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Terms and Conditions

Dizzywood Terms of Use

Dizzywood Code of Conduct

I pledge to treat others with the same respect in Dizzywood as I would in real life. I will not use bad language or act inappropriately. I will not use Dizzywood as a dating or hookup site. I will not bully other kids or participate in activities that unfairly exclude any players. I will not share my personal information or request it from others. I will report anything that makes me feel uncomfortable to my parents and the moderators at Dizzywood. I will not use any third-party programs or other methods to cheat while playing. Most of all, I promise to have fun, use my imagination, and welcome new adventures!

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Welcome to Dizzywood.com (the "Site"). This Site is owned and operated by Rocket Paper Scissors, LLC (referred to as "Dizzywood," "us" or "we"). This Site is offered to you (referred to as "you" or "user") on the condition that you accept all of these Terms of Use (the "Terms of Use"). By accessing, browsing or using this Site, you acknowledge you have read, understand and agree to be legally bound by these Terms of Use, so please read them carefully. If you do not agree to these Terms of Use, please discontinue your use of this Site immediately.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use.

We reserve the right, in our sole discretion, to change or modify any portion of this Site and these Terms of Use at any time without prior notice. Such changes or modifications will be effective immediately upon the implementation of any change or modification of the Site and/or the posting of a revised version of these Terms of Use. We also reserve the right to suspend or terminate all or any portion of this Site at any time without notice. Please review these Terms of Use regularly so that you will be aware of any changes to the Terms of Use. Your continued use of the Site following any such revision means you accept and will abide by the revised Terms of Use. If you violate these Terms of Use, we may terminate your account and restrict your access to the Site and the Materials.

Ownership and Use Restrictions

All software, information, content, materials, other copyrightable elements and/or materials and all trademarks, service marks and trade names contained or provided on this Site (the “Materials) are the property of Dizzywood, its subsidiaries, assigns, affiliated companies, licensors and/or other respective owners and are protected under U.S. and foreign copyright and trademark laws.

Dizzywood hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the Materials, provided that you maintain all copyright and other notices contained in such Materials and do not use the Materials in a manner that suggests an association with any of Dizzywood’s products or services. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Materials to any third party (including, without limitation, the display and distribution of the Materials via a third party Web site) without the express prior written consent of Dizzywood. Use of Dizzywood and/or its licensors’ Materials is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, enhance or otherwise modify or exploit the Materials. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Except as expressly and unambiguously provided herein, neither we nor our licensors grant you any express or implied rights, and all rights in the Materials not expressly granted by us or licensors to you are retained by us and our licensors.

Registration

To access and use the Site or some of the Materials available thereon, you may be required to register with us. If you register, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and restrict or refuse any and all current or future use of any Site or any portion thereof.

You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. You will be responsible for maintaining the confidentiality of your password and for all activities that occur under your username and password.

Third Party Websites, Content, Products and Services

As a convenience to you, the Site may contain or direct you to links to other sites on the Internet maintained by third parties. These sites may contain information or material that you may find inappropriate or offensive. We do not operate or control, in any respect, or necessarily endorse the content, products or services found on or the security of any information you may provide to such third-party sites. These third party sites may be governed by different terms of use and privacy policies. You assume sole responsibility for your use of any third-party links and sites.

Disclaimer of Warranties

THE SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN "AS IS " AND "AS AVAILABLE " BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DIZZYWOOD DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIZZYWOOD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIZZYWOOD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS OR OTHER CONTENT IN ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DIZZYWOOD IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITE. YOU USE THIS SITE AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIZZYWOOD, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY DIZZYWOOD OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Dizzywood’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site or the Materials.

