Date Last Modified:
February 28, 2011
Welcome to the Ryzing LLC’s
website located at www.ryzing.com (“Website”) and thank you for
reviewing our Terms of Service. We hope that you will enjoy this
Website. We, or any our subsidiaries and affiliates (collectively,
“Ryzing”) make this Website, including all information,
documents, Content (defined below), files, text, graphics, games, Ryzing
Software (defined below), and audio/visual files (collectively, the
“Service”) available for your use subject to the Terms of Service
set forth below. The Terms of Service spell out what you can expect
an integral part of this Terms of Service and is incorporated into this
These Terms of Service may be
amended from time to time. You agree to check back periodically for
new information and terms that govern your use of the Services. Ryzing
reserves the right to modify the Terms of Service at any time. Revisions
to terms affecting existing Services shall be effective five (5) days
after their posting at our Website. Terms for new Services are effective
immediately upon posting at our Website. Your continued use of
the Website following such changes signified your acceptance of those
modifications. If you do not agree to the changes, your sole remedy
is to cease using the Service. If you breach any of the Terms
of Service or Official Rules (as posted on the Website) of the Service,
your authorization to use the Service automatically terminates.
You may be required to create
a Ryzing Account ("Account") to access and use some Services.
You must be eligible to use the intended part of the Service for which
you seek to create an Account. Eligibility to participate in any
one of Ryzing’s Services is identified in the rules associated with
that Service. Some Services may automatically create an Account
for you if they are accessed via third-party networks, such as Facebook®.
In the event you are asked to provide any information about yourself
in order to establish an Account, you agree to provide truthful and
You are solely responsible
for all activity on your Account. Your Account is not transferable.
Your Account may be terminated if someone else uses it to engage in
activity that violates the Terms of Service or is otherwise improper
or illegal. Under no circumstances shall you allow or permit any other
person or third party, including without limitation any person under
the legal age in your jurisdiction and/or in the jurisdiction where
that person is located, to participate in a game, and in no event any
person under the age of twenty-one years. You should not reveal
your Account password to others. Ryzing will not ask you to reveal your
password, or initiate contact with you asking for answers to your password
2. Privacy and
Your privacy is important to
to Ryzing's collection and use of personal information. You can find
our Service or this Website or submit any personally identifiable information
through the Service. Questions regarding privacy issues should
be directed to our e-mail at 247 [at] ryzing dot com.
our Services may include software, technology, text and other audio
visual material, and the design and appearance of our Websites. Content
may be provided by you or third parties, including other users of Services.
Ryzing does not pre-screen all Content and does not endorse, approve,
or prescreen any Content that you and other users may contribute to
Services, and is not responsible for the accuracy or inaccuracy of the
Content. You bear the entire risk of the completeness, accuracy or usefulness
of Content found on Services.
Ryzing reserves the right to
remove Content that is objectionable to us for any reason. The decision
to remove Content is in our sole and final discretion. To the maximum
extent permitted by applicable law, Ryzing does not assume any responsibility
or liability for Content that is generated by third parties or for any
failure to or delay in removing such Content.
You are solely responsible
for your Content and may be held liable for Content that you post.
4. Intellectual Property
Content within the Services
is owned by Ryzing or Ryzing's third party licensors and is protected
by United States and International copyright, trade dress, patent, and
trademark laws, international conventions, and other laws protecting
intellectual property and related proprietary rights. You may not copy
or download any Content from a Service unless you are authorized to
do so in writing by Ryzing.
You agree not to remove, obscure,
or alter copyright, patent, trademark, or other proprietary rights notices
affixed to Content. You may not to sell, license, distribute, copy,
modify, publicly perform or display, transmit, publish, edit, adapt,
create derivative works from, or otherwise make unauthorized use of
Content. Ryzing reserves all rights in Ryzing-owned and licensed Content
that are not expressly granted to you in this Terms of Service.
Making unauthorized copies
of Content found in Services may result in the termination of your Ryzing
Account(s), prohibition on use of Services, and further legal action.
Content owners may take criminal or civil action against you for unauthorized
use of intellectual property. You agree to indemnify and hold harmless
Ryzing from any unauthorized or illegal conduct by you, or through the
use of your Account, on Services.
