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Those things you DON'T WANT
but THEY DO?
RAFFLE THEM with RaffleMyStyff

Terms and Conditions


RAFFLEMYSTYUFF TERMS OF USE

Last Updated: February 14, 2012

1. GENERAL

rafflemystuff, Inc. ("RB") provides services through its websites, programs and computer servers, including but not limited to classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as "RB.") By accessing or using RB, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and RB. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on RB as set forth to users upon access to such categories or services. RB may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of RB.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of RB, in which case any continuing access or use of RB is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on RB.

RB is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOU grant you a limited, revocable, nonexclusive license to access RB and use RB, in whole or in part, including but not limited to RB intellectual property therein, solely in compliance with the TOU.

"RAFFLEBITCOIN" and "RB" are trademarks of RB and are protected by United States and international laws. The TOU do not authorize you to use "RAFFLEBITCOIN," "RB" or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with RB.

2. MODERATION

RB has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via RB by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of RB) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that RB, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). RB may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. RB action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive RB's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by RB or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "RB Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither RB nor any RB Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Although RB Representatives may moderate content, conduct and TOU compliance on RB at RB's discretion, RB Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of RB will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of RB will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any RB Representative (or by anyone else acting on behalf of RB or by anyone purportedly acting on behalf of RB) that RB (including but not limited to any RB Representative, anyone else acting on behalf of RB, or anyone purportedly acting on behalf of RB) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that RB, RB Representatives and anyone else authorized to act on behalf of RB shall in no circumstance be liable as a result of any representation that RB, a RB Representative or anyone else on behalf of RB would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by RB's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

RB also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of RB at any time without notice. RB and RB Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content

RB does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from RB includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via RB); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to RB would violate these TOU or RB's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on RB and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You automatically grant and assign to RB, and you represent and warrant that you have the right to grant and assign to RB, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to RB all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold RB and RB Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by RB or RB Representatives.

b. Conduct

RB does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to RB, and, if you create an account on RB, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold RB and RB Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to RB or RB, and related to or arising out of any conduct or activities on, through or by use of your RB account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by RB or RB Representatives.

4. POSTING AND ACCOUNTS

This section 4 applies to all uses and users of RB, unless RB has specifically authorized an exception to a particular term for a particular user in a written agreement. RB has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a.    Postings

RB is intended and designed as a local service. A user may post content only to the single specific geographic area offered on RB (see http://www.RB.org/about/sites) for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on RB.

The same or substantially similar content may not be posted in more than one RB category. A user may post content only in the single RB category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising classes or vocational training must be posted under the "classes" category of the "community" section and may not be posted in any "jobs" category. Likewise, content advertising auto financing must be posted under the "financial" category of the "services" sections and not under "cars/trucks" category in the "for sale" section. Similarly, services relating to real estate must be posted under "real estate" category of the "services" section and may not be posted to any category within the "housing" section.

A user may post the same or substantially similar content no more than once every 48 hours.

Where a RB category provides specific subcategories for posts by particular types of users (e.g., car sales "by-owners" versus "by-dealers," and real estate for sale "by-owner" versus "by-broker"), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any "by owner" category.

Users may not circumvent any technological measure implemented by RB to restrict the manner in which content may be posted on RB or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent RB accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited for any third party to post content to RB on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to RB using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to RB for each instance of access to RB (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on RB. Users may not post content or communicate with any RB user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

b.    Accounts

A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.

A user must only use his/her own account or PVA, and may not use any account or PVA of another.

The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.

A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user's own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.

c.    Flagging

A user shall not "flag" (or otherwise seek removal of) content on RB without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.

A user may flag a specific item of content only once.

A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).

