Rolling Bunnies Site Terms of Service
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Rolling Bunnies for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible to Rolling Bunnies if you violate these Terms.
Rolling Bunnies reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to the amended terms, you must stop using the Services.
If you have any questions regarding the Services, please contact Rolling bunnies by mail at PO Box 612680, San Jose, CA 95161-2680.
You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms
3. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4.1 When using our Services, you may choose to, and in some instances, you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your login details and keep them secret.
4.2 You agree that you shall not give your login details to anyone else or allow anyone else to use your log in details or account.
4.3 In these terms, references to “login details” or “account” include your login details and account for any social network or platform that you may allow our Services to interact with.
4.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
4.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
4.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
4.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
4.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
4.9 Your account is personal to you and you are not entitled to transfer your account to any other person.
5. Virtual Goods and Virtual Money
5.1 Our Games may include virtual currencies such as gold bars and gems (“Virtual Money”), items or services for use with our Games (“Virtual Goods”) or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”). You agree that once purchased Virtual Money, Virtual Goods and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.
5.2 You do not own Virtual Goods, Virtual Money and/or Subscriptions but instead, you purchase a limited personal revocable license to use them – any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.
5.3 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be canceled during the Subscription period. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 5.3, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.
5.4 If you do not connect your gameplay on a device to an account that is linked to either your social network account or a Rolling Bunnies account, we will not be able to restore any Virtual Money or other data associated with your Gameplay to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:
– any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase as described in the paragraph above;
– any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and
– any risk of loss of other data associated with your Gameplay (including, but not limited to, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Gameplay data is generated.
5.5 The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your gameplay on a device to an account that is linked to either your social network account or Rolling Bunnies account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Goods which you purchase from us, upon completion of the purchase as described in paragraph above; and/or (ii) in other cases, (including Subscriptions) at the time the Virtual Goods are credited or awarded to you.
5.6 We reserve the right to control, regulate, change or remove any Virtual Money, Virtual Goods and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
5.7 We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.
5.8 Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, you should check with your platform before making Bunnies a purchase. Unless otherwise shown, the content available in any in-game store has the same age rating as the game.
5.9 Without limiting paragraphs 4.7, 5.4 or 7.1 if we suspend or terminate your account in accordance with these terms you may lose any Virtual Money, and Virtual Goods and/or active Subscriptions (see paragraph 5.11) that you may have, and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
5.10 The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges, then you should check with your bank before making Bunnies a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, carrier billing and PayPal only. Our payment processing partners may have their own terms and conditions and you should ensure you agree with these prior to making Bunnies any payment. If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
5.11 Payment for a Subscription will be charged to your account at the point of purchase and for renewals will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly basis unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.
6. Playing our Games with other users
6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
6.1.1 choose to play against another user or to play socially with another user whom Rolling Bunnies selects for you, or
6.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where Rolling Bunnies selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status, and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.
7. Your breach of these terms
7.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
· delete, suspend and/or modify your account or parts of your account;
· otherwise suspend and/or terminate your access to our Services;
· modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;
· reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
Without limitation, any breaches of paragraphs 5.1, 5.7, 15.1 or 15.4 are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all losses, harm, claims, and expenses that may arise from any breach of these terms by you.
8. Copyright and Limited License
8.1 Unless otherwise indicated, the Service and all content and other materials on the Services, including but not limited to Rolling Bunnies logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Rolling Bunnies Materials”) are proprietary property of Rolling Bunnies or our licensors or users and are protected by U.S. and international copyright laws.
