Make It Ruby LLC, LEGAL TERMS AND CONDITIONS
Version updated: January 7, 2011
INTRODUCTION
Welcome to the website of Make It Ruby LLC, ("Make It Ruby LLC"). Throughout these terms of use and conditions Make It Ruby LLC may be referred to herein as "we," "us," or "our".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using the Make It Ruby LLC website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Make It Ruby LLC website. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment."
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any Make It Ruby LLC website are the copyrighted property of the Make It Ruby LLC. All trademarks, service marks, trade names, and trade dress are proprietary to and the property of the Make It Ruby LLC. No material from this Make It Ruby LLC website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may copy one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download materials to a database that can be used to avoid future downloads from any Make It Ruby LLC website. The use of any Make It Ruby LLC material on any other website or computer environment is prohibited without written consent from Make It Ruby LLC.
SUBMISSIONS
We like to hear from our website visitors. We value your comments, both positive and negative regarding our website, products and services. Please be aware that it is our position and policy to not accept, respond to, or consider any creative ideas, suggestions, or materials other than those that we specifically request. It is this policy's intent to avoid potential misunderstandings when Make It Ruby LLC's creative materials (e.g. story lines, characters, artwork) might seem to be similar to unsolicited creative materials. Please do not send any unsolicited original creative materials such as artwork, story lines, character suggestions or product ideas. While we do value all feedback on our website, products or services, we strongly request that you be specific in your comments on our website, products or services and refrain from submitting any suggestions for story lines, characters, products or artwork. If, for any reason, you send or provide materials (e.g., contest entries, writings, graphics or emails) or despite our request, you send unsolicited creative suggestions, notes, drawings, concepts, or other related items ("Submissions"), then the Submissions shall be deemed, and remain, property of Make It Ruby LLC. All Submissions shall not be subject to any obligation of confidentiality on Make It Ruby LLC's website and Make It Ruby LLC shall not be or become liable for any use or disclosure of any Submission(s). Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
CONTENT LINKED TO ANY Make It Ruby LLC WEBSITE
You should be aware that when you are on an Make It Ruby LLC website, you could be directed to other sites that are beyond our control. There are links to other sites from Make It Ruby LLC pages that take you outside of our service. For example, if you click on a sponsor's logo, banner advertisement or a search result, the click may take you off the Make It Ruby LLC website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves an Make It Ruby LLC website the site you will land on is not controlled by Make It Ruby LLC and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that Make It Ruby LLC is not responsible for those sites. We reserve the right to disable links from third-party sites to any Make It Ruby LLC webpage, although we are under no obligation to do so.
DISCLAIMER
THE MATERIALS IN THE Make It Ruby LLC WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE ARE NOT RESPONSIBLE FOR ANY OF THE ARTICLES, COMMENTS, REVIEWS, OR USER NAMES POSTED TO THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY Make It Ruby LLC WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Make It Ruby LLC WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Make It Ruby LLC WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from any Make It Ruby LLC website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any Make It Ruby LLC website or third-party content on our websites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your member name(s), screen name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees, (collectively, the "Indemnified Parties"), harmless from and against any and all liabilities and costs, (including reasonable attorneys' fees), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MAKE IT RUBY LLC WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $1 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE Make It Ruby LLC WEBSITE.
JURISDICTIONAL ISSUES
The Make It Ruby LLC™ website is controlled and operated by Make It Ruby LLC, managed from its office in Los Angeles. We make no representation that materials on any Make It Ruby LLC website are appropriate or available for use in any particular location. Those who choose to access an Make It Ruby LLC website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this website is further subject to United States export controls.
AMENDMENT
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by prominently posting notice of any such change, modification, addition, or deletion on the website covered by these terms of use.
TERMINATION
These terms of use are effective until terminated (by either you or us). You may terminate these terms at any time by discontinuing use of the Make It Ruby LLC website and by destroying all materials obtained from the Make It Ruby LLC website and all related documentation, copies and installations thereof or there from, whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:
Customer Services
Make It Ruby, LLC
264 Verano Drive
Daly City, CA 94015
We may immediately terminate these terms of use with respect to you (including your access to any and all Make It Ruby LLC websites) without cause and without notice to you upon our sole discretion. Upon termination, you must cease use of all Make It Ruby LLC websites and destroy all materials obtained from such websites and all copies thereof, whether made under these terms of use or otherwise.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of our copyrights.
GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. 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 Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating or arbitrating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
The Winner will be awarded in a random drawing from among all the eligible entries received. The Winner will be notified by email. To claim prize, a parent must return prize claim form within 7 days.
ELGIBILITY
MAKE IT RUBY LLC CONTEST is open to legal residents of the United States (excluding residents of Puerto Rico) as of July 24, 2009. The Promotion is governed by U.S. laws and is subject to all federal, state and local laws. Void were prohibited or restricted. By participating in the Promotion, participants and their parents/legal guardians (if participant is under 18) agree to be bound by these Official Rules and the decisions of the judges, administrators and Sponsor, which shall be final and binding in all respects, and to release Sponsor, its affiliates, divisions, subsidiaries, partners and consultants, and all coordinating agencies, prize providers and participating companies from any and all liability, claims or damages arising out of their participation in this Promotion and the acceptance and use of any prize.
PROMOTION PERIOD
This Promotion begins 12:00 a.m. Pacific Coast Time on January 21, 2011 and ends at 11:59 p.m. Pacific Coast Time on February 10, 2011)
REGISTRATION
Being a registered member of the MakeItRuby.com website is required to participate in the Promotion. If you are not registered member of the MakeItRuby.com web site, follow the instructions to Join and Register to become a MakeItRuby.com member on the MakeItRuby.com website.
PRIZES /APROXIMATE RETAIL VALUE/ ODDS
The approximate retail value of all the prizes ranges from $10.00-$15.00.
The odds of winning any prize depends on the number of eligible entries received over the course of the Promotion Period.
NOTIFICATION OF WINNER
Winner will be notified by email within 14 days after the end of the Promotion Period. If a winner is unreachable after 7 days, or if the winner is unavailable for prize fulfillment, an alternate winner will be selected.
CONDITIONS OF PARTICIPATION AND CERTAIN RESTRICTIONS
The winner(s) must provide an address to mail the prize to. The Promotion participant is solely responsible for participating in the Promotion during the Promotion Period, as well as claiming the prize within 7 days of the email and online notification. Prize winners (or winner’s parent/guardian if winner is under 18) must agree to certain terms and conditions related to eligibility, release of liability, and Sponsor’s use of winner name and/or likeness for use in the Ruby’s Friend section on the website, without compensation (unless prohibited by law) as part of the prize claim process. Noncompliance may result in disqualification. Taxes, if any, on all prizes are the sole responsibility of the winner. Acceptance of prize constitutes permission to the Sponsor to use winner’s name and/or likeness purposes of advertising and promotion without additional compensation, unless prohibited by law. If permission is given by promotion participants (or parent or legal guardian if Promotion participant is under 18) the names and email address of Promotion participants may be used for future marketing solicitations by Sponsor. Sponsor is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or incomplete or garbled computer transmissions that might limit a person’s ability to participate in the Promotion. Sponsor reserves the right to cancel or modify the Promotion or disqualify a participant if fraud or technical failures destroy the integrity of the Promotion as determined by the Sponsor.
LIST OF PRIZE WINNERS
Names of all prize winners will be available after the termination of the Promotion. To receive a list of winners, mail a stamped, self addressed envelope accompanies with a signed, hand-printed request to MAKE IT RUBY LLC CONTEST WINNERS LIST, Make It Ruby, LLC,
264 Verano Drive,
Daly City, CA 94015