B. Notice and Procedure for Making Claims under the Digital
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 this Website in a way that may constitute copyright infringement,
you may provide notice of your claim to our Designated Agent listed
below. For your notice to be effective, it must include the following
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on this Website;
(4) 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;
(5) 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
(6) 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.
Provider’s Designated Agent is:
Attn: Designated Agent
PO Box 85073 #32131
Richmond, VA 23285-5073
247 [at] ryzing dot com
The Designated Agent should
be contacted only if you believe that your work has been used or copied
in a way that constitutes copyright infringement and such infringement
is occurring on this Website. All other inquires to the Designated
Agent will not be answered.
Ryzing may own trademarks for
its Services, including, without limitation, RYZING, and the associated
graphics, logos and service marks are trademarks of Ryzing and may not
be used without prior written consent. All other trademarks, product
names, and company names and logos appearing on the Website are the
property of their respective owners.
5. Contributing Third
Party Content to Services
Ryzing respects the intellectual
property rights of others. You must have the legal right to upload Content
to Services. You may not upload or post any Content on Services that
is protected by copyright, trademark or other intellectual property
rights unless (i) you are the owner of all of those rights; or (ii)
you have the prior written consent of the owner(s) of those rights to
make such use of that Content. Ryzing may, without prior notice to you
and in its sole judgment, remove Content that may infringe the intellectual
property rights of a third party. If you are a repeat infringer of Ryzing's
or a third party's intellectual property rights, Ryzing may terminate
your Account without notice to you. If your Account(s) are terminated,
you are not entitled to a refund for any fees you have paid, and you
will lose access to entitlements and assets associated with your Account
(such as items accumulated within games).
6. Contributing Your
Own Content to Services; License Grant to
Ryzing and Others
In exchange for Ryzing enabling
your contribution of Content, when you contribute Content to a Service,
you expressly grant Ryzing a non-exclusive, perpetual, worldwide, complete
and irrevocable right to quote, re-post, use, reproduce, modify, create
derivative works from, syndicate, license, print, sublicense, distribute,
transmit, broadcast, and otherwise communicate, and publicly display
and perform the Content, or any portion thereof, in any manner or form
and in any medium or forum, whether now known or hereafter devised,
without notice, payment or attribution of any kind to you or any third
party. You grant Ryzing all licenses, consents and clearances to enable
Ryzing to use such Content for such purposes. You waive, and agree not
to assert any moral or similar rights you may have in such Content.
If the Service on which you
contribute Content permits other users to access and use that contributed
Content as part of the Service, than you also grant all other users
of the relevant Service the right to use, copy, modify, display, perform,
create derivative works from, and otherwise communicate and distribute
your contributed Content on or through the relevant Service without
further notice, attribution or compensation to you.
7. Paid Services
Some Services require payment
of a fee. You must have an Account and pay the fees to participate in
FEES ARE PAYABLE IN ADVANCE
AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
In the event that you make a purchase and you are not credited with any or all of the purchased items, you will need to contact Ryzing by either posting your issue to the Support Wall or sending an email using the Premium Customer Support option located in your My Stuff. Ryzing reviews submitted purchase issues Monday-Friday from 9am-5pm ET and may take up to 2 business days to respond to players with a resolution. In the event that Ryzing confirms that you were not credited correctly, your account will be adjusted so that all purchased items show in your inventory.
Ryzing reserves the right to
change its fees or billing methods at any time. If your use of Services
is subject to use or sales tax, then Ryzing may also charge you for
any such taxes, in addition to the subscription or other fees.
A. Payment Options.
You may pay fees using the methods available for the particular Service
and you agree to the terms and conditions applicable to each payment
method you choose. Payment methods may vary by Service. When you provide
credit card or other payment information to Ryzing, you represent to
Ryzing that you are the authorized user of the credit card or other
payment method. You must provide current, complete, and accurate information
for your billing account. Ryzing reserves the right to utilize third
party credit card updating services and identify verification services
to obtain current expiration dates on credit cards provided by you to
Ryzing and verify that information you have provided is true and accurate.
As the Account holder, you
are responsible for all charges incurred, including applicable taxes,
and all purchases made by you or anyone that uses your Account, including
your family or friends. This means that, unless your Account or payment
information is obtained unlawfully or fraudulently by someone other
than those authorized by you to use your Account, you will be responsible
for all usage and purchases on your Account.