Indemnity

You agree to indemnify, defend, and hold harmless, Dizzywood, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

User Submissions and Posted Content

You are solely responsible for any information, ideas, opinions, avatar data and actions, photographs, images, video, creative works, or any other material that you publish, display, post, submit on or to the Site or transmit to other users of the Site (hereinafter, “Posted Content”). By submitting any Posted Content, you warrant and represent that you own or possess all necessary rights or licenses to submit the Posted Content, that the Posted Content and all information contained therein does not infringe any proprietary or other rights of third parties or contain any libelous, defamatory, or otherwise unlawful or harmful information and that the Posted Content is not intended to promote any third party commercial or other business activity. In no event shall we assume or have any responsibility or liability for any Posted Content or for any claims, damages, or losses resulting from the use or transmission of any Posted Content and/or its display on this Site. Posted Content does not necessarily reflect the views of Dizzywood.

By uploading or otherwise submitting any Posted Content to us and/or the Site, you (and your parents, if you’re under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Dizzywood, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such Posted Content into any form, medium, or technology (now known or hereafter developed or devised) throughout the world. In addition, you warrant that all “moral rights” and other similar rights recognized throughout the world in that Posted Content has been waived.

We reserve the right, in our sole discretion and judgment, to refuse to post, edit, or delete any Posted Content that violates these Terms of Use or which might be offensive, illegal, or inappropriate, which might violate the rights of, harm, or threaten the safety of other users of the Site, seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise, or which contains a virus, worm, “Trojan Horse” or other computer code or file designed to disrupt, interrupt, destroy or limit the functionality of the Site or any other computer or telecommunications software or hardware, and to suspend or terminate the account of and refuse any and all current or future use of any Site or any portion thereof by users who violate these Terms of Use or submit such Posted Content.

Points

Registered users may earn Points to redeem virtual items that can be used in Dizzywood. Points may be redeemed only for virtual goods available through The Dizzywood Store. Points are valid for one year after the date they were earned, after which time they will expire, as permitted by law. Notwithstanding this standard expiration period, Dizzywood reserves the right, as it deems appropriate in its sole discretion at any time, to modify or terminate the Points program; distribute Points without charge; or withdraw, revalue, or modify previously purchased or distributed Points, where permitted by law.

Privacy Notice

Use of the Site is also governed by our Privacy Policy, which forms part of these Terms of Use.

Copyright Dispute Policy

If you think that the Site contains any content that infringes your intellectual property rights, please review and follow the procedures set forth in our Copyright Dispute Policy, which forms part of these Terms of Use.

User Accounts

We reserve the right to suspend or terminate your account at our sole discretion. We reserve the right to temporarily or permanently remove your access to certain community features at our sole discretion.

Refund Policy

We want you to be completely satisfied with your purchase of a membership with Dizzywood. If for any reason you are not, you may cancel your paid membership within 30 days of the initial order for a full refund. Please visit our Contact Us page (http://www.dizzywood.com/contact-us.html) and select “Refund” from the available options.

Notices

We may be required by state or federal law to notify you of certain events. You agree that such notices will be effective upon our posting them on the Site or delivering them to you through email or postal mail. If you do not provide us with accurate information, we will not be held liable if we fail to notify you. In addition, we may provide you with administrative and service announcements which you cannot opt out of receiving.

Miscellaneous

The Site is controlled and operated by Dizzywood from its offices at 720 Market Street, 4th Floor, San Francisco, California 94102, United States of America. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or Dizzywood may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in San Francisco County, California, and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The failure of Dizzywood to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use contain the entire agreement between the parties relating to use of the Site and the Materials and the matters set forth herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dizzywood with respect to the Site and the Materials. These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the Terms of Use, the Terms of Use shall control.

No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

These Terms of Use are not assignable, transferable of sub licensable by you except with Dizzywood’s prior written consent.

Contact Information

Please contact us at the following address with any questions concerning these Terms of Use or to report any violations of these Terms of Use.

Rocket Paper Scissors LLC

ATTN: Terms of Use
720 Market Street, 4th Floor
San Francisco, CA 94102
(800) 387-6907
terms@dizzywood.com

Recent Updates

These Terms of Use were last updated on February 26, 2009