8.2 You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Rolling Bunnies Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Rolling Bunnies Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Rolling Bunnies Materials; (d) modifying or otherwise making any derivative uses of the Services and the Rolling Bunnies Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Rolling Bunnies Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Rolling Bunnies Materials other than for their intended purposes. Any use of the Services or the Rolling Bunnies Materials other than as specifically authorized herein, without the prior written permission of Rolling Bunnies, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
9. Repeat Infringer Policy
9.1 In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Rolling Bunnies has adopted a policy of terminating, in appropriate circumstances and in Rolling Bunnies’ sole discretion, subscribers who are deemed to be repeat infringers. Rolling Bunnies may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Copyright Complaints
10.1 If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
10.1.1 Address: Copyright Agent at PO Box 612680, San Jose, CA 95161-2680
10.1.2 Email: firstname.lastname@example.org
10.2 Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Rolling Bunnies”, the Rolling Bunnies logos, and any other Rolling Bunnies’s product or service name or slogan contained on the Services are trademarks of Rolling Bunnies, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rolling Bunnies or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Rolling Bunnies” or any other name, trademark or product or service name of Rolling Bunnies without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Rolling Bunnies and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial purposes, provided such link does not portray Rolling Bunnies or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Rolling Bunnies logo or other proprietary graphics of Rolling Bunnies to link to the Services without the express written permission of Rolling Bunnies. Further, you may not use, frame or utilize framing techniques to enclose any Rolling Bunnies trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Rolling Bunnies’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary rights of Rolling Bunnies or any third party.
13. Third-Party Content
Rolling Bunnies may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Rolling Bunnies does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including but not limited to regarding its accuracy or completeness. You acknowledge and agree that Rolling Bunnies is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.
14. Advertisements and Promotions; Third-Party Products and Services
Rolling Bunnies may run advertisements and promotions from third parties on the Services or may otherwise provide information about or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Rolling Bunnies is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-Rolling Bunnies advertisements or other third-party information on the Services.
15. User Content and Conduct
15.1 The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
15.1.1 User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
15.1.2 User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation the FTC rules regarding endorsements;
15.1.3 User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
15.1.4 User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
15.1.5 Unsolicited promotions, political campaigning, advertising or solicitations;
15.1.6 Private information of any third party, including but not limited to, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
15.1.7 Viruses, corrupted data or other harmful, disruptive or destructive files; and
15.1.8 User Content that, in the sole judgment of Rolling Bunnies, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Rolling Bunnies or our users to any harm or liability of any type.
15.1.9 You further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:
188.8.131.52 Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
184.108.40.206 Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
220.127.116.11 Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
18.104.22.168 Send any unsolicited commercial messages;
22.214.171.124 Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
126.96.36.199 Circumvent or attempt to circumvent any filtering, security measures or other features.
15.2 Rolling Bunnies takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Rolling Bunnies liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at Rolling Bunnies’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Although Rolling Bunnies has no obligation to screen, edit or monitor User Content, Rolling Bunnies reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
15.3 Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of a Rolling Bunnies contest), Rolling Bunnies claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Rolling Bunnies a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes unless you expressly grant these rights to Rolling Bunnies at the time you post or submit such content.
15.4 You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Rolling Bunnies, the Services or third-party products and services (collectively, “Submissions”). Submissions, whether posted to the Services, Rolling Bunnies social media sites or provided to Rolling Bunnies by email or otherwise, are non-confidential and shall become the sole property of Rolling Bunnies. Rolling Bunnies shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Rolling Bunnies, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ROLLING BUNNIES, THE SERVICES AND ROLLING BUNNIES MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ROLLING BUNNIES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. ROLLING BUNNIES DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ROLLING BUNNIES MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE ROLLING BUNNIES ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, ROLLING BUNNIES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
WITHOUT LIMITING THE FOREGOING, ROLLING BUNNIES DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.
19. Limitation of Liability
IN NO EVENT SHALL ROLLING BUNNIES, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE ROLLING BUNNIES MATERIALS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, 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 ROLLING BUNNIES’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ROLLING BUNNIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ROLLING BUNNIES FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
20. Modifications to the Services
Rolling Bunnies reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Rolling Bunnies will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.
21. Applicable Law and Venue
21.1 These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California, without reference to conflicts of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in San Jose, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of the Services.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ROLLING BUNNIES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
21.2 You and Rolling Bunnies agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Rolling Bunnies are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Rolling Bunnies agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Jose, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. You and Rolling Bunnies also agree that the state or federal courts in San Jose, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND ROLLING BUNNIES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Rolling Bunnies reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.