Updated January 1, 2015
These Terms apply to all customers, visitors, users, and others who view the Services ("Users"), including Users who are also contributors of images, video, information, and other materials (“Content”) on the Services. The Services may contain links to third-party websites that are not owned or controlled by FableLabs. FableLabs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FableLabs will not censor the content of any third-party site. By using the Services, you expressly relieve FableLabs from any and all liability arising from your use of any third-party website.
How to Use Our Services
- FableLabs hereby grants you permission to use the Services as set forth in this Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without FableLabs's prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms.
- In order to use our Services, you will have to create an account with accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may never use another's account without permission. You must notify FableLabs immediately of any breach of security or unauthorized use of your account. Although FableLabs will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FableLabs or others due to such unauthorized use. Users may not access this Service from multiple accounts.
- You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
- You agree to be bound by any application, forum, or game specific rules published within the Service.
- FableLabs may permanently terminate, suspend, or refuse to permit Users access to the Services without notice and liability, if, in FableLabs's sole determination, User violates any of the Terms. FableLabs reserves the right to terminate accounts that have been inactive for 180 consecutive days. Upon termination for any reason, User continues to be bound by this Agreement.
- You and your activities on the Service will not:
- use or launch any automated system;
- collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Services with respect to their User created Content;
- use the Services for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person's view, objectionable;
- submit, transmit, promote or distribute information or content that is illegal;
- make improper use of FableLabs’s support services or submit false reports of abuse or misconduct;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
- take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- upload invalid data, viruses, worms, or other software agents through the Services;
- reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- impersonate any other party;
- submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; or,
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
- bypass the measures we may use to prevent or restrict access to the Services;
- create user accounts by automated means
- engage in cheating or any other activity deemed by FableLabs to be in conflict with the spirit or intent of the Service.
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by FableLabs and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. FableLabs, the FableLabs logos, and all game names are trademarks of and may not be used without the express written permission of FableLabs.
- You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
- You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of FableLabs.
- All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to FableLabs in connection with the use of the Service shall be the exclusive property of FableLabs. You agree that unless otherwise prohibited by law may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
- You are granted a limited revocable license to post images from your account, within the Service, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to FableLabs, (ii) does not criticize or injure FableLabs, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). FableLabs may revoke this limited license, in whole or in part, upon notice.
In-Game Goods and Currencies
- The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from FableLabs for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from FableLabs or any other party.
- Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
- FableLabs has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and shall have no liability to you or anyone for the exercise of such rights. FableLabs has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and FableLabs shall have no liability to you or anyone for the exercise of such rights.
- Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from FableLabs Service and possible legal action.
- You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in FableLabs's sole and absolute discretion, or if FableLabs discontinues providing the Service.
- The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to FableLabs and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to FableLabs will be treated as non-confidential and non-proprietary.
- You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without FableLabs incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to FableLabs the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
- FableLabs has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but FableLabs does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
- FableLabs has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. FableLabs may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that FableLabs reserves the right to treat User Content as content stored at the direction of users for which FableLabs will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to FableLabs's attention.
- You acknowledge that you do not rely on FableLabs to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
- FableLabs does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, FableLabs specifically disclaims any responsibility with regard thereto.
- You agree that your use of and conduct on the Service shall be lawful and your User Content will not:
- include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
- promote violence or describe how to perform a violent act;
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
- be in violation of these Terms or the game rules of conduct (collectively "Content Restrictions").
Complaints or Notices
- The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to FableLabs's Designated Agent listed beloW. For your notice to be effective, it must include the following information:
- A description of the copyrighted work that you claim has been infringed upon;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of where the material that you claim is infringing is located on this game;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A statement by you that you have a good-faith belief that the disputed use 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.
FableLabs's Designated Agent is:
645 Harrison St. Suite 200
San Francisco, CA 94107
Limitations and Disclaimers
- 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 FableLabs and hereby agree to indemnify FableLabs 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.
- YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER FableLabs NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "FableLabs PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE FableLabs PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE FableLabs PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FableLabs PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- UNDER NO CIRCUMSTANCES WILL THE FableLabs PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FableLabs IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
- You agree to defend, indemnify and hold harmless the FableLabs Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
Governing Law / Waiver of Injunctive Relief / Severability
- This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Francisco County, California.
- The Services are controlled and offered by FableLabs from its facilities in the United States of America. FableLabs makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- You acknowledge that the rights granted and obligations made hereunder to FableLabs are of a unique and irreplaceable nature, the loss of which shall irreparably harm FableLabs and which cannot be replaced by monetary damages alone so that FableLabs shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
- Binding Arbitration. If you and FableLabs are unable to resolve a Dispute through informal negotiations, either you or FableLabs may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, FableLabs will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and FableLabs may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and FableLabs agree that any arbitration shall be limited to the Dispute between FableLabs and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. You and FableLabs agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or FableLabs’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
- No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and FableLabs's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. FableLabs reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. You and FableLabs agree that any cause of action arising out of or related to the Services must commence within ONE (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
- Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and FableLabs agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to
645 Harrison St. Suite 200
San Francisco, CA 94107