5. UNAUTHORIZED ACCESS AND ACTIVITIES

This section 5 applies to all uses and users of RB, unless RB has specifically authorized an exception to a particular term for a particular user in a written agreement. RB has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of RB for its users, access to RB and/or activities related to RB that are harmful to, inconsistent with or disruptive of RB and/or its users' beneficial use and enjoyment of RB are expressly unauthorized and prohibited. For example, without limitation:

The collection of RB users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of RB or any content posted on RB whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access RB without individual written agreements executed with RB that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant RB website, service, forum or content; (b) they access RB from a stable IP address using an easily identifiable agent; and (c) they comply with RB's robots.txt file; provided however, that RB may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access RB without their own written agreement executed with RB), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of RB to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with RB (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access RB or copy, display, distribute, perform or create derivative works from RB webpages or other RB intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on RB or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of RB webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of RB pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of RB in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of RB in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of RB in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

RB and RB Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

You agree to indemnify and hold RB and RB Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by RB or RB Representatives.

7. FEES

RB may charge a fee to post content or for other features, products, services or licenses. You are responsible to RB for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize RB, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by RB or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, RB reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

8. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON RAFFLEBITCOIN AND CONTENT ACCESSED THROUGH RAFFLEBITCOIN IS ENTIRELY AT YOUR OWN RISK. RAFFLEBITCOIN (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, RB ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF RAFFLEBITCOIN AND CONTENT ACCESSED THROUGH RAFFLEBITCOIN; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF RAFFLEBITCOIN OR CONTENT ACCESSED THROUGH RAFFLEBITCOIN; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF RAFFLEBITCOIN OR CONTENT ACCESSED THROUGH RAFFLEBITCOIN (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON RAFFLEBITCOIN OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

9. LIMITATIONS OF LIABILITY

RB AND THE RB REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON RAFFLEBITCOIN OR CONTENT ACCESSED THROUGH RAFFLEBITCOIN BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO RAFFLEBITCOIN OR CONTENT ACCESSED THROUGH RAFFLEBITCOIN, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF RB OR ANY RB REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF RAFFLEBITCOIN OR CONTENT ACCESSED THROUGH RAFFLEBITCOIN; ANY INABILITY TO ACCESS OR USE RAFFLEBITCOIN OR CONTENT ACCESSED THROUGH RAFFLEBITCOIN; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF RAFFLEBITCOIN OR CONTENT ACCESSED THROUGH RAFFLEBITCOIN.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF RAFFLEBITCOIN OR CONTENT ACCESSED THROUGH RAFFLEBITCOIN (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON RAFFLEBITCOIN AND LINKS IN CONTENT ACCESSED THROUGH RAFFLEBITCOIN).

You hereby release RB and each of the RB Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to RB or content accessed through RB, or any interactions with others arising out of or related to RB or content accessed through RB, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please follow the directions for written notice at:

http://www.RB.org/about/infringement.claims

11. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOU may cause RB immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, RB has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to RB in law or in equity, RB may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

12. DAMAGES

In addition to any injunctive relief, you agree to pay to RB the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to RB as described in the following schedule:

http://www.RB.org/about/liquidated.damages

Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of RB's damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.

13. PRIVACY

RB has established a privacy policy covering the collection, use, and disclosure of user information:

http://www.RB.org/about/privacy_policy

14. MISCELLANEOUS

These TOU constitute the entire agreement between you and RB and supersede any prior written or oral agreement. Other than the RB Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Any and all claims, causes of action or disputes (regardless of theory) between you and RB arising out of or related to the TOU, RB or content accessed through RB shall be governed by the laws of the State of California without regard to conflict or choice of law principles. You and RB agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of San Francisco, California, and you and RB agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

15. FEEDBACK

Comments on these TOU are welcome in the RB feedback forum:

http://forums.RB.org/?forumID=8





V2


END USER AGREEMENT

This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of SatoshiDice’s service or products. Please note that the Agreement constitutes a legally binding agreement between you and SatoshiDice (referred to herein as "SatoshiDice", "us" or "we") which owns and operates the Internet site found and games described at www.satoshidice.com (the "Service"). By clicking the "I Agree" button if and where provided and/or using the Service, you consent to the terms and conditions set forth in this Agreement.

