Terms of Service

Effective as of: January 18, 2012

Thank you for visiting Rumpus Inc.!

These Terms of Service (the “Terms”) govern your access to and use of Rumpus Inc. (“Rumpus”, “We” or “our”) applications, websites (“Site”) and services (collectively, the “Service”), so please read these terms carefully before using the Services. By accessing or using our Service, you agree to be bound all of the terms and conditions described in these Terms. If you do not understand or do not agree to all of these Terms, do not use our Service. Use of our Service is void where prohibited.

1. Your Acceptance of the Terms of Service

By registering for an Account or otherwise using the Service, you represent that (1) you are age 14 or older, and if you are between the ages of 14 and 18, your legal guardian has reviewed and agrees to these Terms of Service, (2) you understand and agree to these Terms of Service, and (3) you have the power to form a binding contract with Rumpus and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

Our Service exists on a number of different platforms. Please be aware that your activities on each of these platforms are also subject to the terms of service for that platform.

2. Modification of our Services or Terms of Services

Rumpus reserves the right, in its sole discretion and at any time, to modify, discontinue or terminate the Service, or modify these Terms of Service without prior notice or liability to you. All modified terms and conditions will be effective after they are posted on the Service (unless a longer notice period is required by applicable law). By continuing to access or use the Service after Rumpus makes any such revision, you agree to be bound by the revised Terms of Use. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Service, and if applicable, cancel your Rumpus account. You agree that Rumpus shall not be liable to you or to any third-party for any change or modification to these Terms of Service.

3. Intellectual Property Rights and Ownership

a. Content.

You may access and use the Site, Services and Content for your own personal non-commercial use. “Content” means all software, communications, images, sounds, and material perceived or made available by the Service including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Service, are the sole and exclusive property of Rumpus or its licensors. Rumpus may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. Rumpus and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Rumpus, its logos, and the Service’s names are trademarks of Rumpus and may not be used without Rumpus’ express written permission.

You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Rumpus or any other third party. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Rumpus. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Service (other than your User Submissions).

If you provide Rumpus with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of Rumpus, and you hereby assign all rights, title and interest in and to such Feedback to Rumpus. You agree that unless otherwise prohibited by law, Rumpus may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

b. User Submissions.

(i) License Grant. The Service may invite or enable you and other users to create, submit, post, display, transmit, perform or distribute communications, content and materials (including without limitation text, writings, graphics, photographs, images, comments, personally identifiable information, video files and so forth), including without limitation, by making the foregoing available to Rumpus and other users of the Service, whether via discussion groups, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). You are entirely responsible for all User Content you post or otherwise transmit via the Service. By uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Content to Rumpus on the Service, you hereby grant Rumpus a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content in any form, medium or technology now known or later developed, including without limitation on the Service and third party services. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Rumpus. Rumpus shall own all right, title and interest in and to all derivative works and compilations of User Content that are created by Rumpus, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Rumpus to give to Rumpus the full benefit of the rights granted to Rumpus by you.

(ii) Limitations. You acknowledge and agree that Rumpus may, at its option, establish limits concerning User Content, including without limitation the maximum number of days that User Content will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on Rumpus’ servers. Rumpus shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions.

(iii) Disclaimer. Rumpus assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct. Rumpus has no obligation to accept, display, review, maintain or otherwise exploit any User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or permanently remove any User Content without notice and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. Rumpus does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rumpus with respect thereto. You may bring User Content that you believe violates these Terms of Service, or other inappropriate user behavior, to Rumpus’ attention by emailing service@rumpus.com.

4. Third Party Links

Rumpus may provide links to third party applications, websites or resources from the Service. You acknowledge and agree that Rumpus is not responsible or liable for the availability or accuracy of such applications, websites or resources, and Rumpus does not endorse, such applications, websites or resources or the content, products, or services on or available from such applications, websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

5. Registration

In order to access certain features of the Service, we may require each user have a unique user name and password combination and become a “Member.” Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. As part of the registration process for the Service, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. Rumpus is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns. Passwords are issued on a personal basis. Accordingly, all content or instructions transmitted by or received from anyone presenting your password on the Service will be deemed binding on you. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. You shall immediately notify Rumpus of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.

This Site and Service are not intended for use by children under 13. If you are a minor over the age of 13, please seek consent from a parent or legal guardian before accessing the Games. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at privacy@rumpus.com. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.

