random Bytez Software may automatically
report version number or other diagnostic information and may automatically
download upgrades to the Software to update, enhance and further develop
Random Bytez services, including providing bug fixes, patches, enhanced
functions, missing plug-ins and new versions.
6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply
with the United States' Digital Millennium Copyright Act or other applicable
law and to terminating the accounts of repeat infringers. Any use of Random
Bytez's trade names, trademarks, service marks, logos, domain names, and other
distinctive brand features must be in compliance with the Terms and only with
express written permission from Random Bytez.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Random Bytez has no responsibility or liability for the
deletion or failure to store any Content and other communications maintained
or transmitted by Random Bytez Services.
Upon the termination of your use of Random Bytez Services, including upon
receipt of a certificate or other legal document confirming your death, Random
Bytez will close your account and you will no longer be able to retrieve
Content contained in that account.
8. PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of Random Bytez Services, use of
Random Bytez Services, or access to Random Bytez Services except as otherwise
expressly provided in the Terms or as specifically authorized in a separate
written agreement.
9. MODIFICATIONS TO SERVICE
Random Bytez reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, Random Bytez Services (or any part
thereof) with or without notice. You agree that Random Bytez shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of Random Bytez Services.
10. TERMINATION
You may discontinue your use of Random Bytez Services at any time. You agree
that Random Bytez may at any time and for any reason, including a period of
account inactivity, terminate your access to Random Bytez Services, terminate
the Terms, or suspend or terminate your account. In the event of termination,
your account will be disabled and you may not be granted access to Random
Bytez Services, your account or any files or other content contained in your
account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of
Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations)
and 19 (including choice of law, severability and statute of limitations), of
the Terms, shall survive expiration or termination.
11. ADVERTISEMENTS
Some Random Bytez Services are supported by advertising revenue and may
display advertisements and promotions on the service. Such advertisements may
be targeted to the content of information stored on the Random Bytez Services.
The manner, mode and extent of advertising by Random Bytez on its services are
subject to change. As consideration for your use of Random Bytez Services, you
agree that Random Bytez may place such advertising and that Random Bytez shall
not be responsible or liable for any loss or damage of any sort incurred by
you as a result of the presence of such advertisers on Random Bytez Services
or your subsequent dealings with advertisers.
12. LINKS
Random Bytez Services may provide, or third parties may provide, links to
other World Wide Web sites or resources. Random Bytez may have no control over
such sites and resources and you acknowledge and agree that Random Bytez 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 Random Bytez 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. INDEMNITY
You agree to hold harmless and indemnify Random Bytez, and its subsidiaries,
affiliates, officers, agents, employees, advertisers, licensors, suppliers or
partners, (collectively "Random Bytez and Partners") from and against any
third party claim arising from or in any way related to your use of Random
Bytez Services, violation of the Terms or any other actions connected with use
of Random Bytez Services, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. In such a
case, Random Bytez will provide you with written notice of such claim, suit or
action.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
-
YOUR USE OF RANDOM BYTEZ SERVICES IS AT YOUR SOLE RISK. RANDOM BYTEZ
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, RANDOM BYTEZ AND PARTNERS EXPRESSLY
DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
-
RANDOM BYTEZ AND PARTNERS DO NOT WARRANT THAT (i) RANDOM BYTEZ SERVICES
WILL MEET YOUR REQUIREMENTS, (ii) RANDOM BYTEZ SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF RANDOM BYTEZ SERVICES WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH RANDOM BYTEZ
SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
-
ANY MATERIAL OBTAINED THROUGH THE USE OF RANDOM BYTEZ SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 RANDOM BYTEZ OR THROUGH OR FROM RANDOM BYTEZ SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RANDOM BYTEZ AND PARTNERS 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 RANDOM BYTEZ OR
PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE RANDOM BYTEZ SERVICES; (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 RANDOM BYTEZ SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON RANDOM BYTEZ SERVICES; OR (v) ANY
OTHER MATTER RELATING TO RANDOM BYTEZ SERVICES.
16. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION,
WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE
CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS
IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU
AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there
shall be no third party beneficiaries to the Terms.
18. NOTICE
You agree that Random Bytez may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on Random
Bytez Services.
19. GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or
amendments that may be presented to you from time to time such as Program
Policies and Legal Notices) constitute the entire agreement between you and
Random Bytez and govern your use of Random Bytez Services, superseding any
prior agreements between you and Random Bytez for the use of Random Bytez
Services. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other Random Bytez Services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and
Random Bytez shall be governed by the laws of the State of Washington without
regard to its conflict of law provisions. You and Random Bytez agree to submit
to the personal and exclusive jurisdiction of the courts located within King
County, Washington.
Waiver and Severability of Terms. The failure of Random Bytez to
exercise or enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms 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 Terms 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 use
of Random Bytez Services or the Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal
or contractual effect.
