Terms of Service
Razz, Inc. Privacy Policy
Razz, Inc. recognizes that its customers, visitors, users, and others who use http://www.razz.com or other web sites owned or operated by Razz, Inc. (the "Razz Site") (collectively or individually "Users") value their privacy. This Privacy Policy details important information regarding the use and disclosure of User information collected on the Razz Site. Razz, Inc. provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Razz Site. This Privacy Policy is incorporated into and is subject to the Razz, Inc. Terms of Use. Your use of the Razz Site and any personal information you provide on the Razz Site remain subject to the terms of this Privacy Policy and our Terms of Use. Please note that any audio, image, video, or other content posted (the "Postings") at the direction of Users onto the Razz Site becomes published content and is not considered personally identifiable information subject to this Privacy Policy.The Information Razz, Inc. Collects:
1. User Provided Information: You provide certain personally identifiable information (such as your name and email address) to Razz, Inc. when choosing to participate in various activities on the Razz Site such as, but not limited to, uploading audio, videos, posting messages in our forums, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
Cookies Information: When you visit the Razz Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Razz, Inc. uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Razz Site may not function properly if the ability to accept cookies is disabled. Log File Information: Log file information is automatically reported by your browser each time you view a web page. When you register with or view the Razz Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Clear Gifs Information: When you use the Razz Site, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously. No personally identifiable information from you Razz, Inc. account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Razz, Inc. Site better for our Users.
The Way Razz, Inc. Uses Information:
If you submit personally identifiable information to us through the Razz Site, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Razz Site. Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your display name (not your email address) may be displayed to other Users when you upload audio clips, images or videos or send messages through the Razz Site and other Users can contact you through messages and comments. Any images, audio clips, videos or other content that you submit to the Razz Site may be redistributed through the Internet and other media channels, and may be viewed by the general public. We may use your email address for non-marketing or administrative purposes (such as notifying you of major Razz, Inc. Site changes, new messages in your inbox, or for customer service purposes). We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Razz Site and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Razz Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) track your entries, submissions, and status in promotions, sweepstakes, and contests; (f) diagnose or fix technology problems reported by our Users or engineers that are associated with the IP addresses controlled by a specific web company or ISP; and (g)access you information after you sign in.
When Razz, Inc. Discloses Information:
We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Razz Site. Razz, Inc. May share personally-identifiable information and/or non-personally-identifiable information with third party-affiliates and business partners for the purpose of offering greater functionality and enhanced services through Razz, Inc. or other sites, and for the purpose of communicating these services to you. We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
It may be necessary to share information in order to investigate, prevent, or take action regarding suspected or actual illegal activities, including but not limited to, fraud, potential threats to public safety or the physical safety of any person, violations of our Terms of Use, or as otherwise permitted by law.
Razz, Inc. also reserves the right to disclose personally identifiable information and/or non-personally identifiable information that Razz, Inc. believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our the Razz Site, and to exercise or protect the rights, property, or personal safety of Razz, Inc., our Users or others.
Your Choices:
You may, of course, decline to submit personally identifiable information through the Razz Site, in which case Razz, Inc. may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files uploaded by Users to the Razz Site cannot be removed and remain subject to our Terms of Use.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact Razz, Inc. with any questions or comments about this Privacy Policy at support at razz dot com
Third-party Advertisers, Links to Other Sites:
Razz, Inc. allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Razz Site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Razz Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. Razz, Inc. does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Razz, Inc. to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.
You should consult the respective privacy policies of these third-party ad servers or ad networks. The Razz, Inc. privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
Our Commitment To Data Security:
Razz, Inc. uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Razz, Inc. and you do so at your own risk. Once we receive your transmission of information, Razz, Inc. makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Razz, Inc. learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Razz, Inc. may post a notice on the Razz Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using this contact form.
Our Commitment To Children's Privacy:
Protecting the privacy of young children is especially important. For that reason, Razz, Inc. does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Razz Site from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Razz Site at any time or in any manner. If Razz, Inc. learns that personally identifiable information of persons under 13 years of age has been collected on the Razz Site without verified parental consent, then Razz, Inc. will take the appropriate steps to delete this information.
We recommend that minors over the age of 13 ask their parents or guardians for permission before sending any personal information to anyone over the Internet.
International Users:
If you are a User accessing the Razz Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Razz Site, which are governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
In the Event of Merger, Sale, or Bankruptcy:
In the event that Razz, Inc. is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and Updates to This Privacy Policy:
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided. Your continued use of the Razz Site constitutes your agreement to this Privacy Policy and any future revisions.
For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
Date Last Modified:
This Privacy Policy was last modified August 13, 2007.
Contact Information:
Please contact Razz, Inc. with any questions or comments about this Privacy Policy or the Razz Site by emailing support at razz dot com.