8. Termination of Services
Ryzing may terminate any Service
at any time.
Ryzing may also terminate your
Account(s) (and access to all related entitlements) for violation of
these Terms of Service, illegal or improper use of your Account, or
illegal or improper use of our Services, products, or Ryzing's Intellectual
Property. If you have more than one Account, Ryzing may terminate all
of your Accounts and all related entitlements. Ryzing may issue you
a warning, or Ryzing may immediately terminate any and all Accounts
that you have established. You acknowledge that Ryzing is not required
to provide you notice before terminating your Account(s). If Ryzing
terminates your Account, you may not participate in a Service again
without Ryzing's express permission. Ryzing reserves the right to refuse
to keep Accounts for, and provide Services to, any individual. You may
not allow individuals whose Accounts have been terminated by Ryzing
to use your Account.
If your Account, or a particular
subscription for a Service associated with your Account, is terminated,
no refund will be granted; no online time or other credits (e.g., points
in an online game), virtual currency, virtual prizes, or money will
be credited to you or converted to cash or other form of reimbursement,
and you will have no further access to your Account or entitlements
associated with your Account or the particular Service (such as points,
credits or other digital items). The Account and anything within
the Account will belong solely to Ryzing and will be forfeit by you.
9. Rules of Conduct.
You may violate the Terms of Service if you:
Specific Services may also
post additional rules that apply to your conduct on those services.
It is your responsibility to review and abide by any applicable rules.
Ryzing reserves the right to terminate your Account and to prevent your
use of any and all Services if your Account is used to engage in illegal
activity or to violate these Terms of Service.
If you encounter another user
who is violating any of the Terms of Service, please report this activity
to Ryzing using the "Report Abuse" or equivalent functions
in the relevant Service. Please refer responsibly!
10. Software, Utilities
Services may require or allow
you to download software, software updates or patches, or other utilities
and tools from Ryzing or its licensors onto your computer ("Ryzing
Software"). Ryzing grants to you a non-exclusive, limited license
to use Ryzing Software solely for the purpose stated by Ryzing at the
time the Ryzing Software is made available to you. You may not sub-license,
or charge others to use or access Ryzing Software. You may not translate,
reverse-engineer, reverse-compile or decompile, disassemble or make
derivative works from Ryzing Software. You may not modify Ryzing Software
or use it in any way not expressly authorized in writing by Ryzing.
You understand that Ryzing's introduction of various technologies may
not be consistent across all platforms and that the performance of Ryzing
Software and related Services may vary depending on your computer and
From time to time, Ryzing may
provide you with updates or modifications to Ryzing Software. You understand
that certain updates and modifications may be required in order to continue
use the Ryzing Software and Services.
You acknowledge and agree that
you shall not circumvent or attempt to circumvent any of these Terms
of Service, the Service or any games offered through this Website or
otherwise interrupt or attempt to interrupt the operations of the Website
(collectively, a “Circumvention Act”). If we determine, in
our sole discretion, that you have engaged, or attempted to engage,
in any Circumvention Act, use automated technology or otherwise unfairly
alter your chances of winning, or to otherwise commit fraud with regard
to the Website, then, in such an event, you will forfeit all winnings
to which you may otherwise be entitled, and Ryzing reserves the right
to institute civil or criminal proceedings against you and to report
you to the relevant regulatory authorities.
11. Export Control Laws
Ryzing Software may be subject
to United States export controls, and export controls of other jurisdictions.
By downloading or accessing Ryzing Software, you warrant that you are
not located in any country, or exporting Ryzing Software to any person
or place, to which the United States or any other jurisdiction has embargoed
You agree to abide by applicable
export control laws and not to transfer, by electronic transmission
or otherwise, any Content or Ryzing Software subject to restrictions
under such laws to a national destination prohibited by such laws, without
first obtaining, and then complying with, any requisite government authorization.
You further agree not to upload to Services any data or software that
cannot be exported without prior written government authorization, including,
but not limited to, certain types of encryption software. The assurances
and commitments in this Section shall survive termination of this Agreement.
to Services and/or your Account parameters
Ryzing may find it necessary
to change rules or parameters of your Account in Services to balance
game play. These changes may cause you setbacks within the relevant
game. Ryzing reserves the right to make these changes and is not liable
to you for these changes.