1. GRANT OF LICENSE

1.1. Subject to the terms and conditions contained herein, SatoshiDice grants the User a non-exclusive, personal, non-transferable right to use the Service on your personal computer or other device that accesses the Internet in order to access the games available and described on the satoshidice.com website (the website and games together being the "Service").

1.2.  The Service is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals accessing the Service from jurisdictions from which it is illegal to do so. SatoshiDice is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.

1.3. SatoshiDice and its licensors are the sole holders of all rights in and to the Service and code, structure and organization, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws: (a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the website; or (b) use the Service in a manner prohibited by applicable laws or regulations (each of the above is an "Unauthorized Use"). SatoshiDice reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify SatoshiDice immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide SatoshiDice with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.4. The term "SatoshiDice", its domain names and any other trade marks, or service marks used by SatoshiDice as part of the Service (the "Trade Marks"), are solely owned by SatoshiDice. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to SatoshiDice and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without SatoshiDice’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of SatoshiDice.

2. NO WARRANTIES.

2.1. SATOSHIDICE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE WHICH IS PROVIDED TO YOU "AS IS" AND WE PROVIDE YOU WITH NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING ITS QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY.

2.2. REGARDLESS OF OUR EFFORTS, WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

3. AUTHORITY/TERMS OF SERVICE

You agree to the game rules described on the satoshidice.com website. SatoshiDice retains authority over the issuing, maintenance, and closing of the Service. The decision of SatoshiDice’s management, as regards any use of the Service, or dispute resolution, is final and shall not be open to review or appeal.

4. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

4.1. there is a risk of losing bitcoins when using the Service and that SatoshiDice has no responsibility to you for any such loss;

4.2. your use of the Service is at your sole option, discretion and risk;

4.3. you are solely responsible for any applicable taxes which may be payable on bitcoins awarded to you through your using the Service;

4.5. the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of SatoshiDice and SatoshiDice shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and

4.6. you are aged 18 or over and that you are not currently self-excluded from any gambling site or gambling premises and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.

5. PROHIBITED USES

5.1. PERSONAL USE. The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment.

5.2. NO SHARED WALLET. The User will not transmit Bitcoins to the address indicated on the website from a shared wallet or any other address not solely controlled by the User as any amounts sent back to the initiating address may not be properly credited to the User.

5.3 JURISDICTIONS. Persons located in or residents of the United States and the United States Territories (the “Prohibited Jurisdictions”) are not permitted make use of the Service.  For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement.  An attempt at circumvention includes, but is not limited to, manipulating the information used by SatoshiDice to identify your location and providing SatoshiDice with false or misleading information regarding your location or place of residence.

6. BREACH

6.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, SatoshiDice reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.

6.2. You agree to fully indemnify, defend and hold harmless SatoshiDice and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Service.

7. LIMITATION OF LIABILITY.

7.1. Under no circumstances, including negligence, shall SatoshiDice be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if SatoshiDice had prior knowledge of the possibility of such damages.

7.2. Nothing in this Agreement shall exclude or limit SatoshiDice’s liability for death or personal injury resulting from its negligence.

8. DISPUTES

If a User wishes to make a complaint, please contact our customer service team at support@satoshidice.com. Should any dispute not be resolved to your satisfaction you may pursue remedies in the governing law jurisdiction set forth below.

9. AMENDMENT

SatoshiDice reserves the right to update or modify this Agreement or any part thereof at any time or otherwise change the Service without notice and you will be bound by such amended Agreement upon posting. Therefore, we encourage you check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to the Agreement.

10. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Costa Rica. You irrevocably agree that, subject as provided below, the courts of Costa Rica shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of SatoshiDice to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

11. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

12. ASSIGNMENT

SatoshiDice reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

13. MISCELLANEOUS

13.1. No waiver by SatoshiDice of any breach of any provision of this Agreement (including the failure of SatoshiDice to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

13.2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with an affiliate of SatoshiDice.

13.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

13.4. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.