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Terms of Use Agreement
Your Acceptance of this AgreementThis Terms of Use Agreement (this "Agreement") is made as of this day, by and between Razz, Inc., a Delaware corporation (the "Company"), and you or your entity. This Agreement sets forth the terms and conditions that apply to your access of the Internet websites owned and operated by the Company and its affiliates, including, but not limited to, the website located at URL http://www.razz.com/ (the "Razz Site") as well as your viewing or use of the services provided through or in connection with the Razz Site, the Content and/or Technology (as defined below). You agree to be bound by the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which the Company, in its sole discretion, may make in the future. The Company's Privacy Policy, published at http://www.razz.com/privacy is incorporated herein by reference. Each time you use the Razz.com Site, you agree to be bound by the following Terms of Use and the Privacy Notice. If you do not agree with the terms and conditions of this Agreement, you are not authorized to access, view or use the Razz Site, Content and/or Technology.
Your Compliance with this Agreement
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. By your use of the Razz Site, you affirm that you are either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Razz Site are not intended for children under 13. If you are under 13 years of age, then please do not use the Razz Site. There are lots of other great websites for you. Talk to your parents about what websites are appropriate for you. We recommend that minors over the age of 13 ask their parents or guardians for permission before using or visiting the Razz Site or sending any personal information to anyone over the Internet.
Content and Technology
Subject to the terms of this Agreement, as set forth below, the Company may provide you with entertainment content, such as sounds, music, voice clips and other information data (the "Content"), as well as technology to aggregate, modify and/or distribute the Content (the "Technology"). You shall not use the Content or Technology in any manner other than for personal, non-commercial use. You shall not attempt to or otherwise authorize, encourage or support others' attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Razz Site, Content or Technology in any manner. You acknowledge that the Content and Technology are owned by the Company, its affiliates or licensors and are protected by intellectual property laws.
Your Access and Use of the Razz Site
Any action by you that, in the Company's sole discretion: (i) violates the terms and conditions of this Agreement; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Razz Site, the Content and/or the Technology; or (iii) through the use of the Razz Site or any Content and/or Technology, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Razz Site, the Content and/or the Technology. You shall not Metatag, provide links to or frame the Razz Site without the prior express written permission of the Company or in a manner consistent with the use of the Technology.
You agree that the Company, at its sole discretion, may at any time terminate your access to visit, use and/or submit Postings to the Razz Site or use of the Content and/or Technology, if the Company believes that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Razz Site under any provision of this Agreement, Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Razz Site. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Razz Site.
Postings to the Razz Site
The Razz Site may now or in the future permit the submission of images, sounds, videos or other communications submitted by you or other users (the "Postings") and the hosting, sharing, and/or publishing of such Postings. You shall be solely responsible for your own Postings and the consequences of posting or publishing them. In connection with your Postings, you represent and warrant to the Company that you own all of the rights in and for, or that you have a valid license for any and all Postings to the Razz Site. For clarity, you shall retain all of your ownership rights in your Postings, however, if you post information to the Razz Site that is not Federally trademarked and/or copyrighted, you automatically grant the Company and its affiliates the worldwide, fully-paid, royalty-free, non-exclusive, sub-licensable right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
Your Postings to the Razz Site shall not contain:
- Information that infringes the Company's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to the Company or third parties or that infringes on the Company's or any third party's rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, Cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from the Company; or
- Federally Trademarked and/or Copyrighted information without written permission from the Company.
Copyright Notification
In particular, if you are a copyright owner or an agent thereof and believe that any Postings or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted 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 that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Razz's designated Copyright Agent to receive notifications of claimed infringement is:
Attn: General Counsel, Razz, Inc. 208 Utah St. Suite 210, San Francisco, CA 94103 email: info at razz dot com
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Interruption of the Razz Site, Technology
The Company permits you to link to the Content and Technology hosted on the Razz Site for personal, non-commercial purposes only. You understand that the Content and Technology, whether or not linked or embedded into other websites, are provided to you only on an as-available basis. Your access and use of the Razz Site and / or Technology may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Razz Site or other actions that the Company, in its sole discretion, may elect to take. The Company reserves the right to suspend or discontinue the availability of the Razz Site and/or Technology and/or any portion or feature therein at any time in its sole discretion and without prior notice.
The Company's Intellectual Property Rights
The names "Razz, Inc.", "Razz", "Razz" and the Company's graphics, logos, page headers, button icons, scripts and service names are copyrights, service marks, trademarks and/or trade dress of the Company or its affiliates, in the United States and/or other countries (collectively, the "Proprietary Marks"). The Proprietary Marks may not be used by you other than in a manner consistent with the use of the Technology or with the prior express written permission of the Company, which permission may be withheld in the Company's sole discretion. The Company makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Razz Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The proprietary information, data, software, Content and/or Technology, available at the Razz Site and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or practice in connection with any Content and/or Technology, including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, the Company or its Content suppliers. The Company also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used in developing, presenting or functioning of the Razz Site (the "Software") is the property of the Company or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of the Company's or any third party's intellectual property rights regarding the Proprietary Marks, the Content, the Collective Work, the Technology, the Software and/or any other harm incurred by the Company or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Access and Interference
Much of the information on the Razz Site is updated on a real time basis and is proprietary or is licensed to the Company by the Company's users or third parties. You agree that you will not use any robot, spider, scraper, deep link or other similar automated device, program, algorithm or methodology to access, acquire, copy or monitor the Razz Site or any portion of the Razz Site for any other purpose, without the Company's express written permission. Additionally, you agree that you will not take any action that imposes, or may impose in the Company's sole discretion an unreasonable or disproportionately large load on the Company's infrastructure. The Company grants the operators of public search engines permission to use spiders to copy materials from the Razz Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases.
Electronic Communications
When you visit the Razz Site or send email to the Company, you are communicating with the Company electronically. You consent to receive communications from the Company electronically by e-mail or by posting notices on the Razz Site. You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibilities and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Razz Site and the Content and/or Technology, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Razz Site, the Content and/or Technology. You shall ensure that your equipment and/or software necessary to access and use the Razz Site, the Content and/or Technology do not disturb or interfere with the Company's operations. The Company reserves the right to immediately disconnect from the Razz Site any equipment or software causing interference with the Company, the Content and/or the Technology, with no notice to you. If any upgrade in or to the Razz Site requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by the Company, any new or additional features that augment or enhance the current Razz Site, including the release of new products and services, shall be subject to the terms and conditions of this Agreement. The Company shall not be responsible for any interference or damage caused to your equipment and/or software as a result of your use of the Razz Site, the Content and/or the Technology.
Third Party Links, Products and Services
There may be provided on the Razz Site links to other websites belonging to the Company's advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by the Company of those websites, nor the products or services listed on those websites. The Company is not responsible for the activities or policies of those websites. The Company may also make available products and services of such third parties directly on the Razz Site, which third party services shall be purchased and/or obtained by you directly from such third party. You acknowledge and agree that the Company shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. By using the Razz Site, you expressly relieve the Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Razz Site and to read the Terms of Use and Privacy Policy of each other website that you visit.
Razz Makes No Representations or Warranties Regarding the Content
The Company makes no representations or warranties of any kind, express or implied, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, as to the operation of the Razz Site, the Content and/or Technology. The Content and/or Technology is provided to you on an "as-is" and "as available" basis. the Company does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content and/or Technology, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity, fitness for a particular purpose OR NONINFRINGEMENT of the Content and/or Technology. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and/or Technology. the Company makes no representation, warranty or guarantee that the Content and/or Technology that may be available for downloading from the Razz Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You expressly agree that your use of the Razz Site is at your sole risk.
Limitations on the Company's Liability
In no event shall the Company be responsible FOR, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence), indemnification or otherwise, for any damages, including, but not limited to, special, incidental, indirect, punitive or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Razz Site; (iii) your inability to access or use the Razz Site for any reason; (iv) your downloading of any of the Content or Technology for your use; or (v) your reliance upon or use of the Content or Technology, even if the Company has been advised of the possibility of such damages. THE COMPANY'S LIABILITY IS LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO THE COMPANY FOR USE OF THE SERVICE. THESE LIMITATIONS WILL APPLY TO ALL CLAIMS, INCLUDING WITHOUT LIMITATION WARRANTY, CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of the Company
You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by the Company; (iii) your access or use of the Razz Site; (iv) your access or use of the Content and / or Technology.
Amendments to this Agreement
The Company reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The Company's last update was August 13, 2007. Your continued access and use of the Razz Site, Content and/or Technology following the posting of any such changes shall automatically be deemed your acceptance of all changes.
The Company's Remedies
You acknowledge that the Company may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, the Company shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of San Francisco, California. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This Agreement is governed by and construed in accordance with the internal laws of the California, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in San Francisco County, California. The arbitrator shall be selected by you and the Company, and if you and the Company are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the Company. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and the Company and your and the Company's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or the Company be entitled to punitive damages and both you and the Company hereby waive your and the Company's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Agreement shall be exclusively in the state and/or federal courts in and for San Francisco, California, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This Agreement, as amended from time to time, represents the entire understanding and agreement between you and the Company regarding the subject matter of the same, and supersedes all other previous agreements, understandings and/or representations regarding the same.
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