13. Limitations on Warranty
You expressly agree that use
of the Website and Service is at your sole risk. Neither Ryzing
nor any of its officers, directors, or employees, agents, merchants,
sponsors, licensors, component suppliers (both hardware and software),
and/or any third party who provides products or services purchased from
or distributed by Ryzing (collectively “Providers”), or the like,
warrant that websites affiliated with Providers, including but not limited
to this Website, will be uninterrupted, error-free, or free of viruses,
worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful
or malicious code, or other defects. The information, products
and services published on this Website may contain inaccuracies or typographical
errors. Ryzing makes no warranty as to the results that may be
obtained from the use of the Website or as to the accuracy, reliability,
or currency of any information content, service, or merchandise provided
through the Website. Furthermore, Ryzing shall not be responsible
for any opinions, views, advice or statements posted on the Service
(including, without limitation, in any public posting areas of the Service)
by any person or entity other than an authorized Ryzing spokesperson.
Advertisers, content providers, other users, guests, independent writers
and experts are not authorized Ryzing spokespersons. At no time
should the opinions, views, advice or statements provided by advertisers,
content providers, other users, guests, independent writers or experts
be relied upon for important personal decisions without independent
YOUR USE OF THIS WEBSITE IS
AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND RYZING SOFTWARE,
IS PROVIDED BY RYZING ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RYZING AND THE
RYZING AFFILIATES (DEFINED BELOW) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING
BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RYZING AND THE RYZING AFFILIATES
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY
OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING
E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED
ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, RYZING DOES NOT
WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE
SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION
OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
RYZING DOES NOT GUARANTEE THE
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED
SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH
BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF RYZING.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT RYZING NOR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS',
OR DIRECTORS' (COLLECTIVELY, "RYZING
AFFILIATES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, RYZING
SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF RYZING HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH
SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED
FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS
CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO RYZING RECORDS, PROGRAMS, OR
SERVICES, AND WHETHER OR NOT RYZING HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH
SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON RYZING’S SERVICES, FROM INABILITY TO USE RYZING’S SERVICES, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF RYZING’S SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY
NOT APPLY TO YOU.
If You are dissatisfied with
any portion of the Services and/or Website, your sole and exclusive
remedy is to discontinue your use of the Services and this Website.
You agree to defend, indemnify
and hold harmless Ryzing and its affiliates, employees, contractors,
officers, directors, vendors, and content providers from all liabilities,
claims and expenses, including attorneys' fees, that arise from a breach
of these Terms of Service for which you are responsible or in connection
with your distribution of any Content on or through Services. Without
limiting the generality of the foregoing, you agree to indemnify and
hold Ryzing harmless for any improper or illegal use of your Account,
including the illegal or improper use of your Account by someone to
whom you have given permission to use your Account. You agree that you
will be personally responsible for your use of Services and for all
of your communication and activity on Services, including any Content
you contribute, and that you will indemnify and hold harmless Ryzing,
its affiliates, employees, officers, and directors from any liability
or damages arising from your conduct on Services, including any Content
that you contribute.
Ryzing reserves the right,
at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you. In that event, you
shall have no further obligation to provide indemnification to Ryzing
in that matter. This Section shall survive termination of this Terms
15. Links to Third-Party
Services may include hyperlinks
to web sites operated by third parties including advertisers and other
content providers. Those sites may collect data or solicit personal
information from you. You agree that Ryzing does not control such web
sites, and is not responsible for their content, privacy policies, or
for the collection, use or disclosure of any information those sites
may collect. Ryzing encourages you to examine the privacy policies
16. General Terms
17. Entire Agreement
The Terms of Service (including
a particular game, activity, contest, or sweepstakes constitute the
entire agreement between you and Ryzing relating to your rights and
obligations in the use of Services. If there is any conflict between
the Terms of Service and any other rules or instructions posted on a
Service, Ryzing shall resolve the conflict in its sole discretion.
Visit www.ryzing.com and visit
this site regularly for updates to Ryzing’s Terms of Service.
You are reminded
to print all transaction data, payment methods and these Terms of Service
in order to avoid misunderstandings at a later time.
TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO
LEGAL OR CONTRACTUAL EFFECT.
These Terms and Conditions may be changed at any time, without prior notice.