6. Virtual Currencies / Goods

The Service may include an opportunity to purchase virtual currency (“Virtual Currency”) or virtual goods (“Virtual Goods”) that may require you to pay using legal tender (that is, “Real Money”) to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, transferrable, exchangeable, except in Rumpus’ sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.

Rumpus retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. Rumpus shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable permission to use solely permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Rumpus. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

7. Rules of Conduct

As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. The Service is for your personal and noncommercial use only.
You agree you will not do any of the following while using or accessing the Site or Services:

Create User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or ethnically offensive, or which may or may appear to impersonate anyone else;
Create or share any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Create or share any content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content.
Use any meta tags or other hidden text or metadata utilizing a Rumpus name, trademark, URL or product name;
Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
Upload, share, email, or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission in necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
Upload, share, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation;
Upload, share, email, or otherwise transmit, via the Service, any User Content that are unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Rumpus;
Upload, share, email, or otherwise transmit any User Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Upload, share, email, or otherwise transmit any User Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content;
Upload, share, email, or otherwise transmit unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.
Interfere with or disrupt (or attempt to interfere with or disrupt) the Service or servers or networks connected to the Service, or the technical delivery systems of Rumpus’ providers or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Attempt to probe, scan or test the vulnerability of any Rumpus system or network or breach or impair or circumvent any security or authentication measures protecting the Service;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
Collect or store personal data about other users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud;
Use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
Create any account by automated means or false pretenses, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
Participate in any action that, in Rumpus’ sole and absolute opinion, results or may result in an authorized user of the Service being defrauded out of virtual currency or virtual goods that the user has earned through authorized game play in the Service;
Sell the Service or any part thereof including but not limited to virtual currency or virtual goods, user accounts and access to them in exchange for real currency or items of monetary value; or
Engage in cheating or any other activity deemed by Rumpus to be in conflict with the spirit or intent of the Service.
Violate any applicable law, regulation, or ordinance; or
Use the Site or Services in any manner not permitted by this Agreement.

8. Copyrighted Materials: No Unauthorized Use

YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Rumpus has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Rumpus Members who infringe or are believed to be infringing the rights of copyright holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rumpus’ Copyright Agent listed below with the following information required under 17 U.S.C. § 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rumpus to locate the material;
Information reasonably sufficient to permit Rumpus to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
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
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.

Rumpus’ Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Upon receipt of notice as described above, Rumpus will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the Rumpus Member’s account.

9. Termination

You may terminate your account at any time and for any reason by sending an email to service@rumpus.com.
Rumpus may terminate your account and your access to the Service (or, at Rumpus’ sole option, applicable portions of the Service) at any time and for any reason. Rumpus is not required to provide you with any notice or warning prior to any such termination.
You may, as the result of termination, lose your account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable and Rumpus is under no obligation to compensate you for any such loss.

10. Disclaimer of Warranties

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. RUMPUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Rumpus disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Rumpus, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL RUMPUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS OR AGENTS, BE LIABLE TO DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, CONTENT AND USER CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT RUMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

12. Indemnification

You agree to defend, indemnify, and hold Rumpus, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

13. Disputes with Others

You are solely responsible for your interaction with other users of the Service and other parties with whom you come in contact through the Service. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Rumpus and hereby agree to indemnify Rumpus from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

14. General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Rumpus and any prohibited assignment will be null and void. Rumpus may assign these Terms of Use or any rights hereunder without your consent. The relationship of the parties under this Terms of Use is that of independent contractors, and this Terms of Use will not be construed to imply that either party is the agent, employee, or joint venturer of the other. This Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Terms of Use will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Terms of Use and the rules, restrictions and policies contained herein, and Rumpus’ enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Rumpus. This Terms of Use together with the rules and policies of Rumpus constitutes the entire agreement between Rumpus and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by Rumpus via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to service@rumpus.com or to such other addresses as Rumpus may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

15. Feedback

Your feedback is welcome and encouraged. You may submit feedback by emailing us at service@rumpus.com. You agree, however, that (i) by submitting unsolicited ideas to Rumpus or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Rumpus or any of its employees or representatives automatically become the property of Rumpus. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to Rumpus together with all intellectual property rights therein.

If you have questions about these Terms of Use or about the Services, please contact Rumpus at service@rumpus.com or by sending a written request to:

Rumpus, Inc.
550 Fifteenth Street, Suite 32
San Francisco, CA 94103
Email: service@